[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2202 Reference Change House (RCH)]

  1st Session
                                H. R. 2202

 To amend the Immigration and Nationality Act to improve deterrence of 
 illegal immigration to the United States by increasing border patrol 
    and investigative personnel, by increasing penalties for alien 
     smuggling and for document fraud, by reforming exclusion and 
 deportation law and procedures, by improving the verification system 
 for eligibility for employment, and through other measures, to reform 
  the legal immigration system and facilitate legal entries into the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1995

Mr. Smith of Texas (for himself, Mr. Bryant of Texas, Mr. Gallegly, Mr. 
    Moorhead, Mr. McCollum, Mr. Bryant of Tennessee, Mr. Bono, Mr. 
   Heineman, Mr. Sensenbrenner, Mr. Gekas, Mr. Coble, Mr. Canady of 
  Florida, Mr. Inglis of South Carolina, Mr. Goodlatte, Mr. Barr, Mr. 
  Boucher, Mr. Baker of California, Mr. Ballenger, Mr. Beilenson, Mr. 
   Bilbray, Mr. Bonilla, Mr. Brewster, Mr. Calvert, Mr. Condit, Mr. 
Cunningham, Mr. Deal of Georgia, Mr. Dreier, Mr. Duncan, Mr. Foley, Mr. 
Hayes, Mr. Herger, Mr. Hunter, Mr. Sam Johnson of Texas, Mrs. Meyers of 
  Kansas, Mr. Packard, Mr. Rohrabacher, Mrs. Roukema, Mr. Shays, Mr. 
Stenholm, Mr. Tauzin, Mrs. Vucanovich, Mr. McKeon, Mr. Barton of Texas, 
   Mr. Hutchinson, Mr. Thornberry, Mr. Laughlin, Mr. Traficant, Mr. 
   Kasich, Mrs. Seastrand, Mr. Pete Geren of Texas, Mr. Wilson, Mr. 
 Stockman, Mr. Hastings of Washington, Mr. Bereuter, Mr. Combest, Mr. 
 Bartlett of Maryland, Mr. Barrett of Nebraska, Mr. Shaw, Mr. Pickett, 
 Mr. Skeen, Mr. Gutknecht, Mr. Kingston, Mr. Taylor of North Carolina, 
 Mr. Rogers, Mr. Solomon, Mr. Roberts, Mr. Everett, Mr. Doolittle, Mr. 
 Hefley, Mr. Schaefer, Mr. Goss, Mr. Bunning of Kentucky, Mr. Parker, 
  Mr. Taylor of Mississippi, Mr. Emerson, Mr. Shuster, Mr. Fields of 
 Texas, Mr. Quillen, Mr. Hall of Texas, Mr. Hoekstra, Mr. McCrery, Mr. 
  Stearns, Mr. Burton of Indiana, Mr. Lewis of Kentucky, Mr. Baker of 
   Louisiana, Mr. Bachus, Mr. Lightfoot, Mr. Collins of Georgia, Mr. 
Hansen, Mr. Horn, Mr. Paxon, Ms. Molinari, Mr. Linder, Mr. Hastert, Mr. 
   Royce, Mr. Kim, Mr. Camp, Mr. Hancock, Mr. Spence, Mr. Jones, Mr. 
Livingston, Mr. Regula, Mr. Ewing, Mr. Salmon, Ms. Harman, Mr. Zeliff, 
Mr. Shadegg, Mr. Pombo, Mr. Dornan, and Mr. Radanovich) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
  and in addition to the Committees on National Security, Government 
    Reform and Oversight, Ways and Means, and Banking and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           September 20, 1995

 Rereferred to the Committee on the Judiciary, and in addition to the 
Committees on Agriculture, Banking and Financial Services, Economic and 
 Educational Opportunities, Government Reform and Oversight, National 
     Security, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration in the 
National Interest Act of 1995''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided--
            (1) whenever in this Act an amendment or repeal is 
        expressed as the amendment or repeal of a section or other 
        provision, the reference shall be considered to be made to that 
        section or provision in the Immigration and Nationality Act, 
        and
            (2) amendments to a section or other provision are to such 
        section or other provision as in effect on the date of the 
        enactment of this Act and before any amendment made to such 
        section or other provision elsewhere in this Act.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents.
  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States 
                            unlawfully.
Sec. 107. Inservice training for the Border Patrol.
                       Subtitle B--Pilot Programs

Sec. 111. Pilot program on interior repatriation of inadmissible or 
                            deportable aliens.
Sec. 112. Pilot program on use of closed military bases for the 
                            detention of inadmissible or deportable 
                            aliens.
Sec. 113. Pilot program to collect records of departing passengers.
                    Subtitle C--Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.
 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States attorneys.
Sec. 205. Undercover investigation authority.
                Subtitle B--Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of 
                            government-issued documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents.
Sec. 214. New criminal penalties for failure to disclose role as 
                            preparer of false application for asylum 
                            and for preparing certain post-conviction 
                            applications.
Sec. 215. Criminal penalty for knowingly presenting document which 
                            fails to contain reasonable basis in law or 
                            fact.
Sec. 216. Criminal penalties for false claim to citizenship.
      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.
   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without 
                            authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible 
                            arriving aliens; referral for hearing 
                            (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the 
                            United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment 
                            of status; voluntary departure (revised and 
                            new sections 239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 
                            241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; 
                            additional conforming amendments.
Sec. 309. Effective dates; transition.
                Subtitle B--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321. Removal procedures for alien terrorists.
       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

        ``Sec. 501. Definitions.
        ``Sec. 502. Establishment of special removal court; panel of 
                            attorneys to assist with classified 
                            information.
        ``Sec. 503. Application for initiation of special removal 
                            proceeding.
        ``Sec. 504. Consideration of application.
        ``Sec. 505. Special removal hearings.
        ``Sec. 506. Consideration of classified information.
        ``Sec. 507. Appeals.
        ``Sec. 508. Detention and custody.''.
Sec. 322. Funding for detention and removal of alien terrorists.
   Part 2--Inadmissibility and Denial of Relief for Alien Terrorists

Sec. 331. Membership in terrorist organization as ground of 
                            inadmissibility.
Sec. 332. Denial of relief for alien terrorists.
 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.
Sec. 343. Transportation line responsibility for transit without visa 
                            aliens.
Sec. 344. Civil penalties for bringing inadmissible aliens from 
                            contiguous territories.
                   Subtitle D--Additional Provisions

Sec. 351. Definition of conviction.
Sec. 352. Use of term ``immigration judge''.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Use of retired Federal employees for institutional hearing 
                            program.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, 
                            and passport and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain 
                            section 274C violators.
Sec. 363. Authorizing registration of aliens on criminal probation or 
                            criminal parole.
        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401. Strengthened enforcement of the employer sanctions 
                            provisions.
Sec. 402. Strengthened enforcement of wage and hour laws.
Sec. 403. Changes in the employer sanctions program.
Sec. 404. Reports on earnings of aliens not authorized to work.
Sec. 405. Authorizing maintenance of certain information on aliens.
Sec. 406. Limiting liability for certain technical violations of 
                            paperwork requirements.
Sec. 407. Remedies in unfair immigration-related discrimination orders.
              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500. Overview of new legal immigration system.
                 Subtitle A--Worldwide Numerical Limits

Sec. 501. Worldwide numerical limitation on family-sponsored 
                            immigrants.
Sec. 502. Worldwide numerical limitation on employment-based 
                            immigrants.
Sec. 503. Establishment of numerical limitation on humanitarian 
                            immigrants.
Sec. 504. Requiring congressional review and reauthorization of 
                            worldwide levels every 5 years.
                Subtitle B--Changes in Preference System

Sec. 511. Limitation of immediate relatives to spouses and children.
Sec. 512. Change in family-sponsored classification.
Sec. 513. Change in employment-based classification.
Sec. 514. Authorization to require periodic confirmation of 
                            classification petitions.
Sec. 515. Changes in special immigrant status.
Sec. 516. Requirements for removal of conditional status of 
                            entrepreneurs.
Sec. 517. Miscellaneous conforming amendments.
   Subtitle C--Refugees, Asylees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.
Sec. 522. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 523. Increased resources for reducing asylum application backlogs.
Sec. 524. Parole available only on a case-by-case basis for 
                            humanitarian reasons or significant public 
                            benefit.
Sec. 525. Admission of humanitarian immigrants.
Sec. 526. Asylum reform.
       Subtitle D--General Effective Date; Transition Provisions

Sec. 551. General effective date.
Sec. 552. General transition for current classification petitions.
Sec. 553. Special transition for certain backlogged spouses and 
                            children of lawful permanent resident 
                            aliens.
Sec. 554. Special treatment of certain disadvantaged family first 
                            preference immigrants.
             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and 
                            immigration.
     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   Part 1--Public Benefits Generally

Sec. 601. Making illegal aliens ineligible for public assistance, 
                            contracts, and licenses.
Sec. 602. Making unauthorized aliens ineligible for unemployment 
                            benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services 
                            exception.
Sec. 605. Report on disqualification of illegal aliens from housing 
                            assistance programs.
Sec. 606. Definitions.
Sec. 607. Regulations and effective dates.
                    Part 2--Earned Income Tax Credit

Sec. 611. Earned income tax credit denied to individuals not authorized 
                            to be employed in the United States.
Subtitle B--Expansion of Disqualification from Immigration Benefits on 
                       the Basis of Public Charge

Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
      Subtitle C--Attribution of Income and Affidavits of Support

Sec. 631. Attribution of sponsor's income and resources to family-
                            sponsored immigrants.
Sec. 632. Requirements for sponsor's affidavit of support.
                 TITLE VII--FACILITATION OF LEGAL ENTRY

Sec. 701. Additional land border inspectors; infrastructure 
                            improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent 
                            documents.
                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Amended definition of aggravated felony.
Sec. 802. Amended definitions of ``child'' and ``parent'' to facilitate 
                            adoption of children born out-of-wedlock.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application 
                            for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H-1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not 
                            lawfully present in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Nonimmigrant status for spouses and children of members of 
                            the Armed Services.
Sec. 811. Commission report on fraud associated with birth 
                            certificates.
Sec. 812. Uniform vital statistics.
Sec. 813. Communication between State and local government agencies, 
                            and the Immigration and Naturalization 
                            Service.
Sec. 814. Criminal alien reimbursement costs.
Sec. 815. Miscellaneous technical corrections.

  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

                                                    Title I, Subtitle A

SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

    (a) Increased Number of Border Patrol Positions.--The number of 
border patrol agents shall be increased, for each fiscal year beginning 
with the fiscal year 1996 and ending with the fiscal year 2000, by 
1,000 full-time equivalent positions above the number of equivalent 
positions as of September 30, 1994.
    (b) Increase in Support Personnel.--The number of full-time support 
positions for personnel in support of border enforcement, 
investigation, detention and deportation, intelligence, information and 
records, legal proceedings, and management and administration in the 
Immigration and Naturalization Service shall be increased, beginning 
with fiscal year 1996, by 800 positions above the number of equivalent 
positions as of September 30, 1994.
    (c) Deployment of New Border Patrol Agents.--The Attorney General 
shall, to the maximum extent practicable, ensure that the border patrol 
agents hired pursuant to subsection (a) shall--
            (1) be deployed among the various Immigration and 
        Naturalization Service sectors in proportion to the level of 
        illegal intrusion measured in each sector during the preceding 
        fiscal year and reasonably anticipated in the next fiscal year, 
        and
            (2) be actively engaged in law enforcement activities 
        related to the illegal crossing of the borders of the United 
        States.

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

    (a) In General.--The Attorney General, in consultation with the 
Commissioner of the Immigration and Naturalization Service, shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to detection of 
illegal entrants) in the vicinity of the United States border to deter 
unauthorized crossings in areas of high illegal entry into the United 
States.
    (b) Construction of Fencing and Road Improvements in the Border 
Area Near San Diego, California.--
            (1) In general.--In carrying out subsection (a), the 
        Attorney General shall provide for the construction along the 
        14 miles of the international land border of the United States, 
        starting at the Pacific Ocean and extending eastward, of second 
        and third fences, in addition to the existing reinforced fence, 
        and for roads between the fences.
            (2) Prompt acquisition of necessary easements.--The 
        Attorney General shall promptly acquire such easements as may 
        be necessary to carry out this subsection and shall commence 
        construction of fences immediately following such acquisition 
        (or conclusion of portions thereof).
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection not to exceed 
        $12,000,000. Amounts appropriated under this paragraph are 
        authorized to remain available until expended.
    (c) Waiver.--The provisions of the Endangered Species Act of 1973 
are waived to the extent the Attorney General determines necessary to 
assure expeditious construction of the barriers and roads under this 
section.
    (d) Report on Forward Deployment.--(1) The Attorney General shall 
forward deploy existing border patrol agents in those areas of the 
border identified as areas of high illegal entry into the United States 
in order to provide a uniform and visible deterrent to illegal entry on 
a continuing basis.
    (2) By not later than 6 months after the date of the enactment of 
this Act, the Attorney General shall submit to the appropriate 
committees of Congress a report on the progress and effectiveness of 
such forward deployments.

SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

    The Attorney General is authorized to acquire and utilize, for the 
purpose of detection, interdiction, and reduction of illegal 
immigration into the United States, 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 by any other agency of the 
Federal Government upon request of the Attorney General.

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

    (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is amended 
by adding at the end the following: ``Such regulations shall provide 
that (A) each such document include a biometric identifier (such as the 
fingerprint or handprint of the alien) that is machine readable and (B) 
an alien presenting a border crossing identification card is not 
permitted to cross over the border into the United States unless the 
biometric identifier contained on the card matches the appropriate 
biometric characteristic of the alien.''.
    (b) Effective Dates.--
            (1) Clause (A) of the sentence added by the amendment made 
        by subsection (a) shall apply to documents issued on or after 6 
        months after the date of the enactment of this Act.
            (2) Clause (B) of such sentence shall apply to cards 
        presented on or after 18 months after the date of the enactment 
        of this Act.
    (c) Report.--Not later than one year after the implementation of 
clause (A) of the sentence added by the amendment made by subsection 
(a) the Attorney General shall submit to Congress a report on the 
impact of such clause on border crossing activities.

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively, and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Any alien who is apprehended while entering (or attempting to 
enter) the United States at a time or place other than as designated by 
immigration officers shall be subject to a civil penalty of--
            ``(1) at least $50 and not more than $250 for each such 
        entry (or attempted entry), or
            ``(2) twice the amount specified in paragraph (1) in the 
        case of for an alien who has been previously subject to a civil 
        penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed 
under this title.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to illegal entries occurring on or after the first day of the 6th 
month beginning after the date of the enactment of this Act.

SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE UNITED STATES 
              UNLAWFULLY.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
provide for detention and prosecution of each alien who commits an act 
that constitutes a violation of section 275(a) of the Immigration and 
Nationality Act if the alien has committed such an act on two previous 
occasions. Funds appropriated pursuant to this subsection are 
authorized to remain available until expended.
    (b) Sense of Congress.--It is the sense of Congress that the 
Attorney General should use available resources to assure detention and 
prosecution of aliens in the cases described in subsection (a).

SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

    (a) Requirement.--Section 103 (8 U.S.C. 1103) is amended by adding 
at the end the following new subsection:
    ``(e)(1) The Attorney General shall continue to provide for such 
programs (including intensive language training programs) of inservice 
training for full-time and part-time personnel of the Border Patrol in 
contact with the public as will familiarize the personnel with the 
rights and varied cultural backgrounds of aliens and citizens in order 
to ensure and safeguard the constitutional and civil rights, personal 
safety, and human dignity of all individuals, aliens as well as 
citizens, within the jurisdiction of the United States with whom such 
personnel have contact in their work.
    ``(2) The Attorney General shall provide that the annual report of 
the Service include a description of steps taken to carry out paragraph 
(1).''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary for 
fiscal year 1996 to carry out the inservice training described in 
section 103(e) of the Immigration and Nationality Act. The funds 
appropriated pursuant to this subsection are authorized to remain 
available until expended.

                                                    Title I, Subtitle C

                       Subtitle B--Pilot Programs

SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION OF INADMISSIBLE OR 
              DEPORTABLE ALIENS.

    (a) Establishment.--Not later than 120 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 2 
years which provides for methods to deter multiple unauthorized entries 
by aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple unlawful entries 
into the United States.
    (b) Report.--Not later than 30 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. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
              DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

    (a) Establishment.--The Attorney General and the Secretary of 
Defense shall establish one or more pilot programs for up to 2 years 
each to determine the feasibility of the use of military bases 
available because of actions under a base closure law as detention 
centers for the Immigration and Naturalization Service.
    (b) Report.--Not later than 30 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, and the 
Committees on Armed Services of the House of Representatives and of the 
Senate, on the feasibility of using military bases closed under a base 
closure law as detention centers by the Immigration and Naturalization 
Service.
    (c) Definition.--For purposes of this section, the term ``base 
closure law'' means each of the following:
            (1) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (2) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (3) Section 2687 of title 10, United States Code.
            (4) Any other similar law enacted after the date of the 
        enactment of this Act.

SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING PASSENGERS.

    (a) Establishment.--The Commissioner of the Immigration and 
Naturalization Service shall, within 180 days of the date of the 
enactment of this Act, establish a pilot program in which officers of 
the Service collect a record of departure for every alien departing the 
United States and match the records of departure with the record of the 
alien's arrival in the United States. The program shall be operated in 
as many air ports of entry as is deemed appropriate, but at no less 
than 3 of the 5 air ports of entry with the heaviest volume of incoming 
traffic from foreign territories.
    (b) Report.--
            (1) Deadline.--The Commissioner shall submit a report to 
        Congress not later than 2 years after the date the pilot 
        program is implemented under subsection (a).
            (2) Information.--The report shall include the following 
        information for each participating port of entry:
                    (A) The number of departure records collected, with 
                an accounting by country of nationality of the 
                departing alien.
                    (B) The number of departure records that were 
                successfully matched to records of the alien's prior 
                arrival in the United States, with an accounting by the 
                alien's country of nationality and by the alien's 
                classification as an immigrant or nonimmigrant.
                    (C) The number of aliens who arrived at the port of 
                entry as nonimmigrants classified under section 
                101(a)(15)(B) of the Immigration and Nationality Act, 
                or as a visitor under section 217 of the Immigration 
                and Nationality Act, for whom no matching departure 
                record has been obtained through the pilot program or 
                through other means, with an accounting by the alien's 
                country of nationality and date of arrival in the 
                United States.
                    (D) The estimated cost of establishing a national 
                system to verify the departure from the United States 
                of aliens admitted temporarily as nonimmigrants.
            (3) Recommendations.--The report also shall include 
        specific recommendations for implementation of the pilot 
        program on a permanent basis.
    (c) Use of Information on Visa Overstays.--Information on instances 
of visa overstay identified through the pilot program shall be 
integrated into appropriate data bases of the Immigration and 
Naturalization Service and the Department of State, including those 
used at ports of entry and at consular offices.

                    Subtitle C--Interior Enforcement

SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.

    Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the number of investigators and 
enforcement personnel of the Immigration and Naturalization Service who 
are deployed in the interior so that the number of such personnel is 
approximately equal to the number of personnel of the Service involved 
in enforcement at the border.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

                                                   Title II, Subtitle A

SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (n),
            (2) by redesignating paragraph (o) as paragraph (p), and
            (3) by inserting after paragraph (n) the following new 
        paragraph:
            ``(o)(1) a felony violation of section 1028 (relating to 
        production of false identification documentation), 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 passport), 
        section 1544 (relating to misuse of passport), section 1546 
        (relating to fraud or misuse of visas, permits, or other 
        documents) of this title; or
            ``(2) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the smuggling of 
        aliens); or''.

SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``section 1028 (relating to fraud and 
        related activity in connection with identification 
        documents),'' before ``section 1029'';
            (2) by inserting ``section 1542 (relating to false 
        statement in application and use of passport), section 1543 
        (relating to forgery or false use of passport), section 1544 
        (relating to misuse of passport), section 1546 (relating to 
        fraud and misuse of visas, permits, and other documents), 
        sections 1581-1588 (relating to peonage and slavery),'' after 
        ``section 1513 (relating to retaliating against a witness, 
        victim, or an informant),'';
            (3) by striking ``or'' before ``(E)''; and
            (4) by inserting before the period at the end the 
        following: ``, or (F) any act which is indictable under the 
        Immigration and Nationality Act, section 274 (relating to 
        bringing in and harboring certain aliens), section 277 
        (relating to aiding or assisting certain aliens to enter the 
        United States), or section 278 (relating to importation of 
        alien for immoral purpose)''.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is 
amended--
            (1) in subparagraph (B)(i), by inserting ``or in the case 
        of a violation of subparagraph (A)(ii), (iii), or (iv) in which 
        the offense was done for the purpose of commercial advantage or 
        private financial gain,'' after ``subparagraph (A)(i)'', and
            (2) by adding at the end the following new subparagraph:
    ``(C) Any person who engages in any conspiracy to commit, or aids 
or abets the commission of, any of the acts described in--
            ``(i) subparagraph (A)(i) shall be fined under title 18, 
        United States Code, imprisoned not more than 10 years, or both; 
        or
            ``(ii) clause (ii), (iii), or (iv) of subparagraph (A) 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 5 years, or both.''.
    (b) Smuggling of Aliens Who Will Commit Crimes.--Section 274(a)(2) 
(8 U.S.C. 1324(a)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``or'' at the end of clause (ii),
                    (B) by adding ``or'' at the end of clause (iii), 
                and
                    (C) by inserting after clause (iii) the following:
                            ``(iv) an offense committed with the intent 
                        or with reason to believe that the alien 
                        unlawfully brought into the United States will 
                        commit an offense against the United States or 
                        any State punishable by imprisonment for more 
                        than 1 year,''; and
            (2) by striking ``be fined'' and all that follows through 
        the period at the end and inserting the following: ``be fined 
        under title 18, United States Code, and shall be imprisoned not 
        less than 3 years or more than 10 years.''.
    (c) Applying Certain Penalties on a Per Alien Basis.--Section 
274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking ``for each 
transaction constituting a violation of this paragraph, regardless of 
the number of aliens involved'' and inserting ``for each alien in 
respect to whom a violation of this paragraph occurs''.

SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) In General.--The number of Assistant United States Attorneys 
that may be employed by the Department of Justice for the fiscal year 
1996 shall be increased by 25 above the number of Assistant United 
States Attorneys that could be employed as of September 30, 1994.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be specially trained to be 
used for the prosecution of persons who bring into the United States or 
harbor illegal aliens, fraud, and other criminal statutes involving 
illegal aliens.

SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

    (a) In General.--Title II is amended by adding at the end the 
following new section:

                  ``undercover investigation authority

    ``Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for the 
detection and prosecution of crimes against the United States--
            ``(1) sums appropriated for the Service may be used for 
        leasing space within the United States and the territories and 
        possessions of the United States without regard to the 
        following provisions of law:
                    ``(A) section 3679(a) of the Revised Statutes (31 
                U.S.C. 1341),
                    ``(B) section 3732(a) of the Revised Statutes (41 
                U.S.C. 11(a)),
                    ``(C) section 305 of the Act of June 30, 1949 (63 
                Stat. 396; 41 U.S.C. 255),
                    ``(D) the third undesignated paragraph under the 
                heading `Miscellaneous' of the Act of March 3, 1877 (19 
                Stat. 370; 40 U.S.C. 34),
                    ``(E) section 3648 of the Revised Statutes (31 
                U.S.C. 3324),
                    ``(F) section 3741 of the Revised Statutes (41 
                U.S.C. 22), and
                    ``(G) subsections (a) and (c) of section 304 of the 
                Federal Property and Administrative Services Act of 
                1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
            ``(2) sums appropriated for the Service may be used to 
        establish or to acquire proprietary corporations or business 
        entities as part of an undercover operation, and to operate 
        such corporations or business entities on a commercial basis, 
        without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
            ``(3) sums appropriated for the Service, and the proceeds 
        from the undercover operation, may be deposited in banks or 
        other financial institutions without regard to the provisions 
        of section 648 of title 18, United States Code, and of section 
        3639 of the Revised Statutes (31 U.S.C. 3302); and
            ``(4) the proceeds from the undercover operation may be 
        used to offset necessary and reasonable expenses incurred in 
        such operation without regard to the provisions of section 3617 
        of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised only upon 
written certification of the Commissioner, in consultation with the 
Deputy Attorney General, that any action authorized by paragraph (1), 
(2), (3), or (4) is necessary for the conduct of the undercover 
operation.
    ``(b) Disposition of Proceeds No Longer Required.--As soon as 
practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of subsection (a), 
are no longer necessary for the conduct of the operation, the proceeds 
or the balance of the proceeds remaining at the time shall be deposited 
into the Treasury of the United States as miscellaneous receipts.
    ``(c) Disposition of Certain Corporations and Business Entities.--
If a corporation or business entity established or acquired as part of 
an undercover operation under paragraph (2) of subsection (a) with a 
net value of over $50,000 is to be liquidated, sold, or otherwise 
disposed of, the Service, as much in advance as the Commissioner or 
Commissioner's designee determines practicable, shall report the 
circumstances to the Attorney General, the Director of the Office of 
Management and Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    ``(d) Financial Audits.--The Service shall conduct detailed 
financial audits of closed undercover operations on a quarterly basis 
and shall report the results of the audits in writing to the Deputy 
Attorney General.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 293 the following:

``Sec. 294.  Undercover investigation authority.''.

                Subtitle B--Deterrence of Document Fraud

                                                   Title II, Subtitle B

SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
              GOVERNMENT-ISSUED DOCUMENTS.

    (a) Fraud and Misuse of Government-Issued Identification 
Documents.--Section 1028(b)(1) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(1)'' and by striking ``five 
        years'' and inserting ``15 years'';
            (2) in paragraph (2), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(2)'' and by striking ``and'' 
        at the end;
            (3) by redesignating paragraph (3) as paragraph (5); and
            (4) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both, if the offense is committed to 
        facilitate a drug trafficking crime (as defined in section 
        929(a)(2) of this title);
            ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense is committed to 
        facilitate an act of international terrorism (as defined in 
        section 2331(1) of this title); or''.
    (b) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
            (1) not less than offense level 15 if the offense involved 
        100 or more documents;
            (2) not less than offense level 20 if the offense involved 
        1,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act; 
        and
            (3) not less than offense level 25 if the offense 
        involved--
                    (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                    (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                    (C) the provision of documents to persons involved 
                in racketeering enterprises (as such acts or activities 
                are defined in section 1952 of title 18, United States 
                Code).

SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, or''; and
            (3) by adding at the end the following:
            ``(5) in reckless disregard of the fact that the 
        information is false or does not relate to the applicant, to 
        prepare, to file, or to assist another in preparing or filing, 
        documents which are falsely made for the purpose of satisfying 
        a requirement of this Act.
For purposes of this section, the term `falsely made' includes, with 
respect to a document or application, the preparation or provision of 
the document or application with knowledge or in reckless disregard of 
the fact that such 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 material fact pertaining to the document 
or application.''.
    (b) Conforming Amendments for Civil Penalties.--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'' both places it appears and inserting ``each instance of a 
violation under subsection (a)''.
    (c) Effective Dates.--(1) The amendments made by subsection (a) 
shall apply to the preparation or filing of documents, and assistance 
in such preparation or filing, occurring on or after the date of the 
enactment of this Act.
    (2) The amendment made by subsection (b) shall apply to violations 
occurring on or after the date of the enactment of this Act.

SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS.

    (a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as amended by 
section 212(a), is further amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(6) to present before boarding a common carrier for the 
        purpose of coming to the United States a document which relates 
        to the alien's eligibility to enter the United States and to 
        fail to present such document to an immigration officer upon 
        arrival at a United States port of entry. The Attorney General 
        may, in his or her discretion, waive the penalties of this 
        section with respect to an alien who knowingly violates 
        paragraph (6) if the alien is granted asylum under section 208 
        or withholding of deportation under section 243(h).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to individuals who board a common carrier on or after 30 days 
after the date of the enactment of this Act.

SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
              PREPARER OF FALSE APPLICATION FOR ASYLUM AND 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) If a person is required by law or regulation to 
        disclose the fact that the person, on behalf of another person 
        and for a fee or other remuneration, has prepared or assisted 
        in preparing an application for asylum pursuant to section 208, 
        or the regulations promulgated thereunder and who knowingly and 
        willfully fails to disclose, conceals, or covers up such fact, 
        and the application was falsely made, the person shall--
                    ``(A) be imprisoned for not less than 2 nor more 
                than 5 years, fined in accordance with title 18, United 
                States Code, or both, and
                    ``(B) be prohibited from preparing or assisting in 
                preparing, regardless of whether for a fee or other 
                remuneration, any other such application for a period 
                of at least 5 years and not more than 15 years.
            ``(2) Whoever, having been convicted of a violation of 
        paragraph (1), knowingly and willfully prepares or assists in 
        preparing an application for asylum pursuant to section 208, or 
        the regulations promulgated thereunder, regardless of whether 
        for a fee or other remuneration, in violation of paragraph 
        (1)(B) shall be imprisoned for not less than 5 years or more 
        than 15 years, fined in accordance with title 18, United States 
        Code, or both, and prohibited from preparing or assisting in 
        preparing any other such application.''.

SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH 
              FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.

    The fourth paragraph of section 1546(a) of title 18, United States 
Code, is amended by striking ``containing any such false statement'' 
and inserting ``which contains any such false statement or which fails 
to contain any reasonable basis in law or fact''.

SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITIZENSHIP.

    Section 1015 of title 18, United States Code, is amended--
            (1) by striking the dash at the end of paragraph (d) and 
        inserting ``; or'', and
            (2) by inserting after paragraph (d) the following:
    ``(e) Whoever knowingly makes any false statement or claim that he 
is, or at any time has been, a citizen or national of the United 
States, with the intent to obtain on behalf of himself, or any other 
person, any Federal benefit or service, or to engage unlawfully in 
employment in the United States--''.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

                                                   Title II, Subtitle C

SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after paragraph (5) the 
        following new paragraph:
    ``(6) The court, in imposing sentence on a person convicted of a 
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544, 
or 1546 of this title, or a violation of, or conspiracy to violate, 
section 1028 of this title if committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to the United 
States any property, real or personal, which the person used, or 
intended to be used, in committing, or facilitating the commission of, 
the violation, and any property constituting, or derived from, or 
traceable to, any proceeds the person obtained, directly or indirectly, 
as a result of such violation.'', and
            (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' 
        after ``(a)(2)''.

SEC. 222. SUBPOENAS FOR BANK RECORDS.

    Section 986(a) of title 18, United States Code, is amended by 
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

SEC. 223. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the first 
day of the first month that begins more than 90 days after the date of 
the enactment of this Act.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

                                                  Title III, Subtitle A

SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.

    This subtitle amends the provisions of the Immigration and 
Nationality Act relating to procedures for inspection, exclusion, and 
deportation of aliens so as to provide for the following:
            (1) Expedited removal for undocumented aliens.--Aliens 
        arriving without valid documents are subject to an expedited 
        removal process, without an evidentiary hearing and subject to 
        strictly limited judicial review.
            (2) No reward for illegal entrants or visa overstayers.--No 
        alien will gain immigration benefits by entering illegally or 
        overstaying the period of authorized admission. Such aliens 
        will not be eligible for most discretionary immigration 
        benefits, such as suspension of removal and work authorization.
            (3) Stricter standards to assure detention of aliens.--
        There are more stringent standards for the release of aliens 
        (particularly aliens convicted of aggravated felonies) during 
        and after removal proceedings.
            (4) Simplified, single removal proceeding (in place of 
        separate exclusion and deportation proceedings).--The 
        procedures for exclusion and deportation are consolidated into 
        a simpler, single procedure for removal of inadmissible and 
        deportable aliens.
            (5) Streamlined judicial review.--Judicial review is 
        streamlined through removing a layer of review in exclusion 
        cases, shortening the time period to file for review, and 
        permitting the removal of inadmissible aliens pending the 
        review.
            (6) Increased penalties to assure removal and prevent 
        further reentry.--Aliens who are ordered removed are subject to 
        civil money penalties for failure to depart on time and if they 
        seek reentry they are subject to immediate removal under the 
        prior order.
            (7) Protection of applicants for asylum.--Throughout the 
        process, the procedures protect those aliens who present 
        credible claims for asylum by giving them an opportunity for a 
        full hearing on their claims.
            (8) Reorganization.--The provisions of the Act are 
        reorganized to provide a more logical progression from arrival 
        and inspection through proceedings and removal.

SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT 
              AUTHORIZATION AS NOT ADMITTED.

    (a) ``Admission'' Defined.--Paragraph (13) of section 101(a) (8 
U.S.C. 1101(a)) is amended to read as follows:
    ``(13)(A) The terms `admission' and `admitted' mean, with respect 
to an alien, the entry of the alien into the United States after 
inspection and authorization by an immigration officer.
    ``(B) An alien who is paroled under section 212(d)(5) or permitted 
to land temporarily as an alien crewman shall not be considered to have 
been admitted.
    ``(C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission into the 
United States for purposes of the immigration laws unless the alien--
            ``(i) has abandoned or relinquished that status,
            ``(ii) has engaged in illegal activity after having 
        departed the United States,
            ``(iii) has departed from the United States while under 
        legal process seeking removal of the alien from the United 
        States, including removal proceedings under this Act and 
        extradition proceedings, or
            ``(iv) has been convicted of an aggravated felony, unless 
        since such conviction the alien has been granted relief under 
        section 240A(a).''.
    (b) Inadmissibility of Aliens Present Without Admission or 
Parole.--Section 212(a) (8 U.S.C. 1182(a)) is further amended by 
redesignating paragraph (9) as paragraph (10) and by inserting after 
paragraph (8) the following new paragraph:
            ``(9) Present without admission or parole.--An alien 
        present in the United States without being admitted or paroled, 
        or who arrives in the United States at any time or place other 
        than as designated by the Attorney General, is inadmissible.''.
    (c) Revision to Ground of Inadmissibility for Illegal Entrants and 
Immigration Violators.--Subparagraphs (A) and (B) of section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) are amended to read as follows:
                    ``(A) Aliens previously removed.--
                            ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal is 
                        inadmissible, unless prior to the alien's 
                        reembarkation at a place outside the United 
                        States or attempt to be admitted from foreign 
                        contiguous territory the Attorney General has 
                        consented to the alien's reapplying for 
                        admission.
                            ``(ii) Other aliens.--Any alien not 
                        described in clause (i) who has been ordered 
                        removed under section 240 or any other 
                        provision of law and who again seeks admission 
                        within 10 years of the date of such removal (or 
                        within 20 years in the case of an alien 
                        convicted of an aggravated felony) is 
                        inadmissible, unless prior to the alien's 
                        reembarkation at a place outside the United 
                        States or attempt to be admitted from foreign 
                        contiguous territory the Attorney General has 
                        consented to the alien's reapplying for 
                        admission.
                    ``(B) Aliens present unlawfully for more than 1 
                year.--
                            ``(i) In general.--Any alien who was 
                        unlawfully present in the United States for an 
                        aggregate period totaling 1 year is 
                        inadmissible unless the alien has remained 
                        outside the United States for a period of 10 
                        years.
                            ``(ii) Exceptions.--
                                    ``(I) Minors.--No period of time in 
                                which an alien is under 21 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                            ``(iii) Extension.--The Attorney General 
                        may extend the period of 1 year under clause 
                        (i) to a period of 15 months in the case of an 
                        alien who applies to the Attorney General 
                        (before the alien has been present unlawfully 
                        in the United States for a period totaling 1 
                        year) and establishes to the satisfaction of 
                        the Attorney General that--
                                    ``(I) the alien is not inadmissible 
                                under clause (i) at the time of the 
                                application, and
                                    ``(II) the failure to extend such 
                                period would constitute an extreme 
                                hardship for the alien.''.
    (d) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C. 
1251) is amended--
            (1) in the matter before paragraph (1) of subsection (a), 
        by striking ``in the United States'' and inserting ``in and 
        admitted to the United States'';
            (2) in subsection (a)(1), by striking ``Excludable'' each 
        place it appears and inserting ``Inadmissible'';
            (3) in subsection (a)(1)(A), by striking ``excludable'' and 
        inserting ``inadmissible''; and
            (4) by amending subparagraph (B) of subsection (a)(1) to 
        read as follows:
                    ``(B) Present in violation of law.--Any alien who 
                is present in the United States in violation of this 
                Act or any other law of the United States is 
                deportable.''.

SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE 
              ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED SECTION 
              235).

    Section 235 (8 U.S.C. 1225) is amended to read as follows:

``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing

    ``Sec. 235. (a) Inspection.--
            ``(1) Aliens treated as applicants for admission.--An alien 
        present in the United States who has not been admitted or who 
        arrives in the United States (whether or not at a designated 
        port of arrival) shall be deemed for purposes of this Act an 
        applicant for admission.
            ``(2) Stowaways.--An arriving alien who is a stowaway is 
        not eligible to apply for admission or to be admitted and shall 
        be ordered removed upon inspection by an immigration officer.
            ``(3) Inspection.--All aliens (including alien crewmen) who 
        are applicants for admission or otherwise seeking admission or 
        readmission to or transit through the United States shall be 
        inspected by immigration officers.
            ``(4) Withdrawal of application for admission.--An alien 
        applying for admission may, in the discretion of the Attorney 
        General and at any time, be permitted to withdraw the 
        application for admission and depart immediately from the 
        United States.
            ``(5) Statements.--An applicant for admission may be 
        required to state under oath any information sought by an 
        immigration officer regarding the purposes and intentions of 
        the applicant in seeking admission to the United States, 
        including the applicant's intended length of stay and whether 
        the applicant intends to remain permanently or become a United 
        States citizen, and whether the applicant is inadmissible.
    ``(b) Inspection of Applicants for Admission.--
            ``(1) Inspection of aliens arriving in the united states.--
                    ``(A) Screening.--If the examining immigration 
                officer determines that an alien arriving in the United 
                States (whether or not at a port of entry) is 
                inadmissible under section 212(a)(6)(C) or 212(a)(7) 
                and--
                            ``(i) does not indicate either an intention 
                        to apply for asylum under section 208 or a fear 
                        of persecution, the officer shall order the 
                        alien removed from the United States without 
                        further hearing or review; or
                            ``(ii) indicates an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B).
                    ``(B) Asylum interviews.--
                            ``(i) Conduct by asylum officers.--An 
                        asylum officer shall promptly conduct 
                        interviews of aliens referred under 
                        subparagraph (A)(ii).
                            ``(ii) Referral of certain aliens.--If the 
                        officer determines at the time of the interview 
                        that an alien has a credible fear of 
                        persecution (within the meaning of clause (v)), 
                        the alien shall be detained for further 
                        consideration of the application for asylum.
                            ``(iii) Removal without further review if 
                        no credible fear of persecution.--
                                    ``(I) In general.--Subject to 
                                subclause (II), if the officer 
                                determines that an alien does not have 
                                a credible fear of persecution, the 
                                officer shall order the alien removed 
                                from the United States without further 
                                hearing or review.
                                    ``(II) Review of determination by 
                                supervisory officer.--The Attorney 
                                General shall promulgate regulations to 
                                provide for the immediate review by a 
                                supervisory asylum officer at the port 
                                of entry of a determination under 
                                subclause (I).
                            ``(iv) Information about interviews.--The 
                        Attorney General shall provide information 
                        concerning the asylum interview described in 
                        this subparagraph to aliens who may be 
                        eligible. An alien who is eligible for such 
                        interview may consult with a person or persons 
                        of the alien's choosing prior to the interview 
                        or any review thereof, according to regulations 
                        prescribed by the Attorney General. Such 
                        consultation shall be at no expense to the 
                        Government and shall not delay the process.
                            ``(v) Credible fear of persecution 
                        defined.--For purposes of this subparagraph, 
                        the term `credible fear of persecution' means 
                        (I) that it is more probable than not that the 
                        statements made by the alien in support of the 
                        alien's claim are true, and (II) that there is 
                        a significant possibility, in light of such 
                        statements and of such other facts as are known 
                        to the officer, that the alien could establish 
                        eligibility for asylum under section 208.
                    ``(C) Limitation on administrative review.--A 
                removal order entered in accordance with subparagraph 
                (A)(i) or (B)(iii)(I) is not subject to administrative 
                appeal, except that the Attorney General shall provide 
                by regulation for prompt review of such an order under 
                subparagraph (A)(i) against an alien who claims under 
                oath, or as permitted under penalty of perjury under 
                section 1746 of title 28, United States Code, after 
                having been warned of the penalties for falsely making 
                such claim under such conditions, to have been lawfully 
                admitted for permanent residence.
                    ``(D) Limit on collateral attacks.--In any action 
                brought against an alien under section 275(a) or 
                section 276, the court shall not have jurisdiction to 
                hear any claim attacking the validity of an order of 
                removal entered under subparagraph (A)(i) or 
                (B)(iii)(I).
                    ``(E) Asylum officer defined.--As used in this 
                paragraph, the term `asylum officer' means an 
                immigration officer who--
                            ``(i) has had professional training in 
                        country conditions, asylum law, and interview 
                        techniques, and
                            ``(ii) is supervised by an officer who 
                        meets the condition described in clause (i).
            ``(2) Inspection of other aliens.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of an alien who is an applicant for admission, 
                if the examining immigration officer determines that an 
                alien seeking admission is not clearly and beyond a 
                doubt entitled to be admitted, the alien shall be 
                detained for a hearing under section 240.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien--
                            ``(i) who is a crewman,
                            ``(ii) to whom paragraph (1) applies, or
                            ``(iii) who is a stowaway.
            ``(3) Challenge of decision.--The decision of the examining 
        immigration officer, if favorable to the admission of any 
        alien, shall be subject to challenge by any other immigration 
        officer and such challenge shall operate to take the alien 
        whose privilege to be admitted is so challenged, before an 
        immigration judge for a hearing under section 240.
    ``(c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
            ``(1) Removal without further hearing.--If an immigration 
        officer or an immigration judge suspects that an alien who has 
        not been admitted to the United States may be inadmissible 
        under subparagraph (A) (other than clause (ii)), (B), or (C) of 
        section 212(a)(3), the officer or judge shall--
                    ``(A) order the alien removed, subject to review 
                under paragraph (2);
                    ``(B) report the order of removal to the Attorney 
                General; and
                    ``(C) not conduct any further inquiry or hearing 
                until ordered by the Attorney General.
            ``(2) Review of order.--(A) The Attorney General shall 
        review orders issued under paragraph (1).
            ``(B) If the Attorney General--
                    ``(i) is satisfied on the basis of confidential 
                information that the alien is inadmissible under 
                subparagraph (A) (other than clause (ii)), (B), or (C) 
                of section 212(a)(3), and
                    ``(ii) after consulting with appropriate security 
                agencies of the United States Government, concludes 
                that disclosure of the information would be prejudicial 
                to the public interest, safety, or security,
        the Attorney General may order the alien removed without 
        further inquiry or hearing by an immigration judge.
            ``(C) If the Attorney General does not order the removal of 
        the alien under subparagraph (B), the Attorney General shall 
        specify the further inquiry or hearing that shall be conducted 
        in the case.
            ``(3) Submission of statement and information.--The alien 
        or the alien's representative may submit a written statement 
        and additional information for consideration by the Attorney 
        General.
    ``(d) Authority Relating to Inspections.--
            ``(1) Authority to search conveyances.--Immigration 
        officers are authorized to board and search any vessel, 
        aircraft, railway car, or other conveyance or vehicle in which 
        they believe aliens are being brought into the United States.
            ``(2) Authority to order detention and delivery of arriving 
        aliens.--Immigration officers are authorized to order an owner, 
        agent, master, commanding officer, person in charge, purser, or 
        consignee of a vessel or aircraft bringing an alien (except an 
        alien crewmember) to the United States--
                    ``(A) to detain the alien on the vessel or at the 
                airport of arrival, and
                    ``(B) to deliver the alien to an immigration 
                officer for inspection or to a medical officer for 
                examination.
            ``(3) Administration of oath and consideration of 
        evidence.--The Attorney General and any immigration officer 
        shall have power to administer oaths and to take and consider 
        evidence of or from any person touching the privilege of any 
        alien or person he believes or suspects to be an alien to 
        enter, reenter, transit through, or reside in the United States 
        or concerning any matter which is material and relevant to the 
        enforcement of this Act and the administration of the Service.
            ``(4) Subpoena authority.--(A) The Attorney General and any 
        immigration officer shall have power to require by subpoena the 
        attendance and testimony of witnesses before immigration 
        officers and the production of books, papers, and documents 
        relating to the privilege of any person to enter, reenter, 
        reside in, or pass through the United States or concerning any 
        matter which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to that end 
        may invoke the aid of any court of the United States.
            ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are being 
        conducted by an immigration officer may, in the event of 
        neglect or refusal to respond to a subpoena issued under this 
        paragraph or refusal to testify before an immigration officer, 
        issue an order requiring such persons to appear before an 
        immigration officer, produce books, papers, and documents if 
        demanded, and testify, and any failure to obey such order of 
        the court may be punished by the court as a contempt 
        thereof.''.

SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT LAWFULLY IN THE 
              UNITED STATES (REVISED SECTION 236).

    (a) In General.--Section 236 (8 U.S.C. 1226) is amended to read as 
follows:

   ``apprehension and detention of aliens not lawfully in the united 
                                 states

    ``Sec. 236. (a) Arrest, Detention, and Release.--On a warrant 
issued by the Attorney General, an alien may be arrested and detained 
pending a decision on whether the alien is to be removed from the 
United States. Except as provided in subsection (c) and pending such 
decision, the Attorney General--
            ``(1) may continue to detain the arrested alien; and
            ``(2) may release the alien on--
                    ``(A) bond of at least $1,500 with security 
                approved by, and containing conditions prescribed by, 
                the Attorney General; or
                    ``(B) conditional parole; but
            ``(3) may not provide the alien with work authorization 
        (including an `employment authorized' endorsement or other 
        appropriate work permit), unless the alien is lawfully admitted 
        for permanent residence or otherwise would (without regard to 
        removal proceedings) be provided such authorization.
    ``(b) Revocation of Bond or Parole.--The Attorney General at any 
time may revoke a bond or parole authorized under subsection (a), 
rearrest the alien under the original warrant, and detain the alien.
    ``(c) Aliens Convicted of Aggravated Felonies.--
            ``(1) Custody.--The Attorney General shall take into 
        custody any alien convicted of an aggravated felony when the 
        alien is released, without regard to whether the alien is 
        released on parole, supervised release, or probation, and 
        without regard to whether the alien may be arrested or 
        imprisoned again for the same offense.
            ``(2) Release.--The Attorney General may release the alien 
        only if--
                    ``(A) the alien was lawfully admitted to the United 
                States and satisfies the Attorney General that the 
                alien will not pose a danger to the safety of other 
                persons or of property and is likely to appear for any 
                scheduled proceeding;
                    ``(B) the alien was not lawfully admitted to the 
                United States, cannot be removed because the designated 
                country of removal will not accept the alien, and 
                satisfies the Attorney General that the alien will not 
                pose a danger to the safety of other persons or of 
                property and is likely to appear for any scheduled 
                proceeding; or
                    ``(C) the Attorney General decides pursuant to 
                section 3521 of title 18, United States Code, that 
                release of the alien from custody is necessary to 
                provide protection to a witness, a potential witness, a 
                person cooperating with an investigation into major 
                criminal activity, or an immediate family member or 
                close associate of a witness, potential witness, or 
                person cooperating with such an investigation.
        A decision relating to such release shall take place in 
        accordance with a procedure that considers the severity of the 
        offense committed by the alien.
    ``(d) Identification of Aliens Convicted of Aggravated Felonies.--
(1) The Attorney General shall devise and implement a system--
            ``(A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether individuals 
        arrested by such authorities for aggravated felonies are 
        aliens;
            ``(B) to designate and train officers and employees of the 
        Service to serve as a liaison to Federal, State, and local law 
        enforcement and correctional agencies and courts with respect 
        to the arrest, conviction, and release of any alien charged 
        with an aggravated felony; and
            ``(C) which uses computer resources to maintain a current 
        record of aliens who have been convicted of an aggravated 
        felony and who have been removed.
    ``(2) The record under paragraph (1)(C) shall be made available--
            ``(A) to inspectors at ports of entry and to border patrol 
        agents at sector headquarters for purposes of immediate 
        identification of any such previously removed alien seeking to 
        reenter the United States, and
            ``(B) to officials of the Department of State for use in 
        its automated visa lookout system.''.
    (b) 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 by fiscal year 1997.

SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT 
              OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW SECTIONS 
              239 TO 240C).

    (a) In General.--Chapter 4 of title II is amended--
            (1) by redesignating section 239 as section 234 and by 
        moving such section to immediately follow section 233;
            (2) by redesignating section 240 (8 U.S.C. 1230) as section 
        240C; and
            (3) by inserting after section 238 the following new 
        sections:

                  ``initiation of removal proceedings

    ``Sec. 239. (a) Notice to Appear.--
            ``(1) In general.--In removal proceedings under section 
        240, written notice (in this section referred to as a `notice 
        to appear') shall be given in person to the alien (or, if 
        personal service is not practicable, through service by mail to 
        the alien or to the alien's counsel of record, if any) 
        specifying the following:
                    ``(A) The nature of the proceedings against the 
                alien.
                    ``(B) The legal authority under which the 
                proceedings are conducted.
                    ``(C) The acts or conduct alleged to be in 
                violation of law.
                    ``(D) The charges against the alien and the 
                statutory provisions alleged to have been violated.
                    ``(E) The alien may be represented by counsel and 
                the alien will be provided (A) a period of time to 
                secure counsel under subsection (b)(1) and (B) a 
                current list of counsel prepared under subsection 
                (b)(2).
                    ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address and 
                telephone number (if any) at which the alien may be 
                contacted respecting proceedings under section 240.
                    ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's address or telephone 
                number.
                    ``(iii) The consequences under section 240(b)(5) of 
                failure to provide address and telephone information 
                pursuant to this subparagraph.
                    ``(G)(i) The time and place at which the 
                proceedings will be held.
                    ``(ii) The consequences under section 240(b)(5) of 
                the failure, except under exceptional circumstances, to 
                appear at such proceedings.
            ``(2) Notice of change in time or place of proceedings.--
                    ``(A) In general.--In removal proceedings under 
                section 240, in the case of any change or postponement 
                in the time and place of such proceedings, subject to 
                subparagraph (B) a written notice shall be given in 
                person to the alien (or, if personal service is not 
                practicable, through service by mail to the alien or to 
                the alien's counsel of record, if any) specifying--
                            ``(i) the new time or place of the 
                        proceedings, and
                            ``(ii) the consequences under section 
                        240(b)(5) of failing, except under exceptional 
                        circumstances, to attend such proceedings.
                    ``(B) Exception.--In the case of an alien not in 
                detention, a written notice shall not be required under 
                this paragraph if the alien has failed to provide the 
                address required under paragraph (1)(F).
            ``(3) Central address files.--The Attorney General shall 
        create a system to record and preserve on a timely basis 
        notices of addresses and telephone numbers (and changes) 
        provided under paragraph (1)(F).
    ``(b) Securing of Counsel.--
            ``(1) In general.--In order that an alien be permitted the 
        opportunity to secure counsel before the first hearing date in 
        proceedings under section 240, the hearing date shall not be 
        scheduled earlier than 10 days after the service of the notice 
        to appear, unless the alien requests in writing an earlier 
        hearing date.
            ``(2) Current lists of counsel.--The Attorney General shall 
        provide for lists (updated not less often than quarterly) of 
        persons who have indicated their availability to represent pro 
        bono aliens in proceedings under section 240. Such lists shall 
        be provided under subsection (a)(1)(E) and otherwise made 
        generally available.
    ``(c) Service by Mail.--Service by mail under this section shall be 
sufficient if there is proof of attempted delivery to the last address 
provided by the alien in accordance with subsection (a)(1)(F).
    ``(d) Prompt Initiation of Removal.--(1) In the case of an alien 
who is convicted of an offense which makes the alien deportable, the 
Attorney General shall begin any removal proceeding as expeditiously as 
possible after the date of the conviction.
    ``(2) Nothing in this subsection shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

                         ``removal proceedings

    ``Sec. 240. (a) Proceeding.--
            ``(1) In general.--An immigration judge shall conduct 
        proceedings for deciding the inadmissibility or deportability 
        of an alien.
            ``(2) Charges.--An alien placed in proceedings under this 
        section may be charged with any applicable ground of 
        inadmissibility under section 212(a) or any applicable ground 
        of deportability under section 237(a).
            ``(3) Exclusive procedures.--Unless otherwise specified in 
        this Act, a proceeding under this section shall be the sole and 
        exclusive procedure for determining whether an alien may be 
        admitted to the United States or, if the alien has been so 
        admitted, removed from the United States. Nothing in this 
        section shall affect proceedings conducted pursuant to section 
        238.
    ``(b) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge shall administer oaths, receive evidence, and 
        interrogate, examine, and cross-examine the alien and any 
        witnesses. The immigration judge may issue subpoenas for the 
        attendance of witnesses and presentation of evidence. The 
        immigration judge shall have authority (under regulations 
        prescribed by the Attorney General) to sanction by civil money 
        penalty any action (or inaction) in contempt of the judge's 
        proper exercise of authority under this Act.
            ``(2) Form of proceeding.--
                    ``(A) In general.--The proceeding may take place--
                            ``(i) in person,
                            ``(ii) through video conference, or
                            ``(iii) subject to subparagraph (B), 
                        through telephone conference.
                    ``(B) Consent required in certain cases.--An 
                evidentiary hearing on the merits may only be conducted 
                through a telephone conference with the consent of the 
                alien involved after the alien has been advised of the 
                right to proceed in person or through video conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of an alien's mental incompetency for the alien to be present 
        at the proceeding, the Attorney General shall prescribe 
        safeguards to protect the rights and privileges of the alien.
            ``(4) Aliens rights in proceeding.--In proceedings under 
        this section, under regulations of the Attorney General--
                    ``(A) the alien shall have the privilege of being 
                represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings,
                    ``(B) the alien shall have a reasonable opportunity 
                to examine the evidence against the alien, to present 
                evidence on the alien's own behalf, and to cross-
                examine witnesses presented by the Government, and
                    ``(C) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Consequences of failure to appear.--
                    ``(A) In general.--Any alien who, after written 
                notice required under paragraph (1) or (2) of section 
                239(a) has been provided to the alien or the alien's 
                counsel of record, does not attend a proceeding under 
                this section, shall be ordered removed in absentia if 
                the Service establishes by clear, unequivocal, and 
                convincing evidence that the written notice was so 
                provided and that the alien is removable (as defined in 
                subsection (e)(2)). The written notice by the Attorney 
                General shall be considered sufficient for purposes of 
                this subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                    ``(B) No notice if failure to provide address 
                information.--No written notice shall be required under 
                subparagraph (A) if the alien has failed to provide the 
                address required under section 239(a)(1)(F).
                    ``(C) Rescission of order.--Such an order may be 
                rescinded only--
                            ``(i) upon a motion to reopen filed within 
                        180 days after the date of the order of removal 
                        if the alien demonstrates that the failure to 
                        appear was because of exceptional circumstances 
                        (as defined in subsection (e)(1)), or
                            ``(ii) upon a motion to reopen filed at any 
                        time if the alien demonstrates that the alien 
                        did not receive notice in accordance with 
                        paragraph (1) or (2) of section 239(a) or the 
                        alien demonstrates that the alien was in 
                        Federal or State custody and did not appear 
                        through no fault of the alien.
                The filing of the motion to reopen described in clause 
                (i) or (ii) shall stay the removal of the alien pending 
                disposition of the motion.
                    ``(D) Effect on judicial review.--Any petition for 
                review under section 242 of an order entered in 
                absentia under this paragraph shall (except in cases 
                described in section 242(b)(5)) be confined to (i) the 
                validity of the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the proceeding, 
                and (iii) whether or not the alien is removable.
            ``(6) Treatment of frivolous behavior.--The Attorney 
        General shall, by regulation--
                    ``(A) define in a proceeding before an immigration 
                judge or before an appellate administrative body under 
                this title, frivolous behavior for which attorneys may 
                be sanctioned,
                    ``(B) specify the circumstances under which an 
                administrative appeal of a decision or ruling will be 
                considered frivolous and will be summarily dismissed, 
                and
                    ``(C) impose appropriate sanctions (which may 
                include suspension and disbarment) in the case of 
                frivolous behavior.
        Nothing in this paragraph shall be construed as limiting the 
        authority of the Attorney General to take actions with respect 
        to inappropriate behavior.
            ``(7) Limitation on discretionary relief for failure to 
        appear.--Any alien against whom a final order of removal is 
        entered in absentia under this subsection and who, at the time 
        of the notice described in paragraph (1) or (2) of section 
        239(a), was provided oral notice, either in the alien's native 
        language or in another language the alien understands, of the 
        time and place of the proceedings and of the consequences under 
        this paragraph of failing, other than because of exceptional 
        circumstances (as defined in subsection (e)(1)) to attend a 
        proceeding under this section, shall not be eligible for relief 
        under section 240A, 240B, 245, 248, or 249 for a period of 10 
        years after the date of the entry of the final order of 
        removal.
    ``(c) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide whether 
                an alien is removable from the United States. The 
                determination of the immigration judge shall be based 
                only on the evidence produced at the hearing.
                    ``(B) Certain medical decisions.--If a medical 
                officer or civil surgeon or board of medical officers 
                has certified under section 232(b) that an alien has a 
                disease, illness, or addiction which would make the 
                alien inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge shall be 
                based solely upon such certification.
            ``(2) Burden on alien.--In the proceeding the alien has the 
        burden of establishing--
                    ``(A) if the alien is an applicant for admission, 
                that the alien is clearly and beyond doubt entitled to 
                be admitted and is not inadmissible under section 212; 
                or
                    ``(B) by clear and convincing evidence, that the 
                alien is lawfully present in the United States pursuant 
                to a prior admission.
        In meeting the burden of proof under subparagraph (B), the 
        alien shall have access to the alien's visa or other entry 
        document, if any, and any other records and documents, not 
        considered by the Attorney General to be confidential, 
        pertaining to the alien's admission or presence in the United 
        States.
            ``(3) Burden on service in cases of deportable aliens.--In 
        the proceeding the Service has the burden of establishing by 
        clear and convincing evidence that, in the case of an alien who 
        has been admitted to the United States, the alien is 
        deportable. No decision on deportability shall be valid unless 
        it is based upon reasonable, substantial, and probative 
        evidence.
            ``(4) Notice.--If the immigration judge decides that the 
        alien is removable and orders the alien to be removed, the 
        judge shall inform the alien of the right to appeal that 
        decision and of the consequences for failure to depart under 
        the order of removal, including civil and criminal penalties.
            ``(5) Motions to reconsider.--
                    ``(A) In general.--The alien may file one motion to 
                reconsider a decision that the alien is removable from 
                the United States.
                    ``(B) Deadline.--The motion must be filed within 30 
                days of the date of entry of a final administrative 
                order of removal.
                    ``(C) Contents.--The motion shall specify the 
                errors of law or fact in the previous order and shall 
                be supported by pertinent authority.
            ``(6) Motions to reopen.--
                    ``(A) In general.--An alien may file one motion to 
                reopen proceedings under this section.
                    ``(B) Contents.--The motion to reopen shall state 
                the new facts that will be proven at a hearing to be 
                held if the motion is granted, and shall be supported 
                by affidavits or other evidentiary material.
                    ``(C) Deadline.--
                            ``(i) In general.--Except as provided in 
                        this subparagraph, the motion to reopen shall 
                        be filed within 90 days of the date of entry of 
                        a final administrative order of removal.
                            ``(ii) Asylum.--There is no time limit on 
                        the filing of a motion to reopen if the basis 
                        of the motion is to apply for relief under 
                        sections 208 or 241(b)(3) and is based on 
                        changed country conditions arising in the 
                        country of nationality or the country to which 
                        removal has been ordered, if such evidence is 
                        material and was not available and would not 
                        have been discovered or presented at the 
                        previous proceeding.
                            ``(iii) Failure to appear.--A motion to 
                        reopen may be filed within 180 days after the 
                        date of the final order of removal if the order 
                        has been entered pursuant to subsection (b)(5) 
                        due to the alien's failure to appear for 
                        proceedings under this section and the alien 
                        establishes that the alien's failure to appear 
                        was because of exceptional circumstances beyond 
                        the control of the alien or because the alien 
                        did not receive the notice required under 
                        section 239(a)(2).
    ``(d) Stipulated Removal.--The Attorney General shall provide by 
regulation for the entry by an immigration judge of an order of removal 
stipulated to by the alien (or the alien's representative) and the 
Service. A stipulated order shall constitute a conclusive determination 
of the alien's removability from the United States.
    ``(e) Definitions.--In this section and section 240A:
            ``(1) Exceptional circumstances.--The term `exceptional 
        circumstances' refers to exceptional circumstances (such as 
        serious illness of the alien or serious illness or death of the 
        spouse, child, or parent of the alien, but not including less 
        compelling circumstances) beyond the control of the alien.
            ``(2) Removable.--The term `removable' means--
                    ``(A) in the case of an alien not admitted to the 
                United States, that the alien is inadmissible under 
                section 212, or
                    ``(B) in the case of an alien admitted to the 
                United States, that the alien is deportable under 
                section 237.

            ``cancellation of removal; adjustment of status

    ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--The Attorney General may cancel removal in the case of an 
alien who is inadmissible or deportable from the United States if the 
alien--
            ``(1) has been an alien lawfully admitted for permanent 
        residence for not less than 5 years,
            ``(2) has resided in the United States continuously for 7 
        years after having been admitted in any status, and
            ``(3) has not been convicted of an aggravated felony or 
        felonies for which the alien has been sentenced, in the 
        aggregate, to a term of imprisonment of at least 5 years.
    ``(b) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien is deportable from the United States if 
        the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of not less than 7 years 
                since being admitted to the United States;
                    ``(B) has been a person of good moral character 
                during such period;
                    ``(C) has not been convicted of an aggravated 
                felony; and
                    ``(D) establishes that removal would result in 
                extreme hardship to the alien or to the alien's spouse, 
                parent, or child, who is a citizen of the United States 
                or an alien lawfully admitted for permanent residence.
            ``(2) Special rule for battered spouse or child.--The 
        Attorney General may cancel removal in the case of an alien who 
        is inadmissible or deportable from the United States if the 
        alien--
                    ``(A) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or parent who 
                is a United States citizen or lawful permanent resident 
                (or is the parent of a child of a United States citizen 
                or lawful permanent resident and the child has been 
                battered or subjected to extreme cruelty in the United 
                States by such citizen or permanent resident parent);
                    ``(B) has been physically present in the United 
                States for a continuous period of not less than 3 years 
                immediately preceding the date of such application;
                    ``(C) has been a person of good moral character 
                during such period;
                    ``(D) is not inadmissible under paragraph (2) or 
                (3) of section 212(a), is not deportable under 
                paragraph (1)(G) or (2) through (4) of section 237, and 
                has not been convicted of an aggravated felony; and
                    ``(E) establishes that removal would result in 
                extreme hardship to the alien, the alien's child, or 
                (in the case of an alien who is a child) to the alien's 
                parent.
        In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General.
            ``(3) Adjustment of status.--The Attorney General may 
        adjust to the status of an alien lawfully admitted for 
        permanent residence any alien who the Attorney General 
        determines meets the requirements of paragraph (1) or (2). The 
        Attorney General shall record the alien's lawful admission for 
        permanent residence as of the date the Attorney General's 
        cancellation of removal under paragraph (1) or (2) or 
        determination under this paragraph.
    ``(c) Aliens Ineligible for Relief.--The provisions of subsections 
(a) and (b)(1) shall not apply to any of the following aliens:
            ``(1) An alien who entered the United States as a crewman 
        subsequent to June 30, 1964.
            ``(2) An alien who was admitted to the United States as a 
        visitor for business or pleasure under section 101(a)(15)(B) or 
        as a student under section 101(a)(15)(F) or 101(a)(15)(M), 
        unless the alien has adjusted status to that of an alien 
        lawfully admitted for permanent residence.
            ``(3) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order to 
        receive graduate medical education or training, regardless of 
        whether or not the alien is subject to or has fulfilled the 
        two-year foreign residence requirement of section 212(e).
            ``(4) An alien who--
                    ``(i) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in section 
                101(a)(15)(J) or has acquired the status of such a 
                nonimmigrant exchange alien after admission other than 
                to receive graduate medical education or training,
                    ``(ii) is subject to the two-year foreign residence 
                requirement of section 212(e), and
                    ``(iii) has not fulfilled that requirement or 
                received a waiver thereof.
            ``(5) An alien who is inadmissible under section 212(a)(3) 
        or deportable under subparagraph (B) or (D) of section 
        237(a)(4).
    ``(d) Special Rules Relating to Continuous Residence or Physical 
Presence.--
            ``(1) Termination of continuous period.--For purposes of 
        this section, any period of continuous residence or continuous 
        physical presence in the United States shall be deemed to end 
        when the alien is served a notice to appear under section 
        239(a).
            ``(2) Treatment of certain breaks in presence.--An alien 
        shall be considered to have failed to maintain continuous 
        physical presence in the United States under subsections (b)(1) 
        and (b)(2) if the alien has departed from the United States for 
        any continuous period exceeding 90 days or for any periods in 
        the aggregate exceeding 180 days.
            ``(3) Continuity not required because of honorable service 
        in armed forces and presence upon entry into service.--The 
        requirements of continuous residence or continuous physical 
        presence in the United States under subsections (a) and (b) 
        shall not apply to an alien who--
                    ``(A) has served for a minimum period of 24 months 
                in an active-duty status in the Armed Forces of the 
                United States and, if separated from such service, was 
                separated under honorable conditions, and
                    ``(B) at the time of the alien's enlistment or 
                induction was in the United States.

                         ``voluntary departure

    ``Sec. 240B. (a) Certain Conditions.--
            ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense under this subsection, in lieu of being subject to 
        proceedings under section 240 or prior to the completion of 
        such proceedings, if the alien is not deportable under section 
        237(a)(2)(A)(iii) or section 237(a)(4)(B).
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 120 days.
            ``(3) Bond.--The Attorney General may require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, to be surrendered upon proof that the 
        alien has departed the United States within the time specified.
            ``(4) Treatment of aliens arriving in the united states.--
        In the case of an alien who is arriving in the United States 
        and with respect to whom proceedings under section 240 are (or 
        would otherwise be) initiated at the time of such alien's 
        arrival, paragraph (1) shall not apply. Nothing in this 
        paragraph shall be construed as preventing such an alien from 
        withdrawing the application for admission in accordance with 
        section 235(a)(4).
    ``(b) At Conclusion of Proceedings.--
            ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense if, at the conclusion of a proceeding under section 
        240, the immigration judge enters an order granting voluntary 
        departure in lieu of removal and finds that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under section 
                237(a)(2)(A)(iii) or section 237(a)(4); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 60 days.
            ``(3) Bond.--An alien permitted to depart voluntarily under 
        this subsection shall be required to post a voluntary departure 
        bond, in an amount necessary to ensure that the alien will 
        depart, to be surrendered upon proof that the alien has 
        departed the United States within the time specified.
    ``(c) Aliens Not Eligible.--The Attorney General shall not permit 
an alien to depart voluntarily under this section if the alien was 
previously permitted to so depart after having been found inadmissible 
under section 212(a)(9).
    ``(d) Civil Penalty for Failure to Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249.
    ``(e) Additional Conditions.--The Attorney General may by 
regulation limit eligibility for voluntary departure under this section 
for any class or classes of aliens.
    ``(f) Appeals of Denials.--An alien may appeal from denial of a 
request for an order of voluntary departure under subsection (b) in 
accordance with the procedures in section 242. Notwithstanding the 
pendency of such appeal, the alien shall be removable from the United 
States 60 days after entry of the order of removal. The alien's removal 
from the United States shall not moot the appeal.''.
    (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 1182(c)) is 
repealed.

SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 
              241).

    (a) In General.--Title II is further amended--
            (1) by striking section 237 (8 U.S.C. 1227),
            (2) by redesignating section 241 as section 237 and by 
        moving such section to immediately follow section 236, and
            (3) by inserting after section 240C (as redesignated by 
        section 304(a)(2)) the following new section:

           ``detention and removal of aliens ordered removed

    ``Sec. 241. (a) Detention, Release, and Removal of Aliens Ordered 
Removed.--
            ``(1) Removal period.--
                    ``(A) In general.--Except as otherwise provided in 
                this section, when an alien is ordered removed, the 
                Attorney General shall remove the alien from the United 
                States within a period of 90 days (in this section 
                referred to as the `removal period').
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the removal order is judicially 
                        reviewed and such review serves to stay the 
                        removal of the alien, the date of the court's 
                        final order.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process), 
                        the date the alien is released from detention 
                        or confinement.
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien willfully fails or refuses to make 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure or 
                conspires or acts to prevent the alien's removal 
                subject to an order of removal.
            ``(2) Detention and release by the attorney general.--
        During the removal period, the Attorney General shall detain 
        the alien. If there is insufficient detention space to detain 
        the alien, the Attorney General shall make a specific finding 
        to this effect and may release the alien on a bond containing 
        such conditions as the Attorney General may prescribe.
            ``(3) Supervision after 90-day period.--If the alien does 
        not leave or is not removed within the removal period, the 
        alien, pending removal, shall be subject to supervision under 
        regulations prescribed by the Attorney General. The regulations 
        shall include provisions requiring the alien--
                    ``(A) to appear before an immigration officer 
                periodically for identification;
                    ``(B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the United 
                States Government;
                    ``(C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other information the 
                Attorney General considers appropriate; and
                    ``(D) to obey reasonable written restrictions on 
                the alien's conduct or activities that the Attorney 
                General prescribes for the alien.
            ``(4) Aliens imprisoned, arrested, or on parole, supervised 
        release, or probation.--Except as provided in section 343(a) of 
        the Public Health Service Act (42 U.S.C. 259(a)), the Attorney 
        General may not remove an alien who is sentenced to 
        imprisonment until the alien is released from imprisonment. 
        Parole, supervised release, probation, or possibility of arrest 
        or further imprisonment is not a reason to defer removal.
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds that an 
        alien has reentered the United States illegally after having 
        been removed or having departed voluntarily, under an order of 
        removal, the prior order of removal is reinstated from its 
        original date and is not subject to being reopened or reviewed, 
        and the alien shall be removed under the prior order at any 
        time after the reentry.
            ``(6) Inadmissible aliens.--An alien ordered removed who is 
        inadmissible under section 212 may be detained beyond the 
        removal period and, if released, shall be subject to the terms 
        of supervision in paragraph (3).
            ``(7) Employment authorization.--No alien ordered removed 
        shall be eligible to receive authorization to be employed in 
        the United States unless the Attorney General makes a specific 
        finding that--
                    ``(A) the alien cannot be removed due to the 
                refusal of all countries designated by the alien or 
                under this section to receive the alien, or
                    ``(B) the removal of the alien is otherwise 
                impracticable or contrary to the public interest.
    ``(b) Countries to Which Aliens May Be Removed.--
            ``(1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                    ``(A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives at the 
                United States and with respect to whom proceedings 
                under section 240 were initiated at the time of such 
                alien's arrival shall be removed to the country in 
                which the alien boarded the vessel or aircraft on which 
                the alien arrived in the United States.
                    ``(B) Travel from contiguous territory.--If the 
                alien boarded the vessel or aircraft on which the alien 
                arrived in the United States in a foreign territory 
                contiguous to the United States, an island adjacent to 
                the United States, or an island adjacent to a foreign 
                territory contiguous to the United States, and the 
                alien is not a native, citizen, subject, or national 
                of, or does not reside in, the territory or island, 
                removal shall be to the country in which the alien 
                boarded the vessel that transported the alien to the 
                territory or island.
                    ``(C) Alternative countries.--If the government of 
                the country designated in subparagraph (A) or (B) is 
                unwilling to accept the alien into that country's 
                territory, removal shall be to any of the following 
                countries, as directed by the Attorney General:
                            ``(i) The country of which the alien is a 
                        citizen, subject, or national.
                            ``(ii) The country in which the alien was 
                        born.
                            ``(iii) The country in which the alien has 
                        a residence.
                            ``(iv) A country with a government that 
                        will accept the alien into the country's 
                        territory if removal to each country described 
                        in a previous clause of this subparagraph is 
                        impracticable, inadvisable, or impossible.
            ``(2) Other aliens.--Subject to paragraph (3)--
                    ``(A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                            ``(i) any alien not described in paragraph 
                        (1) who has been ordered removed may designate 
                        one country to which the alien wants to be 
                        removed, and
                            ``(ii) the Attorney General shall remove 
                        the alien to the country the alien so 
                        designates.
                    ``(B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign territory 
                contiguous to the United States, an adjacent island, or 
                an island adjacent to a foreign territory contiguous to 
                the United States as the place to which the alien is to 
                be removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, that 
                designated territory or island.
                    ``(C) Disregarding designation.--The Attorney 
                General may disregard a designation under subparagraph 
                (A)(i) if--
                            ``(i) the alien fails to designate a 
                        country promptly;
                            ``(ii) the government of the country does 
                        not inform the Attorney General finally, within 
                        1 month after the date the Attorney General 
                        first inquires, whether the government will 
                        accept the alien into the country;
                            ``(iii) the government of the country is 
                        not willing to accept the alien into the 
                        country; or
                            ``(iv) the Attorney General decides that 
                        removing the alien to the country is 
                        prejudicial to the United States.
                    ``(D) Alternative country.--If an alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Attorney General shall remove the alien to 
                a country of which the alien is a subject, national, or 
                citizen unless the government of the country--
                            ``(i) does not inform the Attorney General 
                        or the alien finally, within 1 month after the 
                        date the Attorney General first inquires or 
                        within another period of time the Attorney 
                        General decides is reasonable, whether the 
                        government will accept the alien into the 
                        country; or
                            ``(ii) is not willing to accept the alien 
                        into the country.
                    ``(E) Additional removal countries.--If an alien is 
                not removed to a country under the previous 
                subparagraphs of this paragraph, the Attorney General 
                shall remove the alien to any of the following 
                countries:
                            ``(i) The country from which the alien was 
                        admitted to the United States.
                            ``(ii) The country in which is located the 
                        foreign port from which the alien left for the 
                        United States or for a foreign territory 
                        contiguous to the United States.
                            ``(iii) A country in which the alien 
                        resided before the alien entered the country 
                        from which the alien entered the United States.
                            ``(iv) The country in which the alien was 
                        born.
                            ``(v) The country that had sovereignty over 
                        the alien's birthplace when the alien was born.
                            ``(vi) The country in which the alien's 
                        birthplace is located when the alien is ordered 
                        removed.
                            ``(vii) If impracticable, inadvisable, or 
                        impossible to remove the alien to each country 
                        described in a previous clause of this 
                        subparagraph, another country whose government 
                        will accept the alien into that country.
                    ``(F) Removal country when united states is at 
                war.--When the United States is at war and the Attorney 
                General decides that it is impracticable, inadvisable, 
                inconvenient, or impossible to remove an alien under 
                this subsection because of the war, the Attorney 
                General may remove the alien--
                            ``(i) to the country that is host to a 
                        government in exile of the country of which the 
                        alien is a citizen or subject if the government 
                        of the host country will permit the alien's 
                        entry; or
                            ``(ii) if the recognized government of the 
                        country of which the alien is a citizen or 
                        subject is not in exile, to a country, or a 
                        political or territorial subdivision of a 
                        country, that is very near the country of which 
                        the alien is a citizen or subject, or, with the 
                        consent of the government of the country of 
                        which the alien is a citizen or subject, to 
                        another country.
    ``(c) Removal of Aliens Arriving at Port of Entry.--
            ``(1) Vessels and aircraft.--An alien arriving at a port of 
        entry of the United States who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft on which 
        the alien arrived in the United States, unless--
                    ``(A) it is impracticable to remove the alien on 
                one of those vessels or aircraft within a reasonable 
                time, or
                    ``(B) the alien is a stowaway--
                            ``(i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                            ``(ii) who has requested asylum, and
                            ``(iii) whose application has not been 
                        adjudicated or whose asylum application has 
                        been denied but who has not exhausted all 
                        appeal rights.
            ``(2) Stay of removal.--
                    ``(A) In general.--The Attorney General may stay 
                the removal of an alien under this subsection if the 
                Attorney General decides that--
                            ``(i) immediate removal is not practicable 
                        or proper; or
                            ``(ii) the alien is needed to testify in 
                        the prosecution of a person for a violation of 
                        a law of the United States or of any State.
                    ``(B) Payment of detention costs.--During the 
                period an alien is detained because of a stay of 
                removal under subparagraph (A)(ii), the Attorney 
                General may pay from the appropriation `Immigration and 
                Naturalization Service--Salaries and Expenses'--
                            ``(i) the cost of maintenance of the alien; 
                        and
                            ``(ii) a witness fee of $1 a day.
                    ``(C) Release during stay.--The Attorney General 
                may release an alien whose removal is stayed under 
                subparagraph (A)(ii) on--
                            ``(i) the alien's filing a bond of at least 
                        $500 with security approved by the Attorney 
                        General;
                            ``(ii) condition that the alien appear when 
                        required as a witness and for removal; and
                            ``(iii) other conditions the Attorney 
                        General may prescribe.
            ``(3) Costs of detention and maintenance pending removal.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and paragraph (4), an owner of a 
                vessel or aircraft bringing an alien to the United 
                States shall pay the costs of detaining and maintaining 
                the alien--
                            ``(i) while the alien is detained under 
                        subsection (d)(1), and
                            ``(ii) in the case of an alien who is a 
                        stowaway, while the alien is being detained 
                        pursuant to subsection (d)(2)(A) or 
                        (d)(2)(B)(ii).
                    ``(B) Nonapplication.--Subparagraph (A) shall not 
                apply if--
                            ``(i) the alien is a crewmember;
                            ``(ii) the alien has an immigrant visa;
                            ``(iii) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States and applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                            ``(iv) the alien has a reentry permit and 
                        applies for admission not later than 120 days 
                        after the date of the alien's last inspection 
                        and admission;
                            ``(v)(I) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States or a reentry permit;
                            ``(II) the alien applies for admission more 
                        than 120 days after the date the visa or 
                        documentation was issued or after the date of 
                        the last inspection and admission under the 
                        reentry permit; and
                            ``(III) the owner of the vessel or aircraft 
                        satisfies the Attorney General that the 
                        existence of the condition relating to 
                        inadmissibility could not have been discovered 
                        by exercising reasonable care before the alien 
                        boarded the vessel or aircraft; or
                            ``(vi) the individual claims to be a 
                        national of the United States and has a United 
                        States passport.
     ``(d) Requirements of Persons Providing Transportation.--
            ``(1) Removal at time of arrival.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel or aircraft bringing an alien (except an alien 
        crewmember) to the United States shall--
                    ``(A) receive an alien back on the vessel or 
                aircraft or another vessel or aircraft owned or 
                operated by the same interests if the alien is ordered 
                removed under this part; and
                    ``(B) take the alien to the foreign country to 
                which the alien is ordered removed.
            ``(2) Alien stowaways.--An owner, agent, master, commanding 
        officer, charterer, or consignee of a vessel or aircraft 
        arriving in the United States with an alien stowaway--
                    ``(A) shall detain the alien on board the vessel or 
                aircraft;
                    ``(B) may not permit the stowaway to land in the 
                United States, except pursuant to regulations of the 
                Attorney General temporarily--
                            ``(i) for medical treatment,
                            ``(ii) for detention of the stowaway by the 
                        Attorney General, or
                            ``(iii) for departure or removal of the 
                        stowaway; and
                    ``(C) if ordered by an immigration officer, shall 
                remove the stowaway on the vessel or aircraft or on 
                another vessel or aircraft.
            ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel, aircraft, or other transportation line shall comply 
        with an order of the Attorney General to take on board, guard 
        safely, and transport to the destination specified any alien 
        ordered to be removed under this Act.
    ``(e) Payment of Expenses of Removal.--
            ``(1) Costs of removal at time of arrival.--In the case of 
        an alien who is a stowaway or who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal is on a 
        vessel or aircraft not owned by the owner of the vessel or 
        aircraft on which the alien arrived in the United States, the 
        Attorney General may--
                    ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and
                    ``(B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of the 
                vessel or aircraft (if any) on which the alien arrived 
                in the United States.
            ``(2) Costs of removal to port of removal for aliens 
        admitted or permitted to land.--In the case of an alien who has 
        been admitted or permitted to land and is ordered removed, the 
        cost (if any) of removal of the alien to the port of removal 
        shall be at the expense of the appropriation for the 
        enforcement of this Act.
            ``(3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                    ``(A) Through appropriation.--Except as provided in 
                subparagraph (B), in the case of an alien who has been 
                admitted or permitted to land and is ordered removed, 
                the cost (if any) of removal of the alien from the port 
                of removal shall be at the expense of the appropriation 
                for the enforcement of this Act.
                    ``(B) Through owner.--
                            ``(i) In general.--In the case of an alien 
                        described in clause (ii), the cost of removal 
                        of the alien from the port of removal may be 
                        charged to any owner of the vessel, aircraft, 
                        or other transportation line by which the alien 
                        came to the United States.
                            ``(ii) Aliens described.--An alien 
                        described in this clause is an alien who--
                                    ``(I) is admitted to the United 
                                States (other than lawfully admitted 
                                for permanent residence) and is ordered 
                                removed within 5 years of the date of 
                                admission based on a ground that 
                                existed before or at the time of 
                                admission, or
                                    ``(II) is an alien crewman 
                                permitted to land temporarily under 
                                section 252 and is ordered removed 
                                within 5 years of the date of landing.
                    ``(C) Costs of removal of certain aliens granted 
                voluntary departure.--In the case of an alien who has 
                been granted voluntary departure under section 240B and 
                who is financially unable to depart at the alien's own 
                expense and whose removal the Attorney General deems to 
                be in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
    ``(f) Aliens Requiring Personal Care During Removal.--
            ``(1) In general.--If the Attorney General believes that an 
        alien being removed requires personal care because of the 
        alien's mental or physical condition, the Attorney General may 
        employ a suitable person for that purpose who shall accompany 
        and care for the alien until the alien arrives at the final 
        destination.
            ``(2) Costs.--The costs of providing the service described 
        in paragraph (1) shall be defrayed in the same manner as the 
        expense of removing the accompanied alien is defrayed under 
        this section.
    ``(g) Places of Detention.--The Attorney General shall arrange for 
appropriate places of detention for aliens detained pending removal or 
a decision on removal. When United States Government facilities are 
unavailable or facilities adapted or suitably located for detention are 
unavailable for rental, the Attorney General may expend from the 
appropriation `Immigration and Naturalization Service--Salaries and 
Expenses', without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5), amounts necessary to acquire land and to acquire, build, 
remodel, repair, and operate facilities (including living quarters for 
immigration officers if not otherwise available) necessary for 
detention.''.
    (b) Modification of Authority.--
            (1) Section 241(h), as redesignated by section 306(a)(1) of 
        this Act, is amended--
                    (A) in paragraph (3)(A), by inserting ``or two or 
                more misdemeanors'' after ``a felony'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) In this subsection, the term `incarceration' includes 
        imprisonment in a State or local prison or jail the time of 
        which is counted towards completion of a sentence.''.
            (2) The amendments made by paragraph (1) shall apply 
        beginning with fiscal year 1996.

SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

    (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
            (1) by redesignating subsection (j) as subsection (h) and 
        by moving such subsection and adding it at the end of section 
        241, as amended by section 305(a)(3); and
            (2) by amending the remainder of section 242 to read as 
        follows:

                 ``judicial review of orders of removal

    ``Sec. 242. (a) Applicable Provisions.--
            ``(1) General orders of removal.--Judicial review of a 
        final order of removal (other than an order of removal without 
        a hearing pursuant to section 235(b)(1)) is governed only by 
        chapter 158 of title 28 of the United States Code, except as 
        provided in subsection (b) and except that the court may not 
        order the taking of additional evidence under section 2347(c) 
        of such title.
            ``(2) Limitations on review relating to section 
        235(b)(1).--Notwithstanding any other provision of law, no 
        court shall have jurisdiction to review--
                    ``(A) except as provided in subsection (f), any 
                individual determination or to entertain any other 
                cause or claim arising from or relating to the 
                implementation or operation of an order of removal 
                pursuant to section 235(b)(1),
                    ``(B) a decision by the Attorney General to invoke 
                the provisions of such section,
                    ``(C) the application of such section to individual 
                aliens, including the determination made under section 
                235(b)(1)(B), or
                    ``(D) procedures and policies adopted by the 
                Attorney General to implement the provisions of section 
                235(b)(1).
            ``(3) Treatment of certain decisions.--No alien shall have 
        a right to appeal from a decision of an immigration judge which 
        is based solely on a certification described in section 
        240(c)(1)(B).
    ``(b) Requirements for Orders of Removal.--With respect to review 
of an order of removal under subsection (a)(1), the following 
requirements apply:
            ``(1) Deadline.--The petition for review must be filed not 
        later than 30 days after the date of the final order of 
        removal.
            ``(2) Venue and forms.--The petition for review shall be 
        filed with the court of appeals for the judicial circuit in 
        which the immigration judge completed the proceedings. The 
        record and briefs do not have to be printed. The court of 
        appeals shall review the proceeding on a typewritten record and 
        on typewritten briefs.
            ``(3) Service.--
                    ``(A) In general.--The respondent is the Attorney 
                General. The petition shall be served on the Attorney 
                General and on the officer or employee of the Service 
                in charge of the Service district in which the initial 
                proceedings under section 240 were conducted.
                    ``(B) Stay of order.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), service of the petition on the 
                        officer or employee stays the removal of an 
                        alien pending the court's decision on the 
                        petition, unless the court orders otherwise.
                            ``(ii) Exception.--If the alien has been 
                        convicted of an aggravated felony, or the alien 
                        has been ordered removed pursuant to a finding 
                        that the alien is inadmissible under section 
                        212, service of the petition does not stay the 
                        removal unless the court orders otherwise.
            ``(4) Decision.--Except as provided in paragraph (5)(B)--
                    ``(A) the court of appeals shall decide the 
                petition only on the administrative record on which the 
                order of removal is based,
                    ``(B) the administrative findings of fact are 
                conclusive if supported by reasonable, substantial, and 
                probative evidence on the record considered as a whole, 
                and
                    ``(C) a decision that an alien is not eligible for 
                admission to the United States is conclusive unless 
                manifestly contrary to law.
            ``(5) Treatment of nationality claims.--
                    ``(A) Court determination if no issue of fact.--If 
                the petitioner claims to be a national of the United 
                States and the court of appeals finds from the 
                pleadings and affidavits that no genuine issue of 
                material fact about the petitioner's nationality is 
                presented, the court shall decide the nationality 
                claim.
                    ``(B) Transfer if issue of fact.--If the petitioner 
                claims to be a national of the United States and the 
                court of appeals finds that a genuine issue of material 
                fact about the petitioner's nationality is presented, 
                the court shall transfer the proceeding to the district 
                court of the United States for the judicial district in 
                which the petitioner resides for a new hearing on the 
                nationality claim and a decision on that claim as if an 
                action had been brought in the district court under 
                section 2201 of title 28, United States Code.
                    ``(C) Limitation on determination.--The petitioner 
                may have such nationality claim decided only as 
                provided in this paragraph.
            ``(6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order under 
        this section, any review sought of a motion to reopen or 
        reconsider the order shall be consolidated with the review of 
        the order.
            ``(7) Challenge to validity of orders in certain criminal 
        proceedings.--
                    ``(A) In general.--If the validity of an order of 
                removal has not been judicially decided, a defendant in 
                a criminal proceeding charged with violating section 
                243(a) may challenge the validity of the order in the 
                criminal proceeding only by filing a separate motion 
                before trial. The district court, without a jury, shall 
                decide the motion before trial.
                    ``(B) Claims of united states nationality.--If the 
                defendant claims in the motion to be a national of the 
                United States and the district court finds that--
                            ``(i) no genuine issue of material fact 
                        about the defendant's nationality is presented, 
                        the court shall decide the motion only on the 
                        administrative record on which the removal 
                        order is based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative evidence 
                        on the record considered as a whole; or
                            ``(ii) a genuine issue of material fact 
                        about the defendant's nationality is presented, 
                        the court shall hold a new hearing on the 
                        nationality claim and decide that claim as if 
                        an action had been brought under section 2201 
                        of title 28, United States Code.
                The defendant may have such nationality claim decided 
                only as provided in this subparagraph.
                    ``(C) Consequence of invalidation.--If the district 
                court rules that the removal order is invalid, the 
                court shall dismiss the indictment for violation of 
                section 243(a). The United States Government may appeal 
                the dismissal to the court of appeals for the 
                appropriate circuit within 30 days after the date of 
                the dismissal.
                    ``(D) Limitation on filing petitions for review.--
                The defendant in a criminal proceeding under section 
                243(a) may not file a petition for review under 
                subsection (a) during the criminal proceeding.
            ``(8) Construction.--This subsection--
                    ``(A) does not prevent the Attorney General, after 
                a final order of removal has been issued, from 
                detaining the alien under section 241(a);
                    ``(B) does not relieve the alien from complying 
                with section 241(a)(4) and section 243(g); and
                    ``(C) except as provided in paragraph (3), does not 
                require the Attorney General to defer removal of the 
                alien.
    ``(c) Requirements for Petition.--A petition for review or for 
habeas corpus of an order of removal shall state whether a court has 
upheld the validity of the order, and, if so, shall state the name of 
the court, the date of the court's ruling, and the kind of proceeding.
    ``(d) Review of Final Orders.--A court may review a final order of 
removal only if--
            ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right, and
            ``(2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the petition 
        presents grounds that could not have been presented in the 
        prior judicial proceeding or that the remedy provided by the 
        prior proceeding was inadequate or ineffective to test the 
        validity of the order.
    ``(e) Limited Review for Non-Permanent Residents Convicted of 
Aggravated Felonies.--
            ``(1) In general.--A petition for review filed by an alien 
        against whom a final order of removal has been issued under 
        section 238 may challenge only whether--
                    ``(A) the alien is the alien described in the 
                order,
                    ``(B) the alien is an alien described in section 
                238(b)(2) and has been convicted after entry into the 
                United States of an aggravated felony, and
                    ``(C) proceedings against the alien complied with 
                section 238(b)(4).
            ``(2) Limited jurisdiction.--A court reviewing the petition 
        has jurisdiction only to review the issues described in 
        paragraph (1).
    ``(f) Judicial Review of Orders Under Section 235(b)(1).--
            ``(1) Application.--The provisions of this subsection apply 
        with respect to judicial review of orders of removal effected 
        under section 235(b)(1).
            ``(2) Limitations on relief.--Regardless of the nature of 
        the action or claim and regardless of the identity of the party 
        or parties bringing the action, no court shall have 
        jurisdiction or authority to enter declaratory, injunctive, or 
        other equitable relief not specifically authorized in this 
        subsection, or to certify a class under Rule 23 of the Federal 
        Rules of Civil Procedure.
            ``(3) Limitation to habeas corpus.--Judicial review of any 
        matter cause, claim, or individual determination made or 
        arising under or pertaining to section 235(b)(1) shall only be 
        available in habeas corpus proceedings, and shall be limited to 
        determinations of--
                    ``(A) whether the petitioner is an alien,
                    ``(B) whether the petitioner was ordered removed 
                under such section, and
                    ``(C) whether the petitioner can prove by a 
                preponderance of the evidence that the petitioner is an 
                alien lawfully admitted for permanent residence and is 
                entitled to such further inquiry as prescribed by the 
                Attorney General pursuant to section 235(b)(1)(C).
            ``(4) Decision.--In any case where the court determines 
        that the petitioner--
                    ``(A) is an alien who was not ordered removed under 
                section 235(b)(1), or
                    ``(B) has demonstrated by a preponderance of the 
                evidence that the alien is a lawful permanent resident,
        the court may order no remedy or relief other than to require 
        that the petitioner be provided a hearing in accordance with 
        section 240. Any alien who is provided a hearing under section 
        240 pursuant to this paragraph may thereafter obtain judicial 
        review of any resulting final order of removal pursuant to 
        subsection (a)(1).
            ``(5) Scope of inquiry.--In determining whether an alien 
        has been ordered removed under section 235(b)(1), the court's 
        inquiry shall be limited to whether such an order in fact was 
        issued and whether it relates to the petitioner. There shall be 
        no review of whether the alien is actually inadmissible or 
        entitled to any relief from removal.
    ``(g) Limit on Injunctive Relief.--Regardless of the nature of the 
action or claim or of the identity of the party or parties bringing the 
action, no court (other than the Supreme Court) shall have jurisdiction 
or authority to enjoin or restrain the operation of the provisions of 
chapter 4 of title II, as amended by the Immigration in the National 
Interest Act of 1995, other than with respect to the application of 
such provisions to an individual alien against whom proceedings under 
such chapter have been initiated.''.
    (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 
repealed.

SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

    (a) In General.--Section 243 (8 U.S.C. 1253) is amended to read as 
follows:

                     ``penalties related to removal

    ``Sec. 243. ``(a) Penalty for Failure to Depart.--
            ``(1) In general.--Any alien against whom a final order of 
        removal is outstanding by reason of being a member of any of 
        the classes described in section 237(a), who--
                    ``(A) willfully fails or refuses to depart from the 
                United States within a period of 90 days from the date 
                of the final order of removal under administrative 
                processes, or if judicial review is had, then from the 
                date of the final order of the court,
                    ``(B) willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure,
                    ``(C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with the 
                purpose of preventing or hampering the alien's 
                departure pursuant to such, or
                    ``(D) willfully fails or refuses to present himself 
                or herself for removal at the time and place required 
                by the Attorney General pursuant to such order,
        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the alien 
        is a member of any of the classes described in paragraph 
        (1)(E), (2), (3), or (4) of section 237(a)), or both.
            ``(2) Exception.--It is not a violation of paragraph (1) to 
        take any proper steps for the purpose of securing cancellation 
        of or exemption from such order of removal or for the purpose 
        of securing the alien's release from incarceration or custody.
            ``(3) Suspension.--The court may for good cause suspend the 
        sentence of an alien under this subsection and order the 
        alien's release under such conditions as the court may 
        prescribe. In determining whether good cause has been shown to 
        justify releasing the alien, the court shall take into account 
        such factors as--
                    ``(A) the age, health, and period of detention of 
                the alien;
                    ``(B) the effect of the alien's release upon the 
                national security and public peace or safety;
                    ``(C) the likelihood of the alien's resuming or 
                following a course of conduct which made or would make 
                the alien deportable;
                    ``(D) the character of the efforts made by such 
                alien himself and by representatives of the country or 
                countries to which the alien's removal is directed to 
                expedite the alien's departure from the United States;
                    ``(E) the reason for the inability of the 
                Government of the United States to secure passports, 
                other travel documents, or removal facilities from the 
                country or countries to which the alien has been 
                ordered removed; and
                    ``(F) the eligibility of the alien for 
                discretionary relief under the immigration laws.
    ``(b) Willful Failure to Comply with Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 241(a)(3) or 
knowingly give false information in response to an inquiry under such 
section shall be fined not more than $1,000 or imprisoned for not more 
than one year, or both.
    ``(c) Penalties Relating to Vessels and Aircraft.--
            ``(1) Civil penalties.--
                    ``(A) Failure to carry out certain orders.--If the 
                Attorney General is satisfied that a person has 
                violated subsection (d) or (e) of section 241, the 
                person shall pay to the Commissioner the sum of $2,000 
                for each violation.
                    ``(B) Failure to remove alien stowaways.--If the 
                Attorney General is satisfied that a person has failed 
                to remove an alien stowaway as required under section 
                241(d)(2), the person shall pay to the Commissioner the 
                sum of $5,000 for each alien stowaway not removed.
                    ``(C) No compromise.--The Attorney General may not 
                compromise the amount of such penalty under this 
                paragraph.
            ``(2) Clearing vessels and aircraft.--
                    ``(A) Clearance before decision on liability.--A 
                vessel or aircraft may be granted clearance before a 
                decision on liability is made under paragraph (1) only 
                if a bond approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is deposited with 
                the Commissioner.
                    ``(B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be granted 
                clearance if a civil penalty imposed under paragraph 
                (1) is not paid.
    ``(d) Discontinuing Granting Visas to Nationals of Country Denying 
or Delaying Accepting Alien.--On being notified by the Attorney General 
that the government of a foreign country denies or unreasonably delays 
accepting an alien who is a citizen, subject, national, or resident of 
that country after the Attorney General asks whether the government 
will accept the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue granting 
immigrant visas or nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has accepted the alien.''.

SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; 
              ADDITIONAL CONFORMING AMENDMENTS.

    (a) Conforming Amendment to Table of Contents; Overview of 
Reorganized Chapters.--The table of contents, as amended by section 
815(d)(1), is amended--
            (1) by striking the item relating to section 106, and
            (2) by striking the item relating to chapter 4 of title II 
        and all that follows through the item relating to section 244A 
        and inserting the following:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                                Removal

``Sec. 231.  Lists of alien and citizen passengers arriving or 
                            departing; record of resident aliens and 
                            citizens leaving permanently for foreign 
                            country.
``Sec. 232.  Detention of aliens for physical and mental examination.
``Sec. 233.  Entry through or from foreign contiguous territory and 
                            adjacent islands; landing stations.
``Sec. 234.  Designation of ports of entry for aliens arriving by civil 
                            aircraft.
``Sec. 235.  Inspection by immigration officers; expedited removal of 
                            inadmissible arriving aliens; referral for 
                            hearing.
``Sec. 236.  Apprehension and detention of aliens not lawfully in the 
                            United States.
``Sec. 237.  General classes of deportable aliens.
``Sec. 238.  Expedited removal of aliens convicted of committing 
                            aggravated felonies.
``Sec. 239.  Initiation of removal proceedings.
``Sec. 240.  Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241.  Detention and removal of aliens ordered removed.
``Sec. 242.  Judicial review of orders of removal.
``Sec. 243.  Penalties relating to removal.
``Sec. 244.  Temporary protected status.
            ``Chapter 5--Adjustment and Change of Status''.

    (b) Reorganization of Other Provisions.--Chapters 4 and 5 of title 
II are amended as follows:
            (1) Amending chapter heading.--Amend the heading for 
        chapter 4 of title II to read as follows:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                               Removal''.

            (2) Redesignating section 232 as section 232(a).--Amend 
        section 232 (8 U.S.C. 1222)--
                    (A) by inserting ``(a) Detention of Aliens.--'' 
                after ``Sec. 232.'', and
                    (B) by amending the section heading to read as 
                follows:

      ``detention of aliens for physical and mental examination''.

            (3) Redesignating section 234 as section 232(b).--Amend 
        section 234 (8 U.S.C. 1224)--
                    (A) by striking the heading,
                    (B) by striking ``Sec. 234.'' and inserting the 
                following: ``(b) Physical and Mental Examination.--'', 
                and
                    (C) by moving such provision to the end of section 
                232.
            (4) Redesignating section 238 as section 233.--Redesignate 
        section 238 (8 U.S.C. 1228) as section 233 and move the section 
        to immediately follow section 232.
            (5) Redesignating section 240 as section 234a.--Redesignate 
        section 240 (8 U.S.C. 1230) as section 234A and move the 
        section to immediately follow section 233.
            (6) Redesignating section 242a as section 238.--Redesignate 
        section 242A as section 238, strike ``deportation'' in its 
        heading and insert ``removal'', and move the section to 
        immediately follow section 237 (as redesignated by section 
        305(2)).
            (7) Striking section 242b.--Strike section 242B (8 U.S.C. 
        1252b).
            (8) Redesignating section 244A as section 244.--Strike 
        section 244 and redesignate section 244A as section 244.
            (9) Amending chapter heading.--Amend the heading for 
        chapter 5 of title II to read as follows:

            ``Chapter 5--Adjustment and Change of Status''.

    (c) Additional Conforming Amendments.--
            (1) Expedited procedures for aggravated felons (former 
        section 242a).--Section 238 (which, previous to redesignation 
        under section 308(b)(6), was section 242A) is amended--
                    (A) in subsection (a)(1), by striking ``section 
                242'' and inserting ``section 240'';
                    (B) in subsection (a)(2), by striking ``section 
                242(a)(2)'' and inserting ``section 236(b)''; and
                    (C) in subsection (b)(1), by striking ``section 
                241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.
            (2) Treatment of certain helpless aliens.--
                    (A) Certification of helpless aliens.--Section 232, 
                as amended by section 308(b), is further amended by 
                adding at the end the following new subsection:
    ``(c) Certification of Certain Helpless Aliens.--If an examining 
medical officer determines that an alien arriving in the United States 
is inadmissible, is helpless from sickness or mental and physical 
disability, or infancy, and is accompanied by another alien whose 
protection or guardianship may be required, the officer may certify 
such fact for purposes of applying section 212(a)(9)(B) with respect to 
the other alien.''.
                    (B) Ground of inadmissibility for protection and 
                guardianship of aliens denied admission for health or 
                infancy.--Subparagraph (B) of section 212(a)(9) (8 
                U.S.C. 1182(a)(9)) is amended to read as follows:
                    ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                            ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness or mental or physical 
                        disability or infancy pursuant to section 
                        232(c), and
                            ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.''.
            (3) Contingent consideration in relation to removal of 
        aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)'', and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) It is unlawful for an owner, agent, master, commanding 
officer, person in charge, purser, or consignee of a vessel or aircraft 
who is bringing an alien (except an alien crewmember) to the United 
States to take any consideration to be kept or returned contingent on 
whether an alien is admitted to, or ordered removed from, the United 
States.''.
            (4) Clarification.--(A) Section 238(a)(1), which, previous 
        to redesignation under section 308(b)(6), was section 
        242A(a)(1), is amended by adding at the end the following: 
        ``Nothing in this section shall be construed to create any 
        substantive or procedural right or benefit that is legally 
        enforceable by any party against the United States or its 
        agencies or officers or any other person.''.
            (B) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416), as 
        amended by section 815(b), is amended by striking ``and nothing 
        in'' and all that follows up to ``shall''.
    (d) Additional Conforming Amendments Relating to Exclusion and 
Inadmissibility.--
            (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
        amended--
                    (A) in the heading, by striking ``excluded from'' 
                and inserting ``ineligible for'';
                    (B) in the matter in subsection (a) before 
                paragraph (1), by striking all that follows ``(a)'' and 
                inserting the following: ``Classes of Aliens Ineligible 
                for Visas or Admission.--Except as otherwise provided 
                in this Act, aliens who are inadmissible under the 
                following paragraphs are ineligible to receive visas 
                and ineligible to be admitted to the United States:'';
                    (C) in subsection (a), by striking ``is 
                excludable'' and inserting ``is inadmissible'' each 
                place it appears;
                    (D) in subsections (a)(5)(C), (d)(1), (k), by 
                striking ``exclusion'' and inserting 
                ``inadmissibility'';
                    (E) in subsections (b), (d)(3), (h)(1)(A)(i), and 
                (k), by striking ``excludable'' each place it appears 
                and inserting ``inadmissible'';
                    (F) in subsection (b)(2), by striking ``and 
                ineligible for entry'';
                    (G) in subsection (d)(7), by striking ``excluded 
                from'' and inserting ``denied''; and
                    (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of admission''.
            (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
        redesignation as section 237 by section 305(2), is amended--
                    (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                    (B) in subsection (a)(4)(C)(ii), by striking 
                ``excludability'' and inserting ``inadmissibility''; 
                and
                    (C) in subsections (c) and (h), by striking 
                ``exclusion'' and inserting ``inadmissibility''.
            (3) Other general references.--The following provisions are 
        amended by striking ``excludability'' and ``excludable'' each 
        place each appears and inserting ``inadmissibility'' and 
        ``inadmissible'', respectively:
                    (A) Sections 101(f)(3), 213, 234, 241(a)(1) (before 
                redesignation by section 305(2)), 272(a), 277, 
                286(h)(2)(A)(v), and 286(h)(2)(A)(vi) and the last 
                sentence of section 208(a) (as added by section 
                332(a)).
                    (B) Sections 304(c)(1)(A)(i), 304(c)(1)(A)(ii), and 
                601(c) of the Immigration Act of 1990.
                    (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).
                    (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).
                    (E) Section 221 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416).
            (4) Related terms.--
                    (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is 
                amended by striking ``or expulsion'' and inserting 
                ``expulsion, or removal''.
                    (B) Section 102 (8 U.S.C. 1102) is amended by 
                striking ``exclusion or deportation'' and inserting 
                ``removal''.
                    (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
                amended by striking ``been excluded or deported'' and 
                inserting ``not been admitted or have been removed''.
                    (D) Section 206 (8 U.S.C. 1156) is amended by 
                striking ``excluded from admission to the United States 
                and deported'' and inserting ``denied admission to the 
                United States and removed''.
                    (E) Section 216(f) (8 U.S.C. 1186a) is amended by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (F) Section 217 (8 U.S.C. 1187) is amended by 
                striking ``excluded from admission'' and inserting 
                ``denied admission at the time of arrival'' each place 
                it appears.
                    (G) Section 221(f) (8 U.S.C. 1201) is amended by 
                striking ``exclude'' and inserting ``deny admission 
                to''.
                    (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended by 
                striking ``excluded by'' and ``the excluded classes'' 
                and inserting ``inadmissible under'' and ``inadmissible 
                classes'', respectively.
                    (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                            (I) by striking ``exclusion'' in the 
                        heading and inserting ``denial of admission'',
                            (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', and
                            (III) in subsection (c), by striking 
                        ``excluding''.
                    (ii) The item in the table of contents relating to 
                such section is amended by striking ``exclusion'' and 
                inserting ``denial of admission''.
                    (J) Section 276(a) (8 U.S.C. 1326) is amended--
                            (i) in paragraph (1), by striking 
                        ``deported or excluded and deported'' and 
                        inserting ``denied admission or removed'', and
                            (ii) in paragraph (2)(B), by striking 
                        ``excluded and deported'' and inserting 
                        ``denied admission and removed''.
                    (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 
                1356(h)(2)(A)(vi)) is amended by striking ``exclusion'' 
                each place it appears and inserting ``removal''.
                    (L) Section 287 (8 U.S.C. 1357) is amended--
                            (i) in subsection (a), by striking ``or 
                        expulsion'' each place it appears and inserting 
                        ``expulsion, or removal'', and
                            (ii) in subsection (c), by striking 
                        ``exclusion from'' and inserting ``denial of 
                        admission to''.
                    (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
                striking ``admitted to the United States, or excluded 
                therefrom'' each place it appears and inserting 
                ``admitted or denied admission to the United States''.
                    (N) Section 291 (8 U.S.C. 1361) is amended by 
                striking ``subject to exclusion'' and inserting 
                ``inadmissible'' each place it appears.
                    (O) Section 292 (8 U.S.C. 1362) is amended by 
                striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.
                    (P) Section 360 (8 U.S.C. 1503) is amended--
                            (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and
                            (ii) in subsection (c), by striking 
                        ``excluded from'' and inserting ``denied''.
                    (Q) Section 301(a)(1) of the Immigration Act of 
                1990 is amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (R) Section 401(c) of the Refugee Act of 1980 is 
                amended by striking ``deportation or exclusion'' and 
                inserting ``removal''.
                    (S) Section 501(e)(2) of the Refugee Education 
                Assistance Act of 1980 (Public Law 96-422) is amended 
                by striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.
    (e) Revision of Terminology Relating to Deportation.--
            (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':
                    (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
                (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 
                1154(a)(1)).
                    (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
                    (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
                    (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), 
                as redesignated by section 815(a)(4)(A) of this Act.
                    (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                before redesignation as section 237 by section 305(2) .
                    (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection (b)(6).
                    (G) Subsections (a)(3) and (b)(5)(B) of section 
                244A (8 U.S.C. 1254a), before redesignation as section 
                244 by subsection (b)(8).
                    (H) Section 246(a) (8 U.S.C. 1256(a)).
                    (I) Section 254 (8 U.S.C. 1284).
                    (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                    (K) Section 276(b) (8 U.S.C. 1326(b)).
                    (L) Section 280(b)(2) (8 U.S.C. 1330(b)(2)).
                    (M) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                    (N) Section 291 (8 U.S.C. 1361).
                    (O) Section 318 (8 U.S.C. 1429).
                    (P) Section 130005(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322).
            (2) Each of the following is amended by striking 
        ``deported'' and inserting ``removed'':
                    (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                    (B) Section 214(d) (8 U.S.C. 1184(d)).
                    (C) Section 241(a) (8 U.S.C. 1251(a)), before 
                redesignation as section 237 by section 305(2).
                    (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 815(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(6).
                    (E) Section 252(b) (8 U.S.C. 1282(b)).
                    (F) Section 254 (8 U.S.C. 1284).
                    (G) Subsections (b) and (c) of section 266 (8 
                U.S.C. 1306).
                    (H) Section 301(a)(1) of the Immigration Act of 
                1990.
            (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
        inserting ``or removed'' after ``deported'' each place it 
        appears.
            (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
        striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.
            (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is 
        amended by striking ``deportation is suspended'' and inserting 
        ``removal is canceled''.
            (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is 
        amended by striking ``deportation against'' and inserting 
        ``removal of''.
            (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), 
        and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended 
        by striking ``deportation'', ``deportation'', ``deport'', and 
        ``deported'' each place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
            (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
        of section 216A (8 U.S.C. 1186b) are each amended by striking 
        ``deportation'', ``deportation'', ``deport'', and ``deported'' 
        and inserting ``removal'', ``removal'', ``remove'', and 
        ``removed'', respectively.
            (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
        striking ``deportation against'' and inserting ``removal of''.
            (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
        section 238 by subsection (b)(6), is amended, in the headings 
        to various subdivisions, by striking ``Deportation'' and 
        ``deportation'' and inserting ``Removal'' and ``removal'', 
        respectively.
            (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), 
        before redesignation as section 244 by subsection (b)(8), is 
        amended--
                    (A) in subsection (a)(1)(A), by striking ``deport'' 
                and inserting ``remove'', and
                    (B) in subsection (e), by striking ``Suspension of 
                Deportation'' and inserting ``Cancellation of 
                Removal''.
            (12) Section 254 (8 U.S.C. 1284) is amended by striking 
        ``deport'' each place it appears and inserting ``remove''.
            (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
            (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
        ``deported'' and inserting ``removed''.
            (B) The item in the table of contents relating to such 
        section is amended by striking ``deported'' and inserting 
        ``removed''.
            (15) Section 318 (8 U.S.C. 1429) is amended by striking 
        ``suspending'' and inserting ``canceling''.
            (16) Section 301(a) of the Immigration Act of 1990 is 
        amended by striking ``Deportation'' and inserting ``Removal''.
            (17) The heading of section 130005 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 103-322) is 
        amended by striking ``deportation'' and inserting ``removal''.
    (f) Revision of References to Entry.--
            (1) The following provisions are amended by striking 
        ``entry'' and inserting ``admission'' each place it appears:
                    (A) Section 101(a)(15)(K) (8 U.S.C. 
                1101(a)(15)(K)).
                    (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                    (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                    (F) Section 212(i)(2) (8 U.S.C. 1182(i)(2)).
                    (G) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                    (H) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                    (I) Section 214(d) (8 U.S.C. 1184(d)).
                    (J) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                    (K) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                    (L) Section 240(b) (8 U.S.C. 1230(b)).
                    (M) Section 241(a)(1)(G) (8 U.S.C. 1251(a)(1)(G)).
                    (N) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                other than the last time it appears.
                    (O) Paragraphs (2) and (4) of section 241(a) (8 
                U.S.C. 1251(a)).
                    (P) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                    (Q) Section 247(a) (8 U.S.C. 1257(a)).
                    (R) Section 601(c)(2) of the Immigration Act of 
                1990.
            (2) The following provisions are amended by striking 
        ``enter'' and inserting ``be admitted'':
                    (A) Section 204(e) (8 U.S.C. 1154(e)).
                    (B) Section 221(h) (8 U.S.C. 1201(h)).
                    (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
            (3) The following provisions are amended by striking 
        ``enters'' and inserting ``is admitted to'':
                    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                    (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
            (4) Section 238(a) (8 U.S.C. 1228(a)) is amended by 
        striking ``entry and inspection'' and inserting ``inspection 
        and admission''.
            (5) Section 241(a)(1)(H)(ii) (8 U.S.C. 1251(a)(1)(H)(ii)) 
        is amended by striking ``at entry''.
            (6) Section 7 of the Central Intelligence Agency Act of 
        1949 (50 U.S.C. 403h) is amended by striking ``that the 
        entry'', ``given entry into'', and ``entering'' and inserting 
        ``that the admission'', ``admitted to'', and ``admitted to''.
            (7) Section 4 of the Atomic Weapons and Special Nuclear 
        Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
        ``entry'' and inserting ``admission''.
    (g) Conforming References to Reorganized Sections.--
            (1) References to sections 232, 234, 238, 239, 240, 241, 
        242a, and 244a.--Any reference in law in effect on the day 
        before the date of the enactment of this Act to section 232, 
        234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
        Nationality Act (or a subdivision of such section) is deemed, 
        as of the title III-A effective date, to refer to section 
        232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
        (or the corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to section 
        241 (or a subdivision of such section) of the Immigration and 
        Nationality Act in an amendment made by a subsequent subtitle 
        of this title is deemed a reference (as of the title III-A 
        effective date) to section 237 (or the corresponding 
        subdivision of such section), as redesignated by this subtitle.
            (2) References to section 106.--
                    (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 
                U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by 
                section 815(b)(14) but before redesignation as section 
                238 by subsection (b)(6), are each amended by striking 
                ``106'' and inserting ``242''.
                    (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 
                U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are amended by 
                inserting ``(as in effect before October 1, 1996)'' 
                after ``106''.
                    (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 815(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(6), is amended by striking ``106(a)(1)'' and 
                inserting ``242(b)(1)''.
            (3) References to section 236.--
                    (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
                1159(a)(1)) are each amended by striking ``236'' and 
                inserting ``240''.
                    (B) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``1226 of title 8, United 
                States Code'' and inserting ``section 240 of the 
                Immigration and Nationality Act''.
            (4) References to section 237.--
                    (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is 
                amended by striking ``237'' and inserting ``241''.
                    (B) Section 212(a)(9)(B) (8 U.S.C. 1182(a)(9)(B)) 
                is amended by striking ``section 237(e)'' and inserting 
                ``section 232(c)''.
                    (C) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is 
                amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                    (D) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
                striking ``237, 239, 243'' and inserting ``234, 
                243(c)(2)''.
            (5) References to section 242.--
                    (A)(i) Sections 214(d), 252(b), 280(b)(2), and 
                287(f)(1) (8 U.S.C. 1184(d), 1282(b), 1330(b)(2), 
                1357(f)(1)) are each amended by striking ``242'' and 
                inserting ``240''.
                    (ii) Subsections (a)(1) and (c)(4) of section 242A 
                (8 U.S.C. 1252a), as amended by section 815(b)(14) but 
                before redesignation as section 238 by section 
                308(b)(6), are each amended by striking ``242'' and 
                inserting ``240''.
                    (iii) Section 245A(a)(1)(B) (8 U.S.C. 
                1255a(a)(1)(B)) is amended by inserting ``(as in effect 
                before October 1, 1996)'' after ``242''.
                    (iv) Section 4113(b) of title 18, United States 
                Code, is amended by striking ``242'' and inserting 
                ``240''.
                    (v) Section 8(c) of the Foreign Agents Registration 
                Act of 1938 (as amended) (22 U.S.C. 618(c)) is amended 
                by striking ``242'' and inserting ``240''.
                    (vi) Section 9 of the Peace Corps Act (22 U.S.C. 
                2508) is amended by striking ``242'' and inserting 
                ``240''.
                    (B) Section 242A(a)(2) (8 U.S.C. 1252a(a)(2)), 
                before redesignation as section 238 by section 
                308(b)(6), is amended by striking ``section 242(a)(2)'' 
                and inserting ``section 236(c)''.
                    (C) Section 130002(a) of Public Law 103-322 is 
                amended by striking ``242(a)(3)(A)'' and inserting 
                ``236(d)''.
                    (D) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), 
                before redesignation as section 238 by section 
                308(b)(6), is amended by striking ``242(b)'' and 
                inserting ``240''.
                    (E) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 815(b)(14) 
                but before redesignation as section 238 by section 
                308(b)(6), is amended by striking ``242(b)'' and 
                inserting ``240''.
                    (F) Section 4113(a) of title 18, United States 
                Code, is amended by striking ``242(b)'' and inserting 
                ``240B''.
                    (G) Section 1821(e) of title 28, United States 
                Code, is amended by striking ``242(b)'' and inserting 
                ``240''.
                    (H) Section 225 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416) 
                is amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                    (I) Section 130007(a) of Public Law 103-322 is 
                amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                    (J) Section 20301(c) of Public Law 103-322 is 
                amended by striking ``242(j)(5)'' and ``242(j)'' and 
                inserting ``241(h)(5)'' and ``241(h)'', respectively.
            (6) References to section 242b.--
                    (A) Section 303(d)(2) of the Immigration Act of 
                1990 is amended by striking ``242B'' and inserting 
                ``240(b)(5)''.
                    (B) Section 545(g)(1)(B) of the Immigration Act of 
                1990 is amended by striking ``242B(a)(4)'' and 
                inserting ``239(a)(4)''.
            (7) References to section 243.--
                    (A)(i) Section 214(d) (8 U.S.C. 1184(d)) is amended 
                by striking ``243'' and inserting ``241''.
                    (ii) Section 8(c) of the Foreign Agents 
                Registration Act of 1938 (as amended) (22 U.S.C. 
                618(c)) is amended by striking ``243'' and inserting 
                ``241''.
                    (iii) Section 9 of the Peace Corps Act (22 U.S.C. 
                2508) is amended by striking ``243'' and inserting 
                ``241''.
                    (B) Section 236(e)(2) (8 U.S.C. 1226(e)(2)) is 
                amended by striking ``section 243(g)'' and inserting 
                ``section 243(d)''.
                    (C)(i) Section 315(c) of Public Law 99-603 is 
                amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (ii) Section 315(c) of the Immigration Reform and 
                Control Act of 1986 is amended by striking ``243(g)'' 
                and inserting ``243(d)''.
                    (iii) Section 702(b) of the Departments of 
                Commerce, Justice, and State, the Judiciary, and 
                Related Agencies Appropriations Act, 1988 is amended by 
                striking ``243(g)'' and inserting ``243(d)''.
                    (iv) Section 903(b) of Public Law 100-204 is 
                amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 
                1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking 
                ``243(h)'' and inserting ``241(b)(3)''.
                    (ii) Section 214(a)(5) of the Housing and Community 
                Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is 
                amended by striking ``243(h)'' and inserting 
                ``241(b)(3)''.
                    (E)(i) Section 244A(c)(2)(B)(ii) (8 U.S.C. 
                1254a(c)(2)(B)(ii)) is amended by striking 
                ``243(h)(2)'' and inserting ``241(b)(3)(B)''.
                    (ii) Section 202(a)(3) of the Immigration Reform 
                and Control Act of 1986 is amended by striking 
                ``243(h)(2)'' and inserting ``241(b)(3)(B)''.
                    (iii) Section 301(e)(2) of the Immigration Act of 
                1990 is amended by striking ``243(h)(2)'' and inserting 
                ``241(b)(3)(B)''.
                    (F) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
                striking ``subparagraphs (A) through (D) of paragraph 
                243(h)(2)'' and inserting ``clauses (i) through (iv) of 
                section 241(b)(3)(B)''.
            (8) References to section 244.--
                    (A)(i) Sections 201(b)(1)(D) and 244A(e) (8 U.S.C. 
                1151(b)(1)(D), 1254a(e)) are each amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                    (ii) Section 304(c)(1)(A) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)'' and inserting ``244A(a)''.
                    (B) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)(2)'' and inserting ``240A(a)(2)''.
                    (C) Section 4113(a) of title 18, United States 
                Code, is amended by striking ``244(e)'' and inserting 
                ``240B(e)''.
                    (D) Section 242B(e)(2)(A) (8 U.S.C. 1252b(e)(2)(A)) 
                is amended by striking ``section 244(e)(1)'' and 
                inserting ``section 240B(e)(1)''.
            (9) References to chapter 5.--
                    (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 
                1306(b), 1306(c), 1361) are each amended by striking 
                ``chapter 5'' and inserting ``chapter 4''.
                    (B) Section 6(b) of the Act of August 1, 1956 (50 
                U.S.C. 855(b)) is amended by striking ``chapter 5, 
                title II, of the Immigration and Nationality Act (66 
                Stat. 163)'' and inserting ``chapter 4 of title II of 
                the Immigration and Nationality Act''.
            (10) Miscellaneous cross-reference corrections for newly 
        added provisions.--
                    (A) The last sentence of section 208(a), as added 
                by section 332(a), is amended by striking 
                ``241(a)(4)(B)'' and inserting ``237(a)(4)(B)''.
                    (B) Section 245(c)(6), as amended by section 
                333(d), is amended by striking ``241(a)(4)(B)'' and 
                inserting ``237(a)(4)(B)''.
                    (C) The last sentence of section 246(a), as added 
                by section 353(a), is amended by striking ``deport the 
                alien under sections 242 and 242A'' and inserting 
                ``remove the alien under section 240''.
                    (D) Section 249(d), as amended by section 333(e), 
                is amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                    (E) Section 276(b)(3), as inserted by section 
                321(b), is amended by striking ``excluded'' and 
                ``excludable'' and inserting ``removed'' and 
                ``inadmissible'', respectively.
                    (F) Section 505(c)(7), as added by section 
                321(a)(1), is amended by amending subparagraphs (B) 
                through (D) to read as follows:
                    ``(B) Withholding of removal under section 
                241(b)(3).
                    ``(C) Cancellation of removal under section 240A.
                    ``(D) Voluntary departure under section 240B.''.
                    (G) Section 506(b)(2)(B), as added by section 
                321(a)(1), is amended by striking ``deportation'' and 
                inserting ``removal''.
                    (H) Section 508(c)(2)(D), as added by section 
                321(a)(1), is amended by striking ``exclusion because 
                such alien is excludable'' and inserting ``removal 
                because such alien is inadmissible''.
                    (I) Section 130007(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322), 
                as amended by section 815(a)(8), is amended by striking 
                ``242A(a)(3)'' and inserting ``238(a)(3)''.

SEC. 309. EFFECTIVE DATES; TRANSITION.

    (a) In General.--Except as provided in this section, this subtitle 
and the amendments made by this subtitle shall take effect on the first 
day of the first month beginning more than 180 days after the date of 
the enactment of this Act (in this title referred to as the ``title 
III-A effective date'').
    (b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 1 
month before the title III-A effective date.
    (c) Transition For Aliens in Proceedings.--
            (1) General rule that new rules do not apply.--Subject to 
        the succeeding provisions of this subsection, in the case of an 
        alien who is in exclusion or deportation proceedings as of the 
        title III-A effective date--
                    (A) the amendments made by this subtitle shall not 
                apply, and
                    (B) the proceedings (including judicial review 
                thereof) shall continue to be conducted without regard 
                to such amendments.
            (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in which an 
        evidentiary hearing under section 236 or 242 and 242B of the 
        Immigration and Nationality Act has not commenced as of the 
        title III-A effective date, the Attorney General may elect to 
        proceed under chapter 4 of title II of such Act (as amended by 
        this subtitle). The Attorney General shall provide notice of 
        such election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. If the 
        Attorney General makes such election, the notice of hearing 
        provided to the alien under section 235 or 242(a) of such Act 
        shall be valid as if provided under section 239 of such Act (as 
        amended by this subtitle) to confer jurisdiction on the 
        immigration judge.
            (3) Attorney general option to terminate and reinitiate 
        proceedings.--In the case described in paragraph (1), the 
        Attorney General may elect to terminate proceedings in which 
        there has not been a final administrative decision and to 
        reinitiate proceedings under chapter 4 of title II the 
        Immigration and Nationality Act (as amended by this subtitle). 
        Any determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
            (4) Transitional changes in judicial review.--In the case 
        described in paragraph (1) in which a final order of exclusion 
        or deportation is entered more than 30 days after the date of 
        the enactment of this Act, notwithstanding any provision of 
        section 106 of the Immigration and Nationality Act (as in 
        effect as of the date of the enactment of this Act) to the 
        contrary--
                    (A) in the case of judicial review of a final order 
                of exclusion, subsection (b) of such section shall not 
                apply and the action for judicial review shall be 
                governed by the provisions of subsections (a) and (c) 
                of such in the same manner as they apply to judicial 
                review of orders of deportation;
                    (B) a court may not order the taking of additional 
                evidence under section 2347(c) of title 28, United 
                States Code;
                    (C) the petition for judicial review must be filed 
                not later than 30 days after the date of the final 
                order of exclusion or deportation; and
                    (D) the petition for review shall be filed with the 
                court of appeals for the judicial circuit in which the 
                administrative proceedings before the special inquiry 
                officer or immigration judge were completed.
            (5) Transitional rule with regard to suspension of 
        deportation.--In applying section 244(a) of the Immigration and 
        Nationality Act (as in effect before the date of the enactment 
        of this Act) with respect to an application for suspension of 
        deportation which is filed before, on, or after the date of the 
        enactment of this Act and which has not been adjudicated as of 
        30 days after the date of the enactment of this Act, the period 
        of continuous physical presence under such section shall be 
        deemed to have ended on the date the alien was served an order 
        to show cause pursuant to section 242A of such Act (as in 
        effect before such date of enactment).
            (6) Transition for certain family unity aliens.--The 
        Attorney General may waive the application of section 212(a)(9) 
        of the Immigration and Nationality Act, as inserted by section 
        301(b) of this subtitle, in the case of an alien who is 
        provided benefits under the provisions of section 301 of the 
        Immigration Act of 1990 (relating to family unity).
    (d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act, as amended by this subtitle--
            (1) any reference in section 212(a)(1)(A) of such Act to 
        the term ``inadmissible'' is deemed to include a reference to 
        the term ``excludable'', and
            (2) any reference in law to an order of removal shall be 
        deemed to include a reference to an order of exclusion and 
        deportation or an order of deportation.
    (e) Transition.--No period of time before the date of the enactment 
of this Act shall be included in the period of 1 year described in 
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as 
amended by section 301(d)).

                Subtitle B--Removal of Alien Terrorists

                                                  Title III, Subtitle B

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

    (a) In General.--The Immigration and Nationality Act is amended--
            (1) by adding at the end of the table of contents the 
        following:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
                            to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'',
        and
            (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions

    ``Sec. 501. In this title:
            ``(1) The term `alien terrorist' means an alien described 
        in section 241(a)(4)(B).
            ``(2) The term `classified information' has the meaning 
        given such term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(3) The term `national security' has the meaning given 
        such term in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(4) The term `special attorney' means an attorney who is 
        on the panel established under section 502(e).
            ``(5) The term `special removal court' means the court 
        established under section 502(a).
            ``(6) The term `special removal hearing' means a hearing 
        under section 505.
            ``(7) The term `special removal proceeding' means a 
        proceeding under this title.

``establishment of special removal court; panel of attorneys to assist 
                      with classified information

    ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
    ``(b) Terms.--Each judge designated under subsection (a) shall 
serve for a term of 5 years and shall be eligible for redesignation, 
except that the four associate judges first so designated shall be 
designated for terms of one, two, three, and four years so that the 
term of one judge shall expire each year.
    ``(c) Chief Judge.--The Chief Justice shall publicly designate one 
of the judges of the special removal court to be the chief judge of the 
court. The chief judge shall promulgate rules to facilitate the 
functioning of the court and shall be responsible for assigning the 
consideration of cases to the various judges.
    ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this 
title in the same manner as they apply to proceedings under such Act.
    ``(e) Establishment of Panel of Special Attorneys.--The special 
removal court shall provide for the designation of a panel of attorneys 
each of whom--
            ``(1) has a security clearance which affords the attorney 
        access to classified information, and
            ``(2) has agreed to represent permanent resident aliens 
        with respect to classified information under section 506 in 
        accordance with (and subject to the penalties under) this 
        title.

       ``application for initiation of special removal proceeding

    ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing of a written 
application described in subsection (b) with the special removal court 
seeking an order authorizing a special removal proceeding under this 
title. The application shall be submitted in camera and ex parte and 
shall be filed under seal with the court.
    ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
            ``(1) The identity of the Department of Justice attorney 
        making the application.
            ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
            ``(3) The identity of the alien for whom authorization for 
        the special removal proceedings is sought.
            ``(4) A statement of the facts and circumstances relied on 
        by the Department of Justice to establish that--
                    ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                    ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the removal of aliens 
                would pose a risk to the national security of the 
                United States.
            ``(5) An oath or affirmation respecting each of the facts 
        and statements described in the previous paragraphs.
    ``(c) Right to Dismiss.--The Department of Justice retains the 
right to dismiss a removal action under this title at any stage of the 
proceeding.

                     ``consideration of application

    ``Sec. 504. (a) In General.--In the case of an application under 
section 503 to the special removal court, a single judge of the court 
shall be assigned to consider the application. The judge, in accordance 
with the rules of the court, shall consider the application and may 
consider other information, including classified information, presented 
under oath or affirmation. The judge shall consider the application 
(and any hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
    ``(b) Approval of Order.--The judge shall enter ex parte the order 
requested in the application if the judge finds, on the basis of such 
application and such other information (if any), that there is probable 
cause to believe that--
            ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist, and
            ``(2) adherence to the provisions of title II regarding the 
        removal of the identified alien would pose a risk to the 
        national security of the United States.
    ``(c) Denial of Order.--If the judge denies the order requested in 
the application, the judge shall prepare a written statement of the 
judge's reasons for the denial.
    ``(d) Exclusive Provisions.--Whenever an order is issued under this 
section with respect to an alien--
            ``(1) the alien's rights regarding removal and expulsion 
        shall be governed solely by the provisions of this title, and
            ``(2) except as they are specifically referenced, no other 
        provisions of this Act shall be applicable.

                       ``special removal hearings

    ``Sec. 505. (a) In General.--In any case in which the application 
for the order is approved under section 504, a special removal hearing 
shall be conducted under this section for the purpose of determining 
whether the alien to whom the order pertains should be removed from the 
United States on the grounds that the alien is an alien terrorist. 
Consistent with section 506, the alien shall be given reasonable notice 
of the nature of the charges against the alien and a general account of 
the basis for the charges. The alien shall be given notice, reasonable 
under all the circumstances, of the time and place at which the hearing 
will be held. The hearing shall be held as expeditiously as possible.
    ``(b) Use of Same Judge.--The special removal hearing shall be held 
before the same judge who granted the order pursuant to section 504 
unless that judge is deemed unavailable due to illness or disability by 
the chief judge of the special removal court, or has died, in which 
case the chief judge shall assign another judge to conduct the special 
removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
    ``(c) Rights in Hearing.--
            ``(1) Public hearing.--The special removal hearing shall be 
        open to the public.
            ``(2) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel 
        shall be appointed by the judge pursuant to the plan for 
        furnishing representation for any person financially unable to 
        obtain adequate representation for the district in which the 
        hearing is conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section shall 
        apply and, for purposes of determining the maximum amount of 
        compensation, the matter shall be treated as if a felony was 
        charged.
            ``(3) Introduction of evidence.--The alien shall have a 
        right to introduce evidence on the alien's own behalf.
            ``(4) Examination of witnesses.--Except as provided in 
        section 506, the alien shall have a reasonable opportunity to 
        examine the evidence against the alien and to cross-examine any 
        witness.
            ``(5) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a 
        hearing shall be kept.
            ``(6) Decision based on evidence at hearing.--The decision 
        of the judge in the hearing shall be based only on the evidence 
        introduced at the hearing, including evidence introduced under 
        subsection (e).
            ``(7) No right to ancillary relief.--In the hearing, the 
        judge is not authorized to consider or provide for relief from 
        removal based on any of the following:
                    ``(A) Asylum under section 208.
                    ``(B) Withholding of deportation under section 
                243(h).
                    ``(C) Suspension of deportation under section 
                244(a).
                    ``(D) Voluntary departure under section 244(e).
                    ``(E) Adjustment of status under section 245.
                    ``(F) Registry under section 249.
    ``(d) Subpoenas.--
            ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter. Such a 
        request may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena by the 
        alien for a witness or material if compliance with such a 
        subpoena would reveal evidence or the source of evidence which 
        has been introduced, or which the Department of Justice has 
        received permission to introduce, in camera and ex parte 
        pursuant to subsection (e) and section 506, and the Department 
        of Justice shall be given a reasonable opportunity to oppose 
        the issuance of such a subpoena.
            ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        from funds appropriated for the enforcement of title II.
            ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
            ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
            ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.
    ``(e) Introduction of Classified Information.--
            ``(1) In general.--When classified information has been 
        summarized pursuant to section 506(b) or where a finding has 
        been made under section 506(b)(5) that no summary is possible, 
        classified information shall be introduced (either in writing 
        or through testimony) in camera and ex parte and neither the 
        alien nor the public shall be informed of such evidence or its 
        sources other than through reference to the summary provided 
        pursuant to such section. Notwithstanding the previous 
        sentence, the Department of Justice may, in its discretion and, 
        in the case of classified information, after coordination with 
        the originating agency, elect to introduce such evidence in 
        open session.
            ``(2) Treatment of electronic surveillance information.--
                    ``(A) Use of electronic surveillance.--The 
                Government is authorized to use in a special removal 
                proceedings the fruits of electronic surveillance and 
                unconsented physical searches authorized under the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.) without regard to subsections (c), 
                (e), (f), (g), and (h) of section 106 of that Act.
                    ``(B) No discovery of electronic surveillance 
                information.--An alien subject to removal under this 
                title shall have no right of discovery of information 
                derived from electronic surveillance authorized under 
                the Foreign Intelligence Surveillance Act of 1978 or 
                otherwise for national security purposes. Nor shall 
                such alien have the right to seek suppression of 
                evidence.
                    ``(C) Certain procedures not applicable.--The 
                provisions and requirements of section 3504 of title 
                18, United States Code, shall not apply to procedures 
                under this title.
            ``(3) Rights of united states.--Nothing in this section 
        shall prevent the United States from seeking protective orders 
        and from asserting privileges ordinarily available to the 
        United States to protect against the disclosure of classified 
        information, including the invocation of the military and state 
        secrets privileges.
    ``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence 
shall not apply to hearings under this section. Evidence introduced at 
the special removal hearing, either in open session or in camera and ex 
parte, may, in the discretion of the Department of Justice, include all 
or part of the information presented under section 504 used to obtain 
the order for the hearing under this section.
    ``(g) Arguments.--Following the receipt of evidence, the attorneys 
for the Department of Justice and for the alien shall be given fair 
opportunity to present argument as to whether the evidence is 
sufficient to justify the removal of the alien. The attorney for the 
Department of Justice shall open the argument. The attorney for the 
alien shall be permitted to reply. The attorney for the Department of 
Justice shall then be permitted to reply in rebuttal. The judge may 
allow any part of the argument that refers to evidence received in 
camera and ex parte to be heard in camera and ex parte.
    ``(h) Burden of Proof.--In the hearing the Department of Justice 
has the burden of showing by clear and convincing evidence that the 
alien is subject to removal because the alien is an alien terrorist. If 
the judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and detained pending removal from 
the United States. If the alien was released pending the special 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
    ``(i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (e) 
shall not be made available to the alien or the public.

               ``consideration of classified information

    ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case 
in which the application for the order authorizing the special 
procedures of this title is approved, the judge who granted the order 
shall consider each item of classified information the Department of 
Justice proposes to introduce in camera and ex parte at the special 
removal hearing and shall order the introduction of such information 
pursuant to section 505(e) if the judge determines the information to 
be relevant.
    ``(b) Preparation and Provision of Written Summary.--
            ``(1) Preparation.--The Department of Justice shall prepare 
        a written summary of such classified information which does not 
        pose a risk to national security.
            ``(2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as the 
        judge finds that the summary is sufficient--
                    ``(A) to inform the alien of the general nature of 
                the evidence that the alien is an alien terrorist, and
                    ``(B) to permit the alien to prepare a defense 
                against deportation.
        The Department of Justice shall cause to be delivered to the 
        alien a copy of the summary.
            ``(3) Opportunity for correction and resubmittal.--If the 
        judge does not approve the summary, the judge shall provide the 
        Department a reasonable opportunity to correct the deficiencies 
        identified by the court and to submit a revised summary.
            ``(4) Conditions for termination of proceedings if summary 
        not approved.--
                    ``(A) In general.--If, subsequent to the 
                opportunity described in paragraph (3), the judge does 
                not approve the summary, the judge shall terminate the 
                special removal hearing unless the judge makes the 
                findings described in subparagraph (B).
                    ``(B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, that--
                            ``(i) the continued presence of the alien 
                        in the United States would likely cause serious 
                        and irreparable harm to the national security 
                        or death or serious bodily injury to any 
                        person, and
                            ``(ii) the provision of the required 
                        summary would likely cause serious and 
                        irreparable harm to the national security or 
                        death or serious bodily injury to any person.
            ``(5) Continuation of hearing without summary.--If a judge 
        makes the findings described in paragraph (4)(B)--
                    ``(A) if the alien involved is an alien lawfully 
                admitted for permanent residence, the procedures 
                described in subsection (c) shall apply; and
                    ``(B) in all cases the special removal hearing 
                shall continue, the Department of Justice shall cause 
                to be delivered to the alien a statement that no 
                summary is possible, and the classified information 
                submitted in camera and ex parte may be used pursuant 
                to section 505(e).
    ``(c) Special Procedures for Access and Challenges to Classified 
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
            ``(1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the special 
        removal court) shall designate a special attorney to assist the 
        alien--
                    ``(A) by reviewing in camera the classified 
                information on behalf of the alien, and
                    ``(B) by challenging through an in camera 
                proceeding the veracity of the evidence contained in 
                the classified information.
            ``(2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                    ``(A) shall not disclose the information to the 
                alien or to any other attorney representing the alien, 
                and
                    ``(B) who discloses such information in violation 
                of subparagraph (A) shall be subject to a fine under 
                title 18, United States Code, imprisoned for not less 
                than 10 years nor more than 25 years, or both.

                               ``appeals

    ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The 
Department of Justice may seek a review of the denial of an order 
sought in an application by the United States Court of Appeals for the 
District of Columbia Circuit by notice of appeal which must be filed 
within 20 days after the date of such denial. In such a case the entire 
record of the proceeding shall be transmitted to the Court of Appeals 
under seal and the Court of Appeals shall hear the matter ex parte. In 
such a case the Court of Appeals shall review questions of law de novo, 
but a prior finding on any question of fact shall not be set aside 
unless such finding was clearly erroneous.
    ``(b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to the 
United States Court of Appeals for the District of Columbia Circuit 
of--
            ``(1) any determination by the judge pursuant to section 
        506(a)--
                    ``(A) concerning whether an item of evidence may be 
                introduced in camera and ex parte, or
                    ``(B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex parte 
                prepared pursuant to section 506(b); or
            ``(2) the refusal of the court to make the findings 
        permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal and 
the matter shall be heard ex parte.
    ``(c) Appeals of Decision in Hearing.--
            ``(1) In general.--Subject to paragraph (2), the decision 
        of the judge after a special removal hearing may be appealed by 
        either the alien or the Department of Justice to the United 
        States Court of Appeals for the District of Columbia Circuit by 
        notice of appeal.
            ``(2) Automatic appeals in cases of permanent resident 
        aliens in which no summary provided.--
                    ``(A) In general.--Unless the alien waives the 
                right to a review under this paragraph, in any case 
                involving an alien lawfully admitted for permanent 
                residence who is denied a written summary of classified 
                information under section 506(b)(4) and with respect to 
                which the procedures described in section 506(c) apply, 
                any order issued by the judge shall be reviewed by the 
                Court of Appeals for the District of Columbia Circuit.
                    ``(B) Use of special attorney.--With respect to any 
                issue relating to classified information that arises in 
                such review, the alien shall be represented only by the 
                special attorney designated under section 506(c)(1) on 
                behalf of the alien.
    ``(d) General Provisions Relating to Appeals.--
            ``(1) Notice.--A notice of appeal pursuant to subsection 
        (b) or (c) (other than under subsection (c)(2)) must be filed 
        within 20 days after the date of the order with respect to 
        which the appeal is sought, during which time the order shall 
        not be executed.
            ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c)--
                    ``(A) the entire record shall be transmitted to the 
                Court of Appeals, and
                    ``(B) information received pursuant to section 
                505(e), and any portion of the judge's order that would 
                reveal the substance or source of such information, 
                shall be transmitted under seal.
            ``(3) Expedited appellate proceeding.--In an appeal or 
        review to the Court of Appeals pursuant to subsection (b) or 
        (c):
                    ``(A) Review.--The appeal or review shall be heard 
                as expeditiously as practicable and the Court may 
                dispense with full briefing and hear the matter solely 
                on the record of the judge of the special removal court 
                and on such briefs or motions as the Court may require 
                to be filed by the parties.
                    ``(B) Disposition.--The Court shall uphold or 
                reverse the judge's order within 60 days after the date 
                of the issuance of the judge's final order.
            ``(4) Standard for review.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c):
                    ``(A) Questions of law.--The Court of Appeals shall 
                review all questions of law de novo.
                    ``(B) Questions of fact.--(i) Subject to clause 
                (ii), a prior finding on any question of fact shall not 
be set aside unless such finding was clearly erroneous.
                    ``(ii) In the case of a review under subsection 
                (c)(2) in which an alien lawfully admitted for 
                permanent residence was denied a written summary of 
                classified information under section 506(b)(4), the 
                Court of Appeals shall review questions of fact de 
                novo.
    ``(e) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (b) or (c), either the alien or the Department 
of Justice may petition the Supreme Court for a writ of certiorari. In 
any such case, any information transmitted to the Court of Appeals 
under seal shall, if such information is also submitted to the Supreme 
Court, be transmitted under seal. Any order of removal shall not be 
stayed pending disposition of a writ of certiorari except as provided 
by the Court of Appeals or a Justice of the Supreme Court.
    ``(f) Appeals of Detention Orders.--
            ``(1) In general.-- The provisions of sections 3145 through 
        3148 of title 18, United States Code, pertaining to review and 
        appeal of a release or detention order, penalties for failure 
        to appear, penalties for an offense committed while on release, 
        and sanctions for violation of a release condition shall apply 
        to an alien to whom section 508(b)(1) applies. In applying the 
        previous sentence--
                    ``(A) for purposes of section 3145 of such title an 
                appeal shall be taken to the United States Court of 
                Appeals for the District of Columbia Circuit, and
                    ``(B) for purposes of section 3146 of such title 
                the alien shall be considered released in connection 
                with a charge of an offense punishable by life 
                imprisonment.
            ``(2) No review of continued detention.--The determinations 
        and actions of the Attorney General pursuant to section 
        508(c)(2)(C) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.

                        ``detention and custody

    ``Sec. 508. (a) Initial Custody.--
            ``(1) Upon filing application.--Subject to paragraph (2), 
        the Attorney General may take into custody any alien with 
        respect to whom an application under section 503 has been filed 
        and, notwithstanding any other provision of law, may retain 
        such an alien in custody in accordance with the procedures 
        authorized by this title.
            ``(2) Special rules for permanent resident aliens.--An 
        alien lawfully admitted for permanent residence shall be 
        entitled to a release hearing before the judge assigned to hear 
        the special removal hearing. Such an alien shall be detained 
        pending the special removal hearing, unless the alien 
        demonstrates to the court that--
                    ``(A) the alien, if released upon such terms and 
                conditions as the court may prescribe (including the 
                posting of any monetary amount), is not likely to flee, 
                and
                    ``(B) the alien's release will not endanger 
                national security or the safety of any person or the 
                community.
        The judge may consider classified information submitted in 
        camera and ex parte in making a determination under this 
        paragraph.
            ``(3) Release if order denied and no review sought.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a judge of the special removal court denies the order 
                sought in an application with respect to an alien and 
                the Department of Justice does not seek review of such 
                denial, the alien shall be released from custody.
                    ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.
    ``(b) Conditional Release If Order Denied and Review Sought.--
            ``(1) In general.--If a judge of the special removal court 
        denies the order sought in an application with respect to an 
        alien and the Department of Justice seeks review of such 
        denial, the judge shall release the alien from custody subject 
        to the least restrictive condition or combination of conditions 
        of release described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(c)(1)(B) of title 18, United States Code, 
        that will reasonably assure the appearance of the alien at any 
        future proceeding pursuant to this title and will not endanger 
        the safety of any other person or the community.
            ``(2) No release for certain aliens.--If the judge finds no 
        such condition or combination of conditions, the alien shall 
        remain in custody until the completion of any appeal authorized 
        by this title.
    ``(c) Custody and Release After Hearing.--
            ``(1) Release.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                the judge decides pursuant to section 505(i) that an 
                alien should not be removed, the alien shall be 
                released from custody.
                    ``(B) Custody pending appeal.--If the Attorney 
                General takes an appeal from such decision, the alien 
                shall remain in custody, subject to the provisions of 
                section 3142 of title 18, United States Code.
            ``(2) Custody and removal.--
                    ``(A) Custody.--If the judge decides pursuant to 
                section 505(i) that an alien shall be removed, the 
                alien shall be detained pending the outcome of any 
                appeal. After the conclusion of any judicial review 
                thereof which affirms the removal order, the Attorney 
                General shall retain the alien in custody and remove 
                the alien to a country specified under subparagraph 
                (B).
                    ``(B) Removal.--
                            ``(i) In general.--The removal of an alien 
                        shall be to any country which the alien shall 
                        designate if such designation does not, in the 
                        judgment of the Attorney General, in 
                        consultation with the Secretary of State, 
                        impair the obligation of the United States 
                        under any treaty (including a treaty pertaining 
                        to extradition) or otherwise adversely affect 
                        the foreign policy of the United States.
                            ``(ii) Alternate countries.--If the alien 
                        refuses to designate a country to which the 
                        alien wishes to be removed or if the Attorney 
                        General, in consultation with the Secretary of 
                        State, determines that removal of the alien to 
                        the country so designated would impair a treaty 
                        obligation or adversely affect United States 
                        foreign policy, the Attorney General shall 
                        cause the alien to be removed to any country 
                        willing to receive such alien.
                    ``(C) Continued detention.--If no country is 
                willing to receive such an alien, the Attorney General 
                may, notwithstanding any other provision of law, retain 
                the alien in custody. The Attorney General, in 
                coordination with the Secretary of State, shall make 
                periodic efforts to reach agreement with other 
                countries to accept such an alien and at least every 6 
                months shall provide to the attorney representing the 
                alien at the special removal hearing a written report 
                on the Attorney General's efforts. Any alien in custody 
                pursuant to this subparagraph shall be released from 
                custody solely at the discretion of the Attorney 
                General and subject to such conditions as the Attorney 
                General shall deem appropriate.
                    ``(D) Fingerprinting.--Before an alien is 
                transported out of the United States pursuant to this 
                subsection, or pursuant to an order of exclusion 
                because such alien is excludable under section 
                212(a)(3)(B), the alien shall be photographed and 
                fingerprinted, and shall be advised of the provisions 
                of subsection 276(b).
    ``(d) Continued Detention Pending Trial.--
            ``(1) Delay in removal.--Notwithstanding the provisions of 
        subsection (c)(2), the Attorney General may hold in abeyance 
        the removal of an alien who has been ordered removed pursuant 
        to this title to allow the trial of such alien on any Federal 
        or State criminal charge and the service of any sentence of 
        confinement resulting from such a trial.
            ``(2) Maintenance of custody.--Pending the commencement of 
        any service of a sentence of confinement by an alien described 
        in paragraph (1), such an alien shall remain in the custody of 
        the Attorney General, unless the Attorney General determines 
        that temporary release of the alien to the custody of State 
        authorities for confinement in a State facility is appropriate 
        and would not endanger national security or public safety.
            ``(3) Subsequent removal.--Following the completion of a 
        sentence of confinement by an alien described in paragraph (1) 
        or following the completion of State criminal proceedings which 
        do not result in a sentence of confinement of an alien released 
        to the custody of State authorities pursuant to paragraph (2), 
        such an alien shall be returned to the custody of the Attorney 
        General who shall proceed to carry out the provisions of 
        subsection (c)(2) concerning removal of the alien.
    ``(e) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of a felony.
    ``(f) Rights of Aliens in Custody.--
            ``(1) Family and attorney visits.--An alien in the custody 
        of the Attorney General pursuant to this title shall be given 
        reasonable opportunity to communicate with and receive visits 
        from members of the alien's family, and to contact, retain, and 
        communicate with an attorney.
            ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.
    (b) Criminal Penalty for Reentry of Alien Terrorists.--Section 
276(b) (8 U.S.C. 1326(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1),
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'', and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) who has been excluded from the United States pursuant 
        to subsection 235(c) because the alien was excludable under 
        subsection 212(a)(3)(B) or who has been removed from the United 
        States pursuant to the provisions of title V, and who 
        thereafter, without the permission of the Attorney General, 
        enters the United States or attempts to do so shall be fined 
        under title 18, United States Code, and imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence.''.
    (c) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
(8 U.S.C. 1105a(a)) is amended--
            (1) by adding ``and'' at the end of paragraph (8),
            (2) by striking ``; and'' at the end of paragraph (9) and 
        inserting a period, and
            (3) by striking paragraph (10).
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

    In addition to amounts otherwise appropriated, there are authorized 
to be appropriated for each fiscal year (beginning with fiscal year 
1996) $5,000,000 to the Immigration and Naturalization Service for the 
purpose of detaining and removing alien terrorists.

   PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF 
              INADMISSIBILITY.

    (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I),
                    (B) in subclause (II), by inserting ``engaged in 
                or'' after ``believe,'', and
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) is a representative of a 
                                terrorist organization, or
                                    ``(IV) is a member of a terrorist 
                                organization which the alien knows or 
                                should have known is a terrorist 
                                organization,''; and
            (2) by adding at the end the following:
                            ``(iv) Terrorist organization defined.--
                                    ``(I) Designation.--For purposes of 
                                this Act, the term `terrorist 
                                organization' means a foreign 
                                organization designated in the Federal 
                                Register as a terrorist organization by 
                                the Secretary of State, in consultation 
                                with the Attorney General, based upon a 
                                finding that the organization engages 
                                in, or has engaged in, terrorist 
                                activity that threatens the national 
                                security of the United States.
                                    ``(II) Process.--At least 3 days 
                                before designating an organization as a 
                                terrorist organization through 
                                publication in the Federal Register, 
                                the Secretary of State, in consultation 
                                with the Attorney General, shall notify 
                                the Committees on the Judiciary of the 
                                House of Representatives and the Senate 
                                of the intent to make such designation 
                                and the findings and basis for 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall create an administrative record 
                                and may use classified information in 
                                making such a designation. Such 
                                information is not subject to 
                                disclosure so long as it remains 
                                classified, except that it may be 
                                disclosed to a court ex parte and in 
                                camera under subclause (III) for 
                                purposes of judicial review of such a 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall provide notice and an opportunity 
                                for public comment prior to the 
                                creation of the administrative record 
                                under this subclause.
                                    ``(III) Judicial review.--Any 
                                organization designated as a terrorist 
                                organization under the preceding 
                                provisions of this clause may, not 
                                later than 30 days after the date of 
                                the designation, seek judicial review 
                                thereof in the United States Court of 
                                Appeals for the District of Columbia 
                                Circuit. Such review shall be based 
                                solely upon the administrative record, 
                                except that the Government may submit, 
                                for ex parte and in camera review, 
                                classified information considered in 
                                making the designation. The court shall 
                                hold unlawful and set aside the 
                                designation if the court finds the 
                                designation to be arbitrary, 
                                capricious, an abuse of discretion, or 
                                otherwise not in accordance with law, 
                                lacking substantial support in the 
                                administrative record taken as a whole 
                                or in classified information submitted 
                                to the court under the previous 
                                sentence, contrary to constitutional 
                                right, power, privilege, or immunity, 
                                or not in accord with the procedures 
                                required by law.
                                    ``(IV) Congressional removal 
                                authority.--The Congress reserves the 
                                authority to remove, by law, the 
                                designation of an organization as a 
                                terrorist organization for purposes of 
                                this Act.
                                    ``(V) Sunset.--Subject to subclause 
                                (IV), the designation under this clause 
of an organization as a terrorist organization shall be effective for a 
period of 2 years from the date of the initial publication of the 
terrorist organization designation by the Secretary of State. At the 
end of such period (but no sooner than 60 days prior to the termination 
of the 2-year-designation period), the Secretary of State, in 
consultation with the Attorney General, may redesignate the 
organization in conformity with the requirements of this clause for 
designation of the organization.
                                    ``(VI) Removal authority.--The 
                                Secretary of State, in consultation 
                                with the Attorney General, may remove 
                                the terrorist organization designation 
                                from any organization previously 
                                designated as such an organization, at 
                                any time, so long as the Secretary 
                                publishes notice of the removal in the 
                                Federal Register. The Secretary is not 
                                required to report to Congress prior to 
                                so removing such designation.
                            ``(v) Representative defined.--In this 
                        subparagraph, the term `representative' 
                        includes an officer, official, or spokesman of 
                        the organization and any person who directs, 
                        counsels, commands or induces the organization 
                        or its members to engage in terrorist 
                        activity.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

    (a) Withholding of Deportation.--Section 243(h)(2) (8 U.S.C. 
1253(h)(2)) is amended by adding at the end the following new sentence: 
``For purposes of subparagraph (D), an alien who is described in 
section 241(a)(4)(B) shall be considered to be an alien for whom there 
are reasonable grounds for regarding as a danger to the security of the 
United States.''.
    (b) Suspension of Deportation.--Section 244(a) (8 U.S.C. 1254(a)) 
is amended by striking ``section 241(a)(4)(D)'' and inserting 
``subparagraph (B) or (D) of section 241(a)(4)''.
    (c) Voluntary Departure.--Section 244(e)(2) (8 U.S.C. 1254(e)(2)) 
is amended by inserting ``under section 241(a)(4)(B) or'' after ``who 
is deportable''.
    (d) Adjustment of Status.--Section 245(c) (8 U.S.C. 1255(c)) is 
amended--
            (1) by striking ``or'' before ``(5)'', and
            (2) by inserting before the period at the end the 
        following: ``, or (6) an alien who is deportable under section 
        241(a)(4)(B)''.
    (e) Registry.--Section 249(d) (8 U.S.C. 1259(d)) is amended by 
inserting ``and is not deportable under section 241(a)(4)(B)'' after 
``ineligible to citizenship''.
    (f) Effective Date.--(1) The amendments made by this section shall 
take effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date if final action has 
not been taken on them before such date.
    (2) The amendments made by subsections (a) through (c) are 
subsequently superseded by the amendments made by subtitle A.

 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

                                                  Title III, Subtitle C

SEC. 341. DEFINITION OF STOWAWAY.

    (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) 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 
        either concealment on board such vessel or aircraft or evasion 
        of that carrier's standard boarding procedures.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING.

    (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is amended--
            (1) by amending the first sentence to read as follows: ``In 
        connection with the arrival of any person by water or by air at 
        any port within the United States from any place outside the 
        United States, it shall be the duty of the master or commanding 
        officer, or authorized agent, owner, or consignee of the vessel 
        or aircraft, having such person on board to deliver to the 
        immigration officers at the port of arrival, or other place 
        designated by the Attorney General, electronic, typewritten, or 
        printed lists or manifests of the persons on board such vessel 
        or aircraft.'';
            (2) in the second sentence, by striking ``shall be 
        prepared'' and inserting ``shall be prepared and submitted''; 
        and
            (3) by inserting after the second sentence the following 
        sentence: ``Such lists or manifests shall contain, but not be 
        limited to, for each person transported, the person's full 
        name, date of birth, gender, citizenship, travel document 
        number (if applicable) and arriving flight number.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to vessels or aircraft arriving at ports of entry on or after 
such date (not later than 60 days after the date of the enactment of 
this Act) as the Attorney General shall specify.

SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR TRANSIT WITHOUT VISA 
              ALIENS.

    (a) In General.--Section 238(c) (8 U.S.C. 1228(c)), before 
redesignation as section 233 under section 308(b)(4), is amended--
            (1) by inserting ``(1)'' after ``(a)'', and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding any other provision of this Act and in 
consideration for bringing aliens transiting through the United States 
without a visa, a transportation line that has entered into a contract 
under this section is deemed to have agreed to indemnify the United 
States against any costs for the detention and removal from the United 
States of any such alien who for any reason--
            ``(A) is refused admission to the United States,
            ``(B) fails to continue the alien's journey to a foreign 
        country within the time prescribed by regulation, or
            ``(C) is refused admission by the foreign country to which 
        the alien is travelling while transiting through the United 
        States. ''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens arriving in the United States on or after such date 
(not later than 60 days after the date of the enactment of this Act) as 
the Attorney General shall specify.

SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE ALIENS FROM 
              CONTIGUOUS TERRITORIES.

    (a) In General.--Section 273 (8 U.S.C. 1323) is amended--
            (1) in subsection (a), by striking ``(other than from 
        foreign contiguous territory)'', and
            (2) in subsection (b), by striking ``$3,000'' and inserting 
        ``$5,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to aliens arriving in the United States on or after such date 
(not later than 60 days after the date of the enactment of this Act) as 
the Attorney General shall specify.

                   Subtitle D--Additional Provisions

                                                  Title III, Subtitle D

SEC. 351. DEFINITION OF CONVICTION.

    (a) In General.--Section 101(a) (8 U.S.C. 1101(a)), as amended by 
section 341, is amended by adding at the end the following new 
paragraph:
            ``(48) The term `conviction' means a formal judgment of 
        guilt entered by a court or, if adjudication of guilt has been 
        withheld, where all of the following elements are present:
                    ``(A) A judge or jury has found the alien guilty or 
                the alien has entered a plea of guilty or nolo 
                contendere or has admitted sufficient facts to warrant 
                a finding of guilt.
                    ``(B) The judge has ordered some form of 
                punishment, penalty, or restraint on the alien's 
                liberty to be imposed.
                    ``(C) A judgment or adjudication of guilt may be 
                entered if the alien violates the terms of the 
                probation or fails to comply with the requirements of 
                the court's order, without availability of further 
                proceedings regarding the alien's guilt or innocence of 
                the original charge.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to convictions entered before, on, or after the date of the 
enactment of this Act.

SEC. 352. USE OF TERM ``IMMIGRATION JUDGE''.

    (a) Definition of Term.--Paragraph (4) of section 101(b) (8 U.S.C. 
1101(b)) is amended to read as follows:
    ``(4) The term `immigration judge' means an attorney whom the 
Attorney General deems specially qualified to conduct specified classes 
of proceedings, including a hearing under section 240. An immigration 
judge shall be subject to such supervision and shall perform such 
duties as the Attorney General shall prescribe, but shall not be 
employed by the Immigration and Naturalization Service.''.
    (b) Substitution for Term ``Special Inquiry Officer''.--The 
Immigration and Nationality Act is amended by striking ``special 
inquiry officer'' and ``special inquiry officers'' and inserting 
``immigration judge'' and ``immigration judges'', respectively, each 
place it appears in the following sections:
            (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
            (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
            (3) Section 234 (8 U.S.C. 1224).
            (4) Section 235 (8 U.S.C. 1225).
            (5) Section 236 (8 U.S.C. 1226).
            (6) Section 242(b) (8 U.S.C. 1252(b)).
            (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).
            (8) Section 292 (8 U.S.C. 1362).
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

    (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is amended by 
adding at the end the following sentence: ``Nothing in this subsection 
shall require the Attorney General to rescind the alien's status prior 
to commencement of procedures to remove the alien under section 240, 
and an order of removal issued by an immigration judge shall be 
sufficient to rescind the alien's status.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the title III-A effective date (as defined in section 
309(a)).

SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 274C the following new section:

                ``civil penalties for failure to depart

    ``Sec. 274D. (a) In General.--Any alien subject to a final order of 
removal who--
            ``(1) willfully fails or refuses to--
                    ``(A) depart from the United States pursuant to the 
                order,
                    ``(B) make timely application in good faith for 
                travel or other documents necessary for departure, or
                    ``(C) present for removal at the time and place 
                required by the Attorney General; or
            ``(2) conspires to or takes any action designed to prevent 
        or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more $500 to the Commissioner for each 
day the alien is in violation of this section.
    ``(b) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed by section 243(a) or any other section of this 
Act.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 274C the following new 
item:

``Sec. 274D. Civil penalties for failure to depart.''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to actions occurring on or after the title III-A effective date 
(as defined in section 309(a)).

SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.

    (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
            (1) by amending the first sentence to read as follows: 
        ``The district courts of the United States shall have 
        jurisdiction of all causes, civil and criminal, brought by the 
        United States that arise under the provisions of this title.'', 
        and
            (2) by adding at the end the following new sentence: 
        ``Nothing in this section shall be construed as providing 
        jurisdiction for suits against the United States or its 
        agencies or officers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to actions filed after the date of the enactment of this Act.

SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR INSTITUTIONAL HEARING 
              PROGRAM.

    (a) Authorization of Temporary Employment of Certain Annuitants and 
Retirees.--For the purpose of performing duties in connection with 
supporting the enhanced Institutional Hearing Program, the Attorney 
General may employ for a period not to exceed 24 months (beginning 3 
months after the date of the enactment of this Act) not more than 300 
individuals (at any one time) who, by reason of separation from service 
on or before January 1, 1995, are receiving--
            (1) annuities under the provisions of subchapter III of 
        chapter 83 of title 5, United States Code, or chapter 84 of 
        such title;
            (2) annuities under any other retirement system for 
        employees of the Federal Government; or
            (3) retired or retainer pay as retired officers of regular 
        components of the uniformed services.
    (b) No Reduction in Annuity or Retirement Pay or Redetermination of 
Pay During Temporary Employment.--
            (1) Retirees under civil service retirement system and 
        federal employees' retirement system.--In the case of an 
        individual employed under subsection (a) who is receiving an 
        annuity described in subsection (a)(1)--
                    (A) such individual's annuity shall continue during 
                the employment under subsection (a) and shall not be 
                increased as a result of service performed during that 
                employment;
                    (B) retirement deductions shall not be withheld 
                from such individual's pay; and
                    (C) such individual's pay shall not be subject to 
                any deduction based on the portion of such individual's 
                annuity which is allocable to the period of employment.
            (2) Other federal retirees.--The President shall apply the 
        provisions of paragraph (1) to individuals who are receiving an 
        annuity described in subsection (a)(2) and who are employed 
        under subsection (a) in the same manner and to the same extent 
        as such provisions apply to individuals who are receiving an 
        annuity described in subsection (a)(1) and who are employed 
        under subsection (a).
            (3) Retired officers of the uniform services.--The retired 
        or retainer pay of a retired officer of a regular component of 
        a uniformed service shall not be reduced under section 5532 of 
        title 5, United States Code, by reason of temporary employment 
        authorized under subsection (a).

SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 
              AND PASSPORT AND VISA FRAUD.

    (a) Failing to Depart.--The United States Sentencing Commission 
shall promptly promulgate, pursuant to section 994 of title 28, United 
States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
section 242(e) and 276(b) of the Immigration and Nationality Act (8 
U.S.C. 1252(e) and 1326(b)) to reflect the amendments made by section 
130001 of the Violent Crime Control and Law Enforcement Act of 1994.
    (b) Passport and Visa Offenses.--The United States Sentencing 
Commission shall promptly promulgate, pursuant to section 994 of title 
28, United States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
chapter 75 of title 18, United States Code to reflect the amendments 
made by section 130009 of the Violent Crime Control and Law Enforcement 
Act of 1994.

SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

    In addition to the amounts otherwise authorized to be appropriated 
for each fiscal year beginning with fiscal year 1996, there are 
authorized to be appropriated to the Attorney General $150,000,000 for 
costs associated with the removal of inadmissible or deportable aliens, 
including costs of detention of such aliens pending their removal, the 
hiring of more investigators, and the hiring of more detention and 
deportation officers.

SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

    (a) In General.--Subsection (b) of section 280 (8 U.S.C. 1330(b)) 
is amended to read as follows:
    ``(b)(1) There is established in the general fund of the Treasury a 
separate account which shall be known as the `Immigration Enforcement 
Account'. Notwithstanding any other section of this title, there shall 
be deposited as offsetting receipts into the Immigration Enforcement 
Account amounts described in paragraph (2) to remain available until 
expended.
    ``(2) The amounts described in this paragraph are the following:
            ``(A) The increase in penalties collected resulting from 
        the amendments made by sections 203(b) and 543(a) of the 
        Immigration Act of 1990.
            ``(B) Civil penalties collected under sections 240B(d), 
        274C, 274D, and 275(b).
    ``(3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount paid 
out of such appropriation for expenses incurred by the Attorney General 
for activities that enhance enforcement of provisions of this title, 
including--
            ``(i) the identification, investigation, apprehension, 
        detention, and removal of criminal aliens;
            ``(ii) the maintenance and updating of a system to identify 
        and track criminal aliens, deportable aliens, inadmissible 
        aliens, and alien illegally entering the United States; and
            ``(iii) for the repair, maintenance, or construction on the 
        United States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, of structures to deter illegal 
        entry into the United States.
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis of 
estimates made by the Attorney General of the expenses referred to in 
subparagraph (A). Proper adjustments shall be made in the amounts 
subsequently refunded under subparagraph (A) to the extent prior 
estimates were in excess of, or less than, the amount required to be 
refunded under subparagraph (A).''.
    (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 U.S.C. 
1356(h)(1)(B)) is amended by striking ``271'' and inserting ``243(c), 
271,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fines and penalties collected on or after the date of the 
enactment of this Act.

SEC. 360. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be--
            (1) to expedite the transfer of aliens unlawfully in the 
        United States who are (or are about to be) incarcerated in 
        United States prisons,
            (2) to ensure that a transferred prisoner serves the 
        balance of the sentence imposed by the United States courts, 
        and
            (3) to eliminate any requirement of prisoner consent to 
        such a transfer.
In entering into such negotiations, the President may consider 
providing for appropriate compensation in cases where the United States 
is able to independently verify the adequacy of the sites where aliens 
will be imprisoned under such a treaty.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Subsection (a) of section 130002 of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-312) is amended to read as 
follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law 
enforcement agencies in identifying and locating aliens who may be 
subject to removal by reason of their conviction of aggravated 
felonies, subject to prosecution under section 275 of such Act, not 
lawfully present in the United States, or otherwise removable. Such 
system shall include providing for recording of fingerprint records of 
aliens who have been previously arrested and removed into appropriate 
automated fingerprint identification systems.''.

SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN 
              SECTION 274C VIOLATORS.

    (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is amended--
            (1) by amending subparagraph (F) of subsection (a)(6) to 
        read as follows:
            ``(F) Subject of civil penalty.--
                    ``(i) In general.--An alien who is the subject of a 
                final order for violation of section 274C is 
                inadmissible.
                    ``(ii) Waiver authorized.--For provision 
                authorizing waiver of clause (i), see subsection 
                (d)(12).''; and
            (2) by adding at the end of subsection (d) the following 
        new paragraph:
    ``(12) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive application of clause (i) of 
subsection (a)(6)(F)--
            ``(A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation and who is 
        otherwise admissible to the United States as a returning 
        resident under section 211(b), and
            ``(B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or under 
        section 203(a),
if the violation under section 274C was committed solely to assist, 
aid, or support the alien's spouse, parent, son, or daughter (and not 
another individual).''.
    (b) Ground of Deportation.--Subparagraph (C) of section 241(a)(3) 
(8 U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2), is 
amended to read as follows:
                    ``(C) Document fraud.--
                            ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is deportable.
                            ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of an 
                        alien lawfully admitted for permanent residence 
                        if the alien's civil money penalty under 
                        section 274C was incurred solely to assist, 
                        aid, or support the alien's spouse, parent, 
                        son, or daughter (and no other individual).''.

SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) (8 U.S.C. 1303(a)) is amended by striking ``and 
(5)'' and inserting ``(5) aliens who are or have been on criminal 
probation or criminal parole within the United States, and (6)''.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

                                                               Title IV

SEC. 401. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
              PROVISIONS.

    (a) In General.--The number of full-time equivalent positions in 
the Investigations Division within the Immigration and Naturalization 
Service of the Department of Justice beginning in fiscal year 1996 
shall be increased by 350 positions above the number of full-time 
equivalent positions available to such Division as of September 30, 
1994.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of the employer sanctions provisions contained in section 
274A of the Immigration and Nationality Act, including investigating 
reports of violations received from officers of the Employment 
Standards Administration of the Department of Labor.

SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

    (a) In General.--The number of full-time equivalent positions in 
the Wage and Hour Division with the Employment Standards Administration 
of the Department of Labor beginning in fiscal year 1996 shall be 
increased by 150 positions above the number of full-time equivalent 
positions available to the Wage and Hour Division as of September 30, 
1994.
    (b) Assignment.--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 undocumented aliens.

SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.

    (a) Reducing the Number of Documents Accepted for Employment 
Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) is amended--
            (1) in paragraph (1)(B)--
                    (A) by adding ``or'' at the end of clause (i),
                    (B) by striking clauses (ii) through (iv), and
                    (C) in clause (v), by striking ``or other alien 
                registration card, if the card'' and inserting ``, 
                alien registration card, or other document designated 
                by regulation by the Attorney General, if the 
                document'' and redesignating such clause as clause 
                (ii);
            (2) by amending subparagraph (C) of paragraph (1) to read 
        as follows:
                    ``(C) Social security account number card as 
                evidence of employment authorization.--A document 
                described in this subparagraph is an individual's 
                social security account number card (other than such a 
                card which specifies on the face that the issuance of 
                the card does not authorize employment in the United 
                States).''; and
            (3) by amending paragraph (2) to read as follows:
            ``(2) Individual attestation of employment authorization 
        and provision of social security account number.--The 
        individual must--
                    ``(A) attest, under penalty of perjury on the form 
                designated or established for purposes of paragraph 
                (1), that the individual is a citizen or national of 
                the United States, an alien lawfully admitted for 
                permanent residence, or an alien who is authorized 
                under this Act or by the Attorney General to be hired, 
                recruited, or referred for such employment; and
                    ``(B) provide on such form the individual's social 
                security account number.''.
    (b) Employment Eligibility Confirmation Process.--Section 274A (8 
U.S.C. 1324a) is amended--
            (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', and by adding at the end the following:
            ``(B) Failure to seek and obtain confirmation.--In the case 
        of a hiring of an individual for employment in the United 
        States, if such a person or entity--
                    ``(i) has not made an inquiry, under the mechanism 
                established under subsection (b)(6), seeking 
                confirmation of the identity, social security number, 
                and work eligibility of the individual, by not later 
                than the end of 2 working days (as specified by the 
                Attorney General) after the date of the hiring, the 
                defense under subparagraph (A) shall not be considered 
                to apply with respect to any employment after such 2 
                working days, and
                    ``(ii) has made the inquiry described in clause (i) 
                but has not received an appropriate confirmation of 
                such identity, number, and work eligibility under such 
                mechanism within the time period specified under 
                subsection (b)(6)(D)(iii) after the time the 
                confirmation inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
            (2) by amending paragraph (3) of subsection (b) to read as 
        follows:
            ``(3) Retention of verification form and confirmation.--
        After completion of such form in accordance with paragraphs (1) 
        and (2), the person or entity must--
                    ``(A) retain the form and make it available for 
                inspection by officers of the Service, the Special 
                Counsel for Immigration-Related Unfair Employment 
                Practices, or the Department of Labor during a period 
                beginning on the date of the hiring, recruiting, or 
                referral of the individual and ending--
                            ``(i) in the case of the recruiting or 
                        referral for a fee (without hiring) of an 
                        individual, three years after the date of the 
                        recruiting or referral, and
                            ``(ii) in the case of the hiring of an 
                        individual--
                                    ``(I) three years after the date of 
                                such hiring, or
                                    ``(II) one year after the date the 
                                individual's employment is terminated,
                        whichever is later; and
                    ``(B) for individuals hired on or after October 1, 
                1999 (or, in a State with respect to which a pilot 
                program described in section 403(e)(2)(B) of the 
                Immigration in the National Interest Act of 1995 is in 
                effect, on or after such earlier date as the Attorney 
                General specifies), seek (within 2 working days of the 
                date of hiring) and have (within the time period 
                specified under paragraph (6)(D)(iii)) the identity, 
                social security number, and work eligibility of the 
                individual confirmed in accordance with the procedures 
established under paragraph (6).''; and
            (3) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(6) Employment eligibility confirmation process.--
                    ``(A) In general.--The Attorney General shall 
                establish a confirmation mechanism through which the 
                Attorney General (or a designee of the Attorney 
                General)--
                            ``(i) responds to inquiries by employers, 
                        made through a toll-free telephone line or 
                        other electronic media in the form of an 
                        appropriate confirmation code or otherwise, on 
                        whether an individual is authorized to be 
                        employed by that employer, and
                            ``(ii) maintains a record that such an 
                        inquiry was made and the confirmation provided 
                        (or not provided).
                    ``(B) Expedited procedure in case of no 
                confirmation.--In connection with subparagraph (A), the 
                Attorney General shall establish, in consultation with 
                the Commissioner of Social Security and the 
                Commissioner of the Service, expedited procedures that 
                shall be used to confirm the validity of information 
                used under the confirmation mechanism in cases in which 
                the confirmation is sought but is not provided through 
                the confirmation mechanism.
                    ``(C) Design and operation of mechanism.--The 
                confirmation mechanism shall be designed and operated 
                to maximize--
                            ``(i) the reliability of the confirmation 
                        process, and
                            ``(ii) the ease of use by employers, 
                        recruiters, and referrers,
                consistent with insulating and protecting the privacy 
                and security of the underlying information.
                    ``(D) Confirmation process.--(i) As part of the 
                confirmation mechanism, the Commissioner of Social 
                Security shall establish a reliable, secure method, 
                which within the time period specified under clause 
                (iii), compares the name and social security account 
                number provided against such information maintained by 
                the Commissioner in order to confirm (or not confirm) 
                the validity of the information provided and whether 
                the account number indicates that the individual is 
                authorized to be employed in the United States. The 
                Commissioner shall not disclose or release social 
                security information.
                    ``(ii) As part of the confirmation mechanism, the 
                Commissioner of the Service shall establish a reliable, 
                secure method, which, within the time period specified 
                under clause (iii), compares the name and alien 
                identification number (if any) provided against such 
                information maintained by the Commissioner in order to 
                confirm (or not confirm) the validity of the 
                information provided and whether the alien is 
                authorized to be employed in the United States.
                    ``(iii) For purposes of this section, the Attorney 
                General shall specify, in consultation with the 
                Commissioner of Social Security and the Commissioner of 
                the Service, an expedited time period within which 
                confirmation is to be provided through the confirmation 
                mechanism.
                    ``(iv) The Commissioners shall update their 
                information in a manner that promotes the maximum 
                accuracy and shall provide a process for the prompt 
                correction of erroneous information.
                    ``(E) Protections.--(i) In no case shall an 
                individual be denied employment because of inaccurate 
                or inaccessible data under the confirmation mechanism.
                    ``(ii) The Attorney General shall assure that there 
                is a timely and accessible process to challenge 
                nonconfirmations made through the mechanism.
                    ``(F) Tester program.--As part of the confirmation 
                mechanism, the Attorney General shall implement a 
                program of testers and investigative activities 
                (similar to testing and other investigative activities 
                assisted under the fair housing initiatives program 
                under section 561 of the Housing and Community 
                Development Act of 1987 to enforce rights under the 
                Fair Housing Act) in order to monitor and prevent 
                unlawful discrimination under the mechanism.''.
    (c) Reduction of Paperwork for Certain Employees.--Section 274A(a) 
(8 U.S.C. 1324a(a)) is amended by adding at the end the following new 
paragraph:
            ``(6) Treatment of documentation for certain employees.--
                    ``(A) In general.--For purposes of paragraphs 
                (1)(B) and (3), if--
                            ``(i) an individual is a member of a 
                        collective-bargaining unit and is employed, 
                        under a collective bargaining agreement entered 
                        into between one or more employee organizations 
                        and an association of two or more employers, by 
                        an employer that is a member of such 
                        association, and
                            ``(ii) within the period specified in 
                        subparagraph (B), another employer that is a 
                        member of the association (or an agent of such 
                        association on behalf of the employer) has 
                        complied with the requirements of subsection 
                        (b) with respect to the employment of the 
                        individual,
                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection (b) with 
                respect to the hiring of the employee and shall not be 
                liable for civil penalties described in subsection 
                (e)(5).
                    ``(B) Period.--The period described in this 
                subparagraph is--
                            ``(i) up to 5 years in the case of an 
                        individual who has presented documentation 
                        identifying the individual as a national of the 
                        United States or as an alien lawfully admitted 
                        for permanent residence; or
                            ``(ii) up to 3 years (or, if less, the 
                        period of time that the individual is 
                        authorized to be employed in the United States) 
                        in the case of another individual.
                    ``(C) Liability.--
                            ``(i) In general.--If any employer that is 
                        a member of an association hires for employment 
                        in the United States an individual and relies 
                        upon the provisions of subparagraph (A) to 
                        comply with the requirements of subsection (b) 
                        and the individual is an unauthorized alien, 
                        then for the purposes of paragraph (1)(A), 
                        subject to clause (ii), the employer shall be 
                        presumed to have known at the time of hiring or 
                        afterward that the individual was an 
                        unauthorized alien.
                            ``(ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) may be 
                        rebutted by the employer only through the 
                        presentation of clear and convincing evidence 
                        that the employer did not know (and could not 
                        reasonably have known) that the individual at 
                        the time of hiring or afterward was an 
                        unauthorized alien.''.
    (d) Elimination of Dated Provisions.--Section 274A (8 U.S.C. 1324a) 
is amended by striking subsections (i) through (n).
    (e) Effective Dates.--
            (1) Except as provided in this subsection, the amendments 
        made by this section shall apply with respect to hiring (or 
        recruiting or referring) occurring on or after such date (not 
        later than 180 days after the date of the enactment of this 
        Act) as the Attorney General shall designate.
            (2)(A) The Attorney General shall establish the employment 
        eligibility confirmation mechanism (described in section 
        274A(b)(6) of the Immigration and Nationality Act, as added by 
        subsection (b)) by not later than October 1, 1999.
            (B) Before establishing the mechanism, the Attorney General 
        shall undertake such pilot projects for all employers, in at 
        least 5 of the 7 States with the highest estimated population 
        of unauthorized aliens, as will test and assure that the 
        mechanism implemented is reliable and easy to use. 
Such projects shall be initiated not later than 6 months after the date 
of the enactment of this Act.
            (C) The Attorney General shall submit to the Congress, 
        beginning in 1997, annual reports on the development and 
        implementation of the mechanism.
            (3) The amendment made by subsection (c) shall apply to 
        individuals hired on or after 60 days after the date of the 
        enactment of this Act.
            (4) The amendment made by subsection (d) shall take effect 
        on the date of the enactment of this Act.

SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

    Subsection (c) of section 290 (8 U.S.C. 1360) is amended to read as 
follows:
    ``(c)(1) Not later than 3 months after the end of each fiscal year 
(beginning with fiscal year 1995), the Commissioner of Social Security 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the aggregate number of social 
security account numbers issued to aliens not authorized to be employed 
to which earnings were reported to the Social Security Administration 
in such fiscal year.
    ``(2) If earnings are reported on or after January 1, 1996, to the 
Social Security Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner of Social Security shall provide the Attorney General with 
information regarding the name and address of the alien, the name and 
address of the person reporting the earnings, and the amount of the 
earnings. The information shall be provided in an electronic form 
agreed upon by the Commissioner and the Attorney General.''.

SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.

    Section 264 (8 U.S.C. 1304) is amended by adding at the end the 
following new subsection:
    ``(f) Notwithstanding any other provision of law, the Attorney 
General is authorized to require any alien to provide the alien's 
social security account number for purposes of inclusion in any record 
of the alien maintained by the Attorney General or the Service.''.

SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 
              PAPERWORK REQUIREMENTS.

    (a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (C),
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``, and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(E) under which a person or entity shall not be 
                considered to have failed to comply with the 
                requirements of subsection (b) based upon a technical 
                or procedural failure to meet a requirement of such 
                subsection in which there was a good faith attempt to 
                comply with the requirement unless (i) the Service (or 
                another enforcement agency) has explained to the person 
                or entity the basis for the failure, (ii) the person or 
                entity has been provided a period of not less than 10 
                business days (beginning after the date of the 
                explanation) within which to correct the failure, and 
                (iii) the person or entity has not corrected the 
                failure voluntarily within such period, except that 
                this subparagraph shall not apply with respect to the 
                engaging by any person or entity of a pattern or 
                practice of violations of subsection (a)(1)(A) or 
                (a)(2).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to failures occurring on or after the date of the enactment of 
this Act.

SEC. 407. REMEDIES IN UNFAIR IMMIGRATION-RELATED DISCRIMINATION ORDERS.

    (a) Requiring Certain Remedies.--Section 274B(g)(2) (8 U.S.C. 
1324b(g)(2)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``Such order also shall require the person or entity 
        to comply with the requirements of clauses (ii) and (vi) of 
        subparagraph (B).'';
            (2) in subparagraph (B), by striking ``Such an order'' and 
        inserting ``Subject to the second sentence of subparagraph (A), 
        such an order''; and
            (3) in subparagraph (B)(vi), by inserting before the 
        semicolon at the end the following: ``and to certify the fact 
        of such education''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to orders issued on or after the first day of the first month 
beginning at least 90 days after the date of the enactment of this Act.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

                                                                Title V

SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.

    This title amends the legal immigration provisions of the 
Immigration and Nationality Act so as to provide for the following 
(beginning with fiscal year 1997):
            (1) Division of immigration among 3 categories.--There will 
        be a worldwide level of immigration of approximately 535,000, 
        divided among--
                    (A) family-sponsored immigrants, with a worldwide 
                annual numerical limitation (after a transition) of 
                approximately 330,000,
                    (B) employment-based immigrants, with a worldwide 
                annual numerical limitation of 135,000, and
                    (C) humanitarian immigrants, with a worldwide 
                annual numerical limitation (after a transition) of 
                approximately 70,000.
        Congress is required to reevaluate and reauthorize these 
        numbers every 5 years.
            (2) Family-sponsored immigrants.--
                    (A) Categories.--Family-sponsored immigrants are 
                (i) spouses and children of citizens, (ii) spouses and 
                children of permanent resident aliens, and (iii) 
                parents of adult United States citizens if a majority 
                of the sons and daughters of the parents are in the 
                United States and the parents meet certain insurance 
                requirements.
                    (B) Numerical limitations.--
                            (i) There will be no direct numerical limit 
                        on admission of spouses and children of United 
                        States citizens.
                            (ii) The annual numerical limit on 
                        admission of spouses and children of permanent 
                        residents will be below 85,000.
            (3) Employment-based immigrants.--Employment-based 
        immigrants will fall within the following categories and 
        numerical limitations:
                    (A) Extraordinary immigrants.--First, aliens with 
                extraordinary ability, up to 15,000 each year.
                    (B) Very highly skilled immigrants.--Second, aliens 
                with exceptional ability, who are members of the 
                professions holding advanced degrees, or who are 
                multinational executives and managers, up to 60,000 
                each year, plus any left from the previous category.
                    (C) Other professionals and skilled workers.--
                Third, aliens who are either other professionals with a 
                baccalaureate degree and at least 5 years' experience 
                or skilled workers with at least 7 years of training 
                and work experience, up to 45,000 each year, plus any 
                left from the previous category.
                    (D) Investors.--Fourth, aliens who are investing at 
                least $1,000,000 in enterprises in the United States 
                that will employ at least 10 workers, up to 10,000 each 
                year (with a 2-year pilot program for those investing 
                at least $500,000 in enterprises employing at least 5 
                workers).
                    (E) Certain special immigrants.--Lastly, aliens who 
                fall within certain classes of special immigrants (such 
                as religious ministers, aliens who have worked for the 
                Government abroad, certain long-term alien employees of 
                international organizations, certain dependent 
                juveniles, and certain long-term alien members of the 
                Armed Forces), up to 5,000 each year.
            (4) Humanitarian immigrants.--Humanitarian immigrants will 
        fall within the following categories and numerical limitations:
                    (A) Refugees.--Refugees, subject to a numerical 
                limitation (after a transition and excluding emergency 
                refugees) of 50,000 or such higher number as the 
                Congress may provide by law.
                    (B) Asylees.--Aliens seeking asylum, subject to no 
                numerical limitation in any year. As under current law, 
                asylees may adjust to permanent residence status at a 
                rate of up to 10,000 each year.
                    (C) Other humanitarian immigrants.--Other 
                immigrants who are of special humanitarian concern to 
                the United States, up to 10,000 each year.
            (5) Transition.--
                    (A) Additional visa numbers for spouses and minor, 
                unmarried children of permanent resident aliens.--In 
                order to reduce the current backlog for spouses and 
                minor, unmarried children of lawful permanent 
                residents, there will be at least an additional 50,000 
                immigrant visa numbers made available for these aliens 
                for each of 5 fiscal years, with priority for spouses 
                and children of aliens who did not participate in a 
                legalization program.
                    (B) Phase-down in normal flow refugee numerical 
                limitation.--The annual numerical limitation on non-
                emergency refugees (without specific approval of 
                Congress) will be phased down to 75,000 in fiscal year 
                1997 and 50,000 in fiscal year 1998 and thereafter.

                 Subtitle A--Worldwide Numerical Limits

                                                    Title V, Subtitle A

SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED 
              IMMIGRANTS.

    (a) Overview.--
            (1) The amendment made by subsection (b) provides for a 
        worldwide level of family-sponsored immigrants of 330,000 less 
        the number of spouses and children of citizens admitted in the 
        previous year.
            (2) However, there will be no limit on spouses and children 
        of citizens nor would the number of visas available to spouses 
        and children of lawful permanent residents go below 85,000.
            (3) Any excess in family immigration above 330,000 would 
        come from other unused visas and, if necessary, from future 
        visa numbers.
            (4) If there are any unused family visas, those visas would 
        be added to the spouses and children of lawful permanent 
        resident aliens.
    (b) Amendment.--Subsection (c) of section 201 (8 U.S.C. 1151) is 
amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of family-sponsored 
        immigrants under this subsection (in this subsection referred 
        to as the `worldwide family level') for a fiscal year is 
        330,000.
            ``(2) Reduction for spouses and children of united states 
        citizens and certain other family-related immigrants.--The 
        worldwide family level for a fiscal year shall be reduced (but 
        not below 85,000) by the number of aliens described in 
        subsection (b)(2) who were issued immigrant visas or who 
        otherwise acquired the status of aliens lawfully admitted to 
        the United States for permanent residence in the previous 
        fiscal year.
            ``(3) Further reduction for any previous excess family 
        immigration.--
                    ``(A) In general.--If there are excess family 
                admissions in a particular fiscal year (as determined 
                under subparagraph (B)) beginning with fiscal year 
                1997, then for the following fiscal year the worldwide 
                family level shall be reduced (but not below 85,000) by 
                the net number of excess admissions in that particular 
                fiscal year (as defined in subparagraph (C)).
                    ``(B) Determination of excess family admissions.--
                For purposes of subparagraph (A), there are excess 
                family admissions in a fiscal year if--
                            ``(i) the number of aliens who are issued 
                        immigrant visas or who otherwise acquire the 
                        status of aliens lawfully admitted to the 
                        United States for permanent residence under 
                        section 203(a) or subsection (b)(2) in a fiscal 
                        year, exceeds
                            ``(ii) 330,000, less the carryforward 
                        number of excess admissions computed for the 
                        previous fiscal year (as defined in 
                        subparagraph (D)).
                For purposes of this subparagraph, immigrant visa 
                numbers issued under section 553 of the Immigration in 
                the National Interest Act of 1995 (relating to certain 
                transition immigrants) shall not be counted under 
                clause (i).
                    ``(C) Net number of excess admissions.--For 
                purposes of subparagraph (A), the `net number of excess 
                admissions' for a fiscal year is--
                            ``(i) the excess described in subparagraph 
                        (B) for the fiscal year, reduced (but not below 
                        zero) by
                            ``(ii) the number (if any) by which the 
                        worldwide level under subsection (d) for the 
                        previous fiscal year exceeds the number of 
                        immigrants who are issued immigrant visas or 
                        who otherwise acquire the status of aliens 
                        lawfully admitted to the United States for 
                        permanent residence under section 203(b) in 
                        that previous fiscal year.
                    ``(D) Carryforward number of excess admissions.--
                For purposes of subparagraph (B)(ii), the carryforward 
                number of excess admissions for a particular fiscal 
                year is the net number of excess admissions for the 
                previous fiscal year (as defined in subparagraph (C)), 
                reduced by the reductions effected under subparagraph 
                (A) and paragraph (4) in visa numbers for the 
                particular fiscal year.
            ``(4) Adjustment in certain employment-based visa numbers 
        in case of remaining excess family admissions.--
                    ``(A) In general.--If there is a remaining excess 
                number of family admissions (as described in 
                subparagraph (B)) in a fiscal year (beginning with 
                fiscal year 1997) that is greater than zero, then for 
                the following fiscal year there shall be reductions in 
                immigrant visa numbers made available, pursuant to 
                subsection (d) and paragraphs (3) and (4) of section 
                203(b), as follows:
                            ``(i) First, adjustment of up to \1/2\ of 
                        numbers of visas for investors.--First, the 
                        number of immigrant visa numbers made available 
                        under section 203(b)(4) shall be reduced by the 
                        lesser of--
                                    ``(I) the remaining excess number 
                                of family admissions (described in 
                                subparagraph (B)), or
                                    ``(II) \1/2\ of the maximum number 
                                of visa numbers that could (but for 
                                this paragraph) otherwise be made 
                                available under section 203(b)(4) in 
                                such following fiscal year.
                            ``(ii) Then, adjustment of up to \1/2\ of 
                        numbers of visas for professionals and skilled 
                        workers.--If the remaining excess number of 
                        family admissions is greater than the reduction 
                        in visa numbers effected under clause (i), then 
                        the number of immigrant visa numbers made 
                        available under section 203(b)(3) shall be 
                        reduced by the lesser of--
                                    ``(I) the remaining excess number 
                                of family admissions (described in 
                                subparagraph (B)) less the reduction in 
                                visa numbers effected under clause (i), 
                                or
                                    ``(II) \1/2\ of the maximum number 
                                of visa numbers that could (but for 
                                this paragraph) otherwise be made 
                                available under section 203(b)(3) in 
                                such following fiscal year.
                    ``(B) Remaining excess number of family admissions 
                described.--For purposes of subparagraph (A), the 
                remaining excess number of family admissions in a 
                fiscal year is the net number of excess admissions for 
                the fiscal year (as defined in paragraph (3)(C)), 
                reduced by the reduction (if any) effected under 
                paragraph (3) in visa numbers for the succeeding fiscal 
                year.''.

SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED 
              IMMIGRANTS.

    Subsection (d) of section 201 (8 U.S.C. 1151) is amended to read as 
follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is--
            ``(1) 135,000, minus
            ``(2) beginning with fiscal year 1998, the total of the 
        reductions (if any) in visa numbers made under subsection 
        (c)(4) for that fiscal year.''.

SEC. 503. ESTABLISHMENT OF NUMERICAL LIMITATION ON HUMANITARIAN 
              IMMIGRANTS.

    (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
            (1) in subsection (a)(3), by striking ``1995, diversity'' 
        and inserting ``1997, humanitarian'', and
            (2) by amending subsection (e) to read as follows:
    ``(e) Worldwide Level of Humanitarian Immigrants.--
            ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of humanitarian immigrants 
        is equal to 70,000 for each fiscal year.
            ``(2) Reduction for humanitarian immigrants who are 
        refugees or asylees.--Such worldwide level for a fiscal year 
        under paragraph (1) shall be reduced by the sum of--
                    ``(A) 50,000, or, if less, the number of aliens who 
                were admitted as refugees under section 207 in the 
                previous fiscal year, and
                    ``(B) the number of aliens who had been granted 
                asylum whose status was adjusted in the previous fiscal 
                year under section 209(b).
            ``(3) Reduction for prior year cancellation of removal and 
        registry.--Such worldwide level for a fiscal year under 
        paragraph (1) shall be further reduced by the sum of--
                    ``(A) the number of aliens whose removal was 
                canceled and who were provided lawful permanent 
                resident status in the previous fiscal year under 
                section 240A, and
                    ``(B) the number of aliens who were provided 
                permanent resident status in the previous fiscal year 
                under section 249.
            ``(4) Limitation.--In no case shall the worldwide level for 
        a fiscal year under this subsection (taking into account any 
        reductions under paragraphs (2) and (3)) exceed 10,000.''.

SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAUTHORIZATION OF 
              WORLDWIDE LEVELS EVERY 5 YEARS.

    Section 201 (8 U.S.C. 1151) is amended by adding at the end the 
following new subsection:
    ``(f) Requirement for Periodic Review and Reauthorization of 
Worldwide Levels.--
            ``(1) Congressional review.--The Committees on the 
        Judiciary of the House of Representatives and of the Senate 
        shall undertake during fiscal year 2004 (and each fifth fiscal 
        year thereafter) a thorough review of the appropriate worldwide 
        levels of immigration to be provided under this section during 
        the 5-fiscal-year period beginning with the second subsequent 
        fiscal year.
            ``(2) Congressional reauthorization.--The Congress, after 
        consideration of the reviews under paragraph (1) and by law, 
        shall specify the appropriate worldwide levels of immigration 
        to be provided under this section during the 5-fiscal-year 
        period beginning with the second subsequent fiscal year.
            ``(3) Sunset in absence of reauthorization.--The worldwide 
        levels specified under the previous provisions of this section 
        are applicable only to fiscal years 1997 through 2005 and 
        admissions after fiscal year 2005 that are subject to such 
        levels are only authorized to the extent provided by amendment 
        under paragraph (2) made to this section.''.

                Subtitle B--Changes in Preference System

                                                    Title V, Subtitle B

SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO SPOUSES AND CHILDREN.

    (a) Reclassification.--Section 201(b)(2)(A) (8 U.S.C. 
1151(b)(2)(A)) is amended--
            (1) in clause (i)--
                    (A) by striking ``Immediate rela- tives.--'' and 
                all that follows through the end of the first sentence 
                and inserting ``An alien who is a spouse or child of a 
                citizen of the United States.'', and
                    (B) in the second sentence, by striking ``an 
                immediate relative'' and inserting ``a spouse of a 
                citizen of the United States''; and
            (2) in clause (ii), by striking ``an immediate relative'' 
        and inserting ``a spouse of a citizen of the United States''.
    (b) Protection of Certain Children from Aging Out of Preference 
Status.--
            (1) In general.--Section 204 (8 U.S.C. 1154) is amended by 
        adding at the end the following new subsection:
    ``(i) For purposes of applying section 101(b)(1) in the case of 
issuance of an immigrant visa to, or admission or adjustment of status 
of, an alien under section 201(b)(1)(A), section 203(a)(1), or 203(d) 
as a child of a citizen of the United States or a permanent resident 
alien, the age of the alien shall be determined as of the date of the 
filing of the classification petition under section 204(a)(1) as such a 
child of a citizen of the United States or a permanent resident 
alien.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to immigrant visas issued on or after October 1, 
        1996.

SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.

    (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended by 
striking paragraphs (1) through (4) and inserting the following:
            ``(1) Spouses and children of lawful permanent resident 
        aliens.--Immigrants who are the spouses and children of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 85,000, plus any 
        immigrant visas not required for the class described in 
        paragraph (2).
            ``(2) Parents of united states citizens.--
                    ``(A) In general.--Immigrants who are the 
                qualifying parents (as defined in subparagraph (B)) of 
                an individual who is at least 21 years of age and a 
                citizen of the United States shall be allocated visas 
                in a number not to exceed the lesser of--
                            ``(i) 50,000, or
                            ``(ii) the number by which the worldwide 
                        level exceeds 85,000.
                    ``(B) Qualifications.--For purposes of subparagraph 
                (A), the term `qualifying parent' means an immigrant 
                with respect to whom, as of the date of approval of the 
                classification petition under section 204(a)(1), at 
                least 50 percent of the immigrant's sons and daughters 
                are (i) nationals of the United States or aliens 
                lawfully admitted for permanent residence and (ii) 
                lawfully residing in the United States.
                    ``(C) Reference to insurance requirement.--For 
                requirement relating to insurance for qualifying 
                parents, see section 212(a)(4)(D).''.
    (b) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 
1182(a)(4)), as amended by section 621(a) of this Act, is amended by 
adding at the end the following new subparagraph:
                    ``(D) Insurance requirements for qualifying 
                parents.--
                            ``(i) In general.--Any alien who seeks 
                        admission as a qualifying parent under section 
                        203(a)(2) is inadmissible unless the alien 
                        demonstrates at the time of issuance of the 
                        visa (and at the time of admission) to the 
                        satisfaction of the consular officer and the 
                        Attorney General that the alien--
                                    ``(I) will have coverage under an 
                                adequate health insurance policy (at 
                                least comparable to coverage provided 
                                under the medicare program under title 
                                XVIII of the Social Security Act), and
                                    ``(II) will have coverage with 
                                respect to long-term health needs (at 
                                least comparable to such coverage 
                                provided under the medicaid program 
                                under title XIX of such Act for the 
                                State in which either the alien intends 
                                to reside or in which the petitioner 
                                (on behalf of the alien under section 
                                204(a)(1)) resides,
                        throughout the period the individual is 
                        residing in the United States.
                            ``(ii) Factors to be taken into account.--
                        In making a determination under clause (i), the 
                        Attorney General shall take into account the 
                        age of the qualifying parent and the likelihood 
                        of the parent securing health insurance 
                        coverage through employment.''.

SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICATION.

    (a) In General.--Section 203(b) (8 U.S.C. 1153(b)) is amended by 
striking paragraphs (1) through (5) and inserting the following:
            ``(1) Aliens with extraordinary ability.--Visas shall first 
        be made available in a number not to exceed 15,000 of such 
        worldwide level to immigrants--
                    ``(A) who have extraordinary ability in the 
                sciences, arts, education, business, or athletics which 
                has been demonstrated by sustained national or 
                international acclaim and whose achievements have been 
                recognized in the field through sufficient 
                documentation,
                    ``(B) who seek to be admitted into the United 
                States to continue work in the area of extraordinary 
                ability, and
                    ``(C) whose admission into the United States will 
                substantially benefit prospectively the United States.
            ``(2) Aliens who are members of the professions holding 
        advanced degrees or aliens of exceptional ability.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 60,000 of such worldwide 
                level, plus any visas not required for the class 
                specified in paragraph (1), to immigrants who are 
                aliens described in subparagraph (B) or (C).
                    ``(B) Aliens who are members of the professions 
                holding advanced degrees or aliens of exceptional 
                ability.--
                            ``(i) In general.--An alien is described in 
                        this subparagraph if the alien is a member of a 
                        profession holding an advanced degree or its 
                        equivalent or who because of exceptional 
                        ability in the sciences, arts, or business will 
                        substantially benefit prospectively the 
                        national economy, cultural or educational 
                        interests, or welfare of the United States, and 
                        whose services in the sciences, arts, 
                        professions, or business are sought by an 
                        employer in the United States.
                            ``(ii) Determination of exceptional 
                        ability.--In determining under clause (i) 
                        whether an immigrant has exceptional ability, 
                        the possession of a degree, diploma, 
                        certificate, or similar award from a college, 
                        university, school, or other institution of 
                        learning or a license to practice or 
                        certification for a particular profession or 
                        occupation shall not by itself be considered 
                        sufficient evidence of such exceptional 
                        ability.
                            ``(iii) Labor certification required.--An 
                        immigrant visa may not be issued to an 
                        immigrant under this subparagraph until the 
                        consular officer is in receipt of a 
                        determination made by the Secretary of Labor 
                        pursuant to the provisions of section 
                        212(a)(5)(A).
                    ``(C) Certain multinational executives and 
                managers.--An alien is described in this subparagraph 
                if the alien, in the 3 years preceding the time of the 
                alien's application for classification and admission 
                into the United States under this subparagraph, has 
                been employed for at least 1 year by a firm or 
                corporation or other legal entity or an affiliate or 
                subsidiary thereof and the alien seeks to enter the 
                United States in order to continue to render services 
                to the same employer or to a subsidiary or affiliate 
                thereof in a capacity that is managerial or executive.
            ``(3) Skilled workers and professionals.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 45,000 of such worldwide 
                level, plus any visas not required for the classes 
                specified in paragraphs (1) and (2) less the reduction 
                in visa numbers under this paragraph required to be 
                effected under section 201(c)(4)(A)(ii) for the fiscal 
                year involved, to aliens described in subparagraph (B) 
                or (C).
                    ``(B) Skilled workers.--An alien described in this 
                subparagraph is an immigrant who is capable, at the 
                time a petition is filed, of performing skilled labor 
                (requiring at least 2 years training or experience), 
                not of a temporary or seasonal nature, for which 
                qualified workers are not available in the United 
                States, who has a total of 7 years of training or 
                experience (or both) with respect to such labor.
                    ``(C) Professionals.--(i) An alien described in 
                this subparagraph is an immigrant who holds a 
                baccalaureate degree and is a member of the professions 
                and, subject to clause (ii), has at least 5 years of 
                experience in the profession after the receipt of the 
                degree.
                    ``(ii) An alien who is a teacher and has (within 
                the previous 5 years) at least 2 years of experience 
                teaching a language (other than English) full-time at 
                an accredited elementary or middle school may be 
                classified and admitted as a professional under this 
                subparagraph notwithstanding that the alien does not 
                have 5 years of experience in the profession if the 
                alien is seeking admission to teach such language full-
                time in an accredited elementary or middle school.
                    ``(D) Labor certification required.--An immigrant 
                visa may not be issued to an immigrant under this 
                paragraph until the consular officer is in receipt of a 
                determination made by the Secretary of Labor pursuant 
                to the provisions of section 212(a)(5)(A).
          ``(4) Investors in job creation.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 10,000 of such worldwide 
                level less the reduction in visa numbers under this 
                paragraph required to be effected under section 
                201(c)(4)(A)(i) for the fiscal year involved, to 
                immigrants seeking to enter the United States for the 
                purpose of engaging in a new commercial enterprise--
                            ``(i) which the alien has established,
                            ``(ii) in which such alien has invested 
                        (after the date of the enactment of the 
                        Immigration Act of 1990), or is actively in the 
                        process of investing, capital in an amount not 
                        less $1,000,000, and
                            ``(iii) which will benefit the United 
                        States economy and create full-time employment 
                        for not fewer than 10 United States citizens or 
                        aliens lawfully admitted for permanent 
                        residence or other immigrants lawfully 
                        authorized to be employed in the United States 
                        (other than the immigrant and the immigrant's 
                        spouse, sons, or daughters).
                    ``(B) Pilot program.--For each of fiscal years 1997 
                and 1998, up to 2,000 visas otherwise made available 
                under this paragraph shall be made available to 
                immigrants who would be described in subparagraph (A) 
                if `$500,000' were substituted for `$1,000,000' in 
                subparagraph (A)(ii) and if `for not fewer than 5' were 
                substituted for `for not fewer than 10' in subparagraph 
                (A)(iii). By not later than April 1, 1998, the Attorney 
                General shall submit to Congress a report on the 
                operation of this subparagraph and shall include in the 
                report information describing the immigrants admitted 
                under this paragraph and the enterprises they invest in 
                and a recommendation on whether the pilot program under 
                this subparagraph should be continued or modified.
            ``(5) Certain special immigrants.--Visas shall be made 
        available, in a number not to exceed 5,000 of such worldwide 
        level, to qualified special immigrants described in section 
        101(a)(27) (other than those described in subparagraph (A) 
        thereof), of which not more than 4,000 may be made available in 
        any fiscal year to special immigrants described in subclause 
        (II) or (III) of section 101(a)(27)(C)(ii).''.
    (b) Conditional Status for Certain Foreign Language Teachers.--(1) 
Title II is amended by inserting after section 216A the following new 
section:

 ``conditional permanent resident status for certain foreign language 
                                teachers

    ``Sec. 216B. (a) In General.--Subject to the succeeding provisions 
of this section, section 216A shall apply to an alien foreign language 
teacher (as defined in subsection (d)(1)) and to an alien spouse or 
alien child (as defined in subsection (d)(2)) in the same manner as 
such section applies to an alien entrepreneur and an alien spouse or 
alien child.
    ``(b) Timing for Petition.--
            ``(1) In general.--In applying section 216A under 
        subsection (a), any reference to a `second anniversary of an 
        alien's lawful admission for permanent residence' is deemed a 
        reference to the end of the time period described in paragraph 
        (2).
            ``(2) Time period for determination.--The time period 
        described in this paragraph is 5 years less the period of 
        experience, during the 5-year period ending on the date the 
        alien foreign language teacher obtains permanent resident 
        status, of teaching a language (other than English) full-time 
        at an accredited elementary or middle school.
    ``(c) Requirement for Total of 5 Years' Teaching Experience.--In 
applying section 216A under subsection (a), the determination of the 
Attorney General under subsection (b)(1) of such section shall be 
whether (and the facts and information under subsection (d)(1) of such 
section shall demonstrate that) the alien has been employed on a 
substantially full-time basis as a foreign language teacher at an 
accredited elementary or middle school in the United States during the 
period since obtaining permanent residence status (instead of the 
determinations described in section 216A(b)(1) and of the facts and 
information described in section 216A(d)(1)).
    ``(d) Definitions.--In this section:
            ``(1) The term `alien foreign language teacher' means an 
        alien who obtains the status of an alien lawfully admitted for 
        permanent residence (whether on a conditional basis or 
        otherwise) under section 203(b)(3)(C)(ii) on the basis of less 
        than 5 years' teaching experience.
            ``(2) The term `alien spouse' and the term `alien child' 
        mean an alien who obtains the status of an alien lawfully 
        admitted for permanent residence (whether on a conditional 
        basis or otherwise) by virtue of being the spouse or child, 
        respectively, of an alien foreign language teacher.''.
    (2) The table of contents of the Immigration and Nationality Act is 
amended by inserting after the item relating to section 216A the 
following:

``Sec. 216B. Conditional permanent resident status for certain foreign 
                            language teachers.''.

SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CONFIRMATION OF 
              CLASSIFICATION PETITIONS.

    (a) In General.--Section 204(b) (8 U.S.C. 1154(b)) is amended by 
inserting ``(1)'' after ``(b)'' and by adding at the end the following 
new paragraph:
    ``(2)(A) The Attorney General may provide that a petition approved 
with respect to an alien (and the priority date established with 
respect to the petition) shall expire after a period (specified by the 
Attorney General and of not less than 2 years) following the date of 
approval of the petition, unless the petitioner files with the Attorney 
General a form described in subparagraph (B).
    ``(B) The Attorney General shall specify the form to be used under 
this paragraph. Such form shall be designed--
            ``(i) to reconfirm the continued intention of the 
        petitioner to seek admission of the alien based on the 
        classification involved, and
            ``(ii) as may be provided by the Attorney General, to 
        update the contents of the original classification petition.
    ``(C) The Attorney General may apply subparagraph (A) to one or 
more classes of classification petitions and for different periods of 
time for different classes of such petitions, as specified by the 
Attorney General.''.
    (b) Effective Date.--(1) Except as provided in paragraph (2), the 
amendments made by subsection (a) shall not apply to classification 
petitions filed before October 1, 1996.
    (2) The Attorney General may apply such amendments to such 
classification petitions, but only in a manner so that no such petition 
expires under such amendments before October 1, 2000.

SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.

    (a) Repealing Certain Obsolete Provisions.--Section 101(a)(27) (8 
U.S.C. 1101(a)(27)) is amended by striking subparagraphs (B), (E), (F), 
(G), and (H).
    (b) Special Immigrant Status for Certain NATO Civilian Employees.--
Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is further amended--
            (1) by striking ``or'' at the end of subparagraph (J),
            (2) by striking the period at the end of subparagraph (K) 
        and inserting ``; or'', and
            (3) by adding at the end the following new subparagraph:
            ``(L) an immigrant who would be described in clause (i), 
        (ii), (iii), or (iv) of subparagraph (I) if any reference in 
        such a clause--
                    ``(i) to an international organization described in 
                paragraph (15)(G)(i) were treated as a reference to the 
                North American Treaty Organization (NATO);
                    ``(ii) to a nonimmigrant under paragraph 
                (15)(G)(iv) were treated as a reference to a 
                nonimmigrant classifiable under NATO-6 (as a member of 
                a civilian component accompanying a force entering in 
                accordance with the provisions of the NATO Status-of-
                Forces Agreement, a member of a civilian component 
                attached to or employed by an Allied Headquarters under 
                the `Protocol on the Status of International Military 
                Headquarters' set up pursuant to the North Atlantic 
                Treaty, or as a dependent); and
                    ``(iii) to the Immigration Technical Corrections 
                Act of 1988 or to the Immigration and Nationality 
                Technical Corrections Act of 1994 were a reference to 
                the Immigration in the National Interest Act of 
                1995.''.
    (c) Conforming Nonimmigrant Status for Certain Parents of Special 
Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is 
amended--
            (1) by inserting ``(or under analogous authority under 
        paragraph (27)(L))'' after ``(27)(I)(i)'', and
            (2) by inserting ``(or under analogous authority under 
        paragraph (27)(L))'' after ``(27)(I)''.
    (d) Extension of Sunset for Religious Workers.--Section 
101(a)(27)(C)(ii) (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by striking 
``1997'' and inserting ``2005'' each place it appears.
    (e) Additional Conforming Amendments.--
            (1) Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is 
        amended by striking ``or (B)''.
            (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 
        striking ``or (B)''.
            (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as 
        redesignated by section 815(a)(4)(A) of this Act, is amended by 
        striking ``, who has not otherwise been accorded status under 
        section 101(a)(27)(H),''.
            (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by 
        striking ``101(a)(27)(H), (I),'' and inserting 
        ``101(a)(27)(I),''.
    (f) Effective Dates.--(1) Except as provided in this section, the 
amendments made by this section shall take effect on the date of the 
enactment of this Act.
    (2) The amendments made by subsection (a) shall not apply to any 
alien with respect to whom an application for special immigrant status 
under a subparagraph repealed by such amendments has been filed by not 
later than September 30, 1996.

SEC. 516. REQUIREMENTS FOR REMOVAL OF CONDITIONAL STATUS OF 
              ENTREPRENEURS.

    (a) In General.--Section 216A(b) (8 U.S.C. 1186b(b)) is amended--
            (1) by amending clause (ii) of paragraph (1)(B) to read as 
        follows:
                    ``(ii) subject to paragraph (3), the alien did not 
                invest (and maintain investment of) the requisite 
                capital, or did not employ the requisite number of 
                employees, throughout substantially the entire period 
                since the alien's admission; or'', and
            (2) by adding at the end the following new paragraph:
            ``(3) Exceptions.--
                    ``(A) Good faith exception.--Paragraph (1)(B)(ii) 
                shall not apply to an alien to the extent that the 
                alien continues to attempt in good faith throughout the 
                period since admission to invest (and maintain 
                investment of) the requisite capital, and to employ the 
                requisite number of employees, but was unable to do so 
                due to circumstances for which the alien should not 
                justly be held responsible.
                    ``(B) Extension.--In the case of an alien to whom 
                the exception under subparagraph (A) applies, the 
                application period under subsection (d)(2) (and period 
                for termination under paragraph (1)) shall be extended 
                (for up to 3 additional years) by such additional 
                period as may be necessary to enable the alien to have 
                had the requisite capital and number of employees 
                throughout a 2-year period. Such extension shall 
                terminate at any time at which the Attorney General 
                finds that the alien has not continued to attempt in 
                good faith to invest such capital and employ such 
                employees.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to aliens admitted on or after the date of the enactment of this 
Act.

SEC. 517. MISCELLANEOUS CONFORMING AMENDMENTS.

    (a) Conforming Amendments Relating to Immediate Relatives.--
            (1) Section 101(b)(1)(F) (8 U.S.C. 1101(b)(1)(F)) is 
        amended by striking ``as an immediate relative under section 
        201(b)'' and inserting ``as a child of a citizen of the United 
        States''.
            (2) Section 204 (8 U.S.C. 1154) is amended--
                    (A) in subsection (a)(1)(A)(i), by striking 
                ``paragraph (1), (3), or (4) of section 203(a) or to an 
                immediate relative status'' and inserting ``section 
                203(a)(2) or to status as the spouse or child of a 
                citizen of the United States'';
                    (B) in subsection (a)(1)(A)(iii), by striking ``as 
                an immediate relative'' and inserting ``as the spouse 
                of a citizen of the United States'';
                    (C) in subsection (a)(1)(iv), by striking ``as an 
                immediate relative'' and inserting ``as a child of a 
                citizen of the United States'';
                    (D) in subsection (b), by striking ``an immediate 
                relative specified in section 201(b)'' and inserting 
                ``a spouse or child of a citizen of the United States 
                under section 201(b)'';
                    (E) in subsection (c), by striking ``an immediate 
                relative or preference'' and inserting ``a 
                preferential'';
                    (F) in subsection (e)--
                            (i) by striking ``an immediate relative'' 
                        and inserting ``a spouse or child of a citizen 
                        of the United States'', and
                            (ii) by striking ``his'' and ``he'' and 
                        inserting ``the alien's'' and ``the alien'', 
                        respectively; and
                    (G) in subsection (g), by striking ``immediate 
                relative status'' and inserting ``status as a spouse or 
                child of a citizen of the United States or other''.
            (3) Section 212(a)(6)(E)(ii) (8 U.S.C. 1182(a)(6)(E)(ii)) 
        is amended by striking ``an immediate relative'' and inserting 
        ``a spouse, child, or parent of a citizen of the United 
        States''.
            (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by 
        striking ``an immediate relative'' and inserting ``a spouse or 
        child of a citizen of the United States''.
            (5) Section 216(g)(1)(A) (8 U.S.C. 1186a(g)(1)(A)) is 
        amended by striking ``an immediate relative (described in 
        section 201(b)) as the spouse of a citizen of the United 
        States'' and inserting ``as the spouse of a citizen of the 
        United States (described in section 201(b))''.
            (6) Section 221(a) (8 U.S.C. 1201(a)) is amended by 
        striking ``, immediate relative,''.
            (7)(A) Section 224 (8 U.S.C. 1204) is amended--
                    (i) by amending the heading to read as follows:

 ``visas for spouses and children of citizens and special immigrants'',

                    (ii) by striking ``immediate relative'' the first 
                place it appears and inserting ``a spouse or child of a 
                citizen of the United States'', and
                    (iii) by striking ``immediate relative status'' and 
                inserting ``status or status as a spouse or child of a 
                citizen of the United States''.
            (B) The item in the table of contents relating to section 
        224 is amended to read as follows:

``Sec. 224.  Visas for spouses and children of citizens and special 
                            immigrants.''.
            (8) Subsection (a)(1)(E)(ii) of section 241 (8 U.S.C. 
        1251), before redesignation as section 237 by section 305(2), 
        is amended by striking ``an immediate relative'' and inserting 
        ``a spouse, child, or parent of a citizen of the United States 
        under section 201(b) or 203(a)(2)''.
            (9) Section 245(c) (8 U.S.C. 1255(c)) is amended by 
        striking ``an immediate relative as defined in section 201(b)'' 
        and inserting ``a spouse or child of a citizen of the United 
        States under section 201(b) or a parent of a citizen under 
        section 203(a)(2)'' each place it appears.
            (10) Section 291 (8 U.S.C. 1361) is amended by striking 
        ``immigrant, special immigrant, immediate relative'' and 
        inserting ``immigrant status, special immigrant status, status 
        as a spouse or child of a citizen of the United States''.
            (11) Section 401 of the Immigration Reform and Control Act 
        of 1986 is amended by striking ``immediate relatives'' and 
        inserting ``spouses and children of citizens''.
    (b) Conforming Amendments for Other Family-Sponsored Immigrants.--
            (1) Petitioning requirements.--Section 204 (8 U.S.C. 1154) 
        is amended--
                    (A) in subsection (a)(1)(B)(i), by striking 
                ``203(a)(2)'' and inserting ``203(a)(1)'';
                    (B) in clauses (ii) and (iii) of subsection (a)(1), 
                by striking ``203(a)(2)(A)'' and inserting 
                ``203(a)(1)''; and
                    (C) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3)'' and inserting ``or 
                203(a)(2)''.
            (2) Application of per country levels.--Section 202 (8 
        U.S.C. 1152) is amended--
                    (A) by amending paragraph (4) of subsection (a) to 
                read as follows:
            ``(4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                    ``(A) 75 percent of 1st preference not subject to 
                per country limitation.--Of the visa numbers made 
                available under section 203(a) to immigrants described 
                in paragraph (1) of that section in any fiscal year, 
                63,750 shall be issued without regard to the numerical 
                limitation under paragraph (2).
                    ``(B) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(a)(1) exceeds the maximum number of visas 
                that may be made available to immigrants of the state 
                or area under such section consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying paragraph (2) of section 203(a) under 
                subsection (e)(2) all visas shall be deemed to have 
                been required for the classes specified in paragraph 
                (1) of such section.''; and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by inserting before 
                        the semicolon the following: ``(determined 
                        without regard to subsections (c)(4) and (d)(2) 
                        of section 201)'',
                            (ii) in paragraph (2), by striking 
                        ``paragraphs (1) through (4)'' and inserting 
                        ``paragraphs (1) and (2)'', and
                            (iii) in the last sentence, by striking 
                        ``203(a)(2)(A)'' and inserting ``203(a)(1)''.
            (3) Additional conforming amendments.--
                    (A) Section 203(d) (8 U.S.C. 1153(d)) is amended by 
                striking ``(a)'' and inserting ``(a)(2)''.
                    (B) Section 212(a)(6)(E)(ii) (8 U.S.C. 
                1182(a)(6)(E)(ii)) is amended by striking ``203(a)(2)'' 
                and inserting ``203(a)(1)''.
                    (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is 
                amended by striking ``immigrant under section 203(a) 
                (other than paragraph (4) thereof)'' and inserting ``an 
                immigration under section 203(a)''.
                    (D) Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) 
                is amended by striking ``203(a)(2)'' and inserting 
                ``203(a)(1)''.
                    (E) Section 241(a)(1)(E)(ii) (8 U.S.C. 
                1251(a)(1)(E)(ii)), before redesignation as section 237 
                under section 305(a)(2), is amended by striking 
                ``203(a)(2)'' and inserting ``203(a)(1)''.
                    (F) Section 2(c) of the Virgin Islands Nonimmigrant 
                Alien Adjustment Act of 1982 (Public Law 97-271) is 
                amended--
                            (i) in paragraph (2), by inserting ``or 
                        first family preference petitions'' after 
                        ``second preference petitions'';
                            (ii) in paragraph (3)(A), by striking 
                        ``or'' at the end;
                            (iii) in paragraph (3)(B), by striking the 
                        period at the end and inserting ``, or'';
                            (iv) by adding at the end of paragraph (3) 
                        the following new subparagraph:
            ``(C) by virtue of a first family preference petition filed 
        by an individual who was admitted to the United States as an 
        immigrant by virtue of a second family preference petition 
        filed by the son or daughter of the individual, if that son or 
        daughter had his or her status adjusted under this section.''; 
        and
                            (v) in paragraph (4), by striking ``on or 
                        after such date).'' and inserting the 
                        following: ``on or after such date and before 
                        October 1, 1996). For purposes of this 
                        subsection, the terms `first family preference 
                        petition' and `second family preference 
                        petition' mean, in the case of an alien, a 
                        petition filed under section 204(a) of the Act 
                        to grant preference status to the alien by 
                        reason of the relationship described in section 
                        203(a)(1) or 203(a)(2), respectively (as in 
                        effect on and after October 1, 1996).''.
    (c) Conforming Amendments Relating to Employment-Based 
Immigrants.--
            (1) Treatment of special k immigrants.--Section 
        203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is amended--
                    (A) in clause (i), by striking ``reduced by \1/3\'' 
                and inserting ``reduced by the same proportion, as the 
                proportion (of the visa numbers made available under 
                all such paragraphs) that were made available under 
                each respective paragraph,'', and
                    (B) in clause (iii), by striking ``reduced by \1/
                3\'' and inserting ``reduced by the same proportion, as 
                the proportion (of the visa numbers made available 
                under all such paragraphs to natives of the foreign 
                state) that were made available under each respective 
                paragraph to such natives,''.
            (2) Conforming amendments relating to petitioning rights.--
        Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--
                    (A) in subparagraph (C), by striking 
                ``203(b)(1)(A)'' and inserting ``203(b)(1)'';
                    (B) in subparagraph (D), by striking ``section 
                203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)'' 
                and inserting ``section 203(b)(2) or 203(b)(3)'';
                    (C) in subparagraph (E)(i), by striking 
                ``203(b)(4)'' and inserting ``203(b)(5)'';
                    (D) in subparagraph (F), by striking ``203(b)(5)'' 
                and inserting ``203(b)(4)''; and
                    (E) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (E), respectively, and by moving 
                subparagraph (E) (as so redesignated) to precede 
                subparagraph (F) (as so redesignated).
            (3) Ground for inadmissibility.--Section 212(a)(5)(C) (8 
        U.S.C. 1182(a)(5)(C)) is amended by striking ``(2)'' and 
        inserting ``(2)(B)''.
            (4) Other conforming amendments.--
                    (A) Subsections (b)(1)(C) and (f)(1) of section 
                216A (8 U.S.C. 1186b) are each amended by striking 
                ``203(b)(5)'' and inserting ``203(b)(4)''.
                    (B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)), as 
                added by section 130003(c)(1) Violent Crime Control and 
                Law Enforcement Act of 1994 (Public Law 103-322) and as 
                redesignated by section 815(a)(4)(A) of this Act, is 
                amended by striking ``203(b)(4)'' and inserting 
                ``203(b)(5)''.
                    (C) Section 154(b)(1)(B)(i) of the Immigration Act 
                of 1990 is amended by striking ``1991)'' and inserting 
                ``1991, and before October 1, 1996) or under section 
                203(a), 203(b)(1), or 203(b)(2)(C) (as in effect on and 
                after October 1, 1996)''.
                    (D) Section 206(a) of the Immigration Act of 1990 
                is amended by striking ``203(b)(1)(C)'' and inserting 
                ``203(b)(2)(C)''.
                    (E) Section 610 of Public Law 102-395 is amended--
                            (i) in subsection (a), by striking 
                        ``section 203(b)(5) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(5))'' and 
                        inserting ``section 203(b)(4) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1153(b)(4))'',
                            (ii) in subsection (b), by striking 
                        ``section 203(b)(5)'' and inserting ``section 
                        203(b)(4)'', and
                            (iii) in subsection (c), by striking 
                        ``203(b)(5)(A)(iii)'' and inserting 
                        ``203(b)(4)(A)(iii)''.
                    (F) Section 2(d)(2) of the Chinese Student 
                Protection Act of 1992 (Public Law 102-404) is 
                amended--
                            (i) in subparagraph (A), by striking 
                        ``203(b)(3)(A)(i)'' and inserting 
                        ``203(b)(3)(B)'', and
                            (ii) in subparagraph (B), by striking 
                        ``203(b)(5)'' and inserting ``203(b)(4)''.
                    (G) The Soviet Scientists Immigration Act of 1992 
                (Public Law 102-509) is amended--
                            (i) in sections 3 and 4(a), by striking 
                        ``203(b)(2)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and 
                        inserting ``203(b)(2)(B)(i) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1153(b)(2)(B)(i))'', and
                            (ii) in section 4(c), by striking 
                        ``203(b)(2)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and 
                        inserting ``203(b)(2)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(B))''.
    (d) Repeal of Certain Outdated Provisions.--The following 
provisions of law are repealed:
            (1) Section 9 of Public Law 94-571 (90 Stat. 2707).
            (2) Section 19 of Public Law 97-116 (95 Stat. 1621).

   Subtitle C--Refugees, Asylees, Parole, and Humanitarian Admissions

                                                    Title V, Subtitle C

SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

    (a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C. 
1157(a)) are amended to read as follows:
    ``(1) Except as provided in paragraph (2) and subsection (b), the 
number of refugees who may be admitted under this section in any fiscal 
year shall be such number as the President determines, before the 
beginning of the fiscal year and after appropriate consultation, is 
justified by humanitarian concerns or is otherwise in the national 
interest.
    ``(2)(A) Except as provided in subparagraph (B), the number 
determined under paragraph (1) for a fiscal year may not exceed--
            ``(i) 75,000 in the case of fiscal year 1997, or
            ``(ii) 50,000 in the case of any succeeding fiscal year.
    ``(B) The number determined under paragraph (1) for a fiscal year 
may exceed the limit specified under subparagraph (A) if Congress 
enacts a law providing for a higher number.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply beginning with fiscal year 1997.

SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 EACH YEAR.

    (a) In General.--Section 209(b) (8 U.S.C. 1159(b)) of such Act is 
amended by striking ``Not more than'' and all that follows through 
``who--'' and inserting the following: ``The Attorney General, in the 
Attorney General's discretion and under such regulations as the 
Attorney General may prescribe, and in a number not to exceed 10,000 
aliens in any fiscal year, may adjust to the status of an alien 
lawfully admitted for permanent residence the status of any alien 
granted asylum who--''.
    (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 1157(a)) is 
amended by striking paragraph (4).
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1996.

SEC. 523. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION BACKLOGS.

    (a) Authorization of Temporary Employment of Certain Annuitants and 
Retirees.--
            (1) In general.--For the purpose of performing duties in 
        connection with adjudicating applications for asylum pending as 
        of the date of the enactment of this Act, the Attorney General 
        may employ for a period not to exceed 24 months (beginning 3 
        months after the date of the enactment of this Act) not more 
        than 300 individuals (at any one time) who, by reason of 
        separation from service on or before January 1, 1995, are 
        receiving--
                    (A) annuities under the provisions of subchapter 
                III of chapter 83 of title 5, United States Code, or 
                chapter 84 of such title;
                    (B) annuities under any other retirement system for 
                employees of the Federal Government; or
                    (C) retired or retainer pay as retired officers of 
                regular components of the uniformed services.
            (2) No reduction in annuity or retirement pay or 
        redetermination of pay during temporary employment.--
                    (A) Retirees under civil service retirement system 
                and federal employees' retirement system.--In the case 
                of an individual employed under paragraph (1) who is 
                receiving an annuity described in paragraph (1)(A)--
                            (i) such individual's annuity shall 
                        continue during the employment under paragraph 
                        (1) and shall not be increased as a result of 
                        service performed during that employment;
                            (ii) retirement deductions shall not be 
                        withheld from such individual's pay; and
                            (iii) such individual's pay shall not be 
                        subject to any deduction based on the portion 
                        of such individual's annuity which is allocable 
                        to the period of employment.
                    (B) Other federal retirees.--The President shall 
                apply the provisions of subparagraph (A) to individuals 
                who are receiving an annuity described in paragraph 
                (1)(B) and who are employed under paragraph (1) in the 
                same manner and to the same extent as such provisions 
                apply to individuals who are receiving an annuity 
                described in paragraph (1)(A) and who are employed 
                under paragraph (1).
                    (C) Retired officers of the uniform services.--The 
                retired or retainer pay of a retired officer of a 
                regular component of a uniformed service shall not be 
                reduced under section 5532 of title 5, United States 
                Code, by reason of temporary employment authorized 
                under paragraph (1).
    (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)(1).
    (c) Increase in Asylum Officers.--Subject to the availability of 
appropriations, the Attorney General shall provide for an increase in 
the number of asylum officers to at least 600 asylum officers by fiscal 
year 1997.

SEC. 524. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE BASIS FOR 
              HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT.

    (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d)) 
is amended to read as follows:
    ``(5) Humanitarian and Public Interest Parole.--
            ``(A) In general.--Subject to the provisions of this 
        paragraph and section 214(f)(2), the Attorney General, in the 
        sole discretion of the Attorney General, may on a case-by-case 
        basis parole an alien into the United States temporarily, under 
        such conditions as the Attorney General may prescribe, only--
                    ``(i) for an urgent humanitarian reason (as 
                described under subparagraph (B)); or
                    ``(ii) for a reason deemed strictly in the public 
                interest (as described under subparagraph (C)).
            ``(B) Humanitarian parole.--The Attorney General may parole 
        an alien based on an urgent humanitarian reason described in 
        this subparagraph only if--
                    ``(i) the alien has a medical emergency and the 
                alien cannot obtain necessary treatment in the foreign 
                state in which the alien is residing or the medical 
                emergency is life-threatening and there is insufficient 
                time for the alien to be admitted through the normal 
                visa process;
                    ``(ii) the alien is needed in the United States in 
                order to donate an organ or other tissue for transplant 
                into a close family member; or
                    ``(iii) the alien has a close family member in the 
                United States whose death is imminent and the alien 
                could not arrive in the United States in time to see 
                such family member alive if the alien were to be 
                admitted through the normal visa process.
            ``(C) Public interest parole.--The Attorney General may 
        parole an alien based on a reason deemed strictly in the public 
        interest described in this subparagraph only if the alien has 
        assisted the United States Government in a matter, such as a 
        criminal investigation, espionage, or other similar law 
        enforcement activity, and either the alien's presence in the 
        United States is required by the Government or the alien's life 
        would be threatened if the alien were not permitted to come to 
        the United States.
            ``(D) Limitation on the use of parole authority.--The 
        Attorney General may not use the parole authority under this 
        paragraph to permit to come to the United States aliens who 
        have applied for and have been found to be ineligible for 
        refugee status or any alien to whom the provisions of this 
        paragraph do not apply.
            ``(E) Parole not an admission.--Parole of an alien under 
        this paragraph shall not be considered an admission of the 
        alien into the United states. When the purposes of the parole 
        of an alien have been served, as determined by the Attorney 
        General, the alien shall immediately return or be returned to 
        the custody from which the alien was paroled and the alien 
        shall be considered for admission to the United States on the 
        same basis as other similarly situated applicants for 
        admission.
            ``(F) Report to congress.--Not later than 90 days after the 
        end of each fiscal year, the Attorney General shall submit a 
        report to the Committees on the Judiciary of the House of 
        Representatives and the Senate describing the number and 
        categories of aliens paroled into the United States under this 
        paragraph. Each such report shall contain information and data 
        concerning the number and categories of aliens paroled, the 
        duration of parole, and the current status of aliens paroled 
        during the preceding fiscal year.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first month beginning more than 60 
days after the date of the enactment of this Act.

SEC. 525. ADMISSION OF HUMANITARIAN IMMIGRANTS.

    (a) In General.--Subsection (c) of section 203 (8 U.S.C. 1153) is 
amended to read as follows:
    ``(c) Humanitarian Immigrants.--
            ``(1) In general.--Aliens subject to the worldwide level 
        specified in section 201(e) for humanitarian immigrants shall 
        be allotted visas only if the aliens have been selected by the 
        Attorney General, under paragraph (2), as of special 
        humanitarian concern to the United States.
            ``(2) Selection of immigrants.--
                    ``(A) In general.--The Attorney General shall, on a 
                case-by-case basis and based on humanitarian concerns 
                and the public interest, select aliens for purposes of 
                this subsection.
                    ``(B) Restriction.--The Attorney General may not 
                select an alien under this paragraph if the alien is a 
                refugee (within the meaning of section 101(a)(42)) 
                unless the Attorney General determines that compelling 
                reasons in the public interest with respect to that 
                particular alien require that the alien be admitted 
                into the United States as a humanitarian immigrant 
                under this subsection rather than as a refugee under 
                section 207.
            ``(3) Annual report.--Not later than 90 days after the end 
        of each fiscal year, the Attorney General shall submit to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate a report describing the number of immigrant visas 
        issued under this subsection and the individuals to whom the 
        visas were issued.''.
    (b) Petitioning.--Subparagraph (G) of section 204(a)(1) (8 U.S.C. 
1154(a)(1)) is amended to read as follows:
    ``(G) Any alien desiring to be provided an immigrant visa under 
section 203(c) may file a petition with the Attorney General for such 
classification, but only if the Attorney General has identified the 
alien as possibly qualifying for such a visa.''.
    (c) Order of Consideration.--Section 203 (8 U.S.C. 1153) is 
amended--
            (1) by amending paragraph (2) of subsection (e) to read as 
        follows:
    ``(2) Immigrant visa numbers made available under subsection (c) 
(relating to humanitarian immigrants) shall be issued to eligible 
immigrants in an order specified by the Attorney General.'', and
            (2) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (d) Application of Per Country Numerical Limitations.--Section 
202(a) (8 U.S.C. 1152(a)) is amended by adding at the end the following 
new paragraph:
            ``(5) Per country levels for humanitarian immigrants.--The 
        total number of immigrant visas made available to natives of 
        any single foreign state or dependent area under section 203(c) 
        in any fiscal year may not exceed 50 percent (in the case of a 
        single foreign state) or 15 percent (in the case of a dependent 
        area) of the total number of such visas made available under 
        such subsection in that fiscal year.''.
    (e) Waiver of Certain Grounds of Inadmissibility.--Section 212(a) 
(8 U.S.C. 1182(a)) is amended--
            (1) in paragraph (4), as amended by section 621, by adding 
        at the end the following new subparagraph:
                    ``(C) Waiver authorized for humanitarian 
                immigrants.--The Attorney General, in the discretion of 
                the Attorney General, may waive the ground of 
                inadmissibility under subparagraph (A) in the case of 
                an alien seeking admission as a humanitarian immigrant 
                under section 203(c).'';
            (2) in paragraph (5)(C), by inserting before the period at 
        the end the following: ``, and shall not apply to immigrants 
        seeking admissions as humanitarian immigrants under section 
        203(c)''; and
            (3) in paragraph (7)(A), by redesignating clause (ii) as 
        clause (iii) and by inserting after clause (i) the following 
        new clause:
                            ``(ii) Waiver authorized for humanitarian 
                        immigrants.--The Attorney General, in the 
                        discretion of the Attorney General, may waive 
                        the ground of inadmissibility under clause (i) 
                        in the case of an alien seeking admission as a 
                        humanitarian immigrant under section 203(c).''.
    (f) Conforming Amendments Relating to Elimination of Diversity 
Program.--
            (1) Section 141(c) of the Immigration Act of 1990 is 
        amended by striking paragraph (2).
            (2) Section 204(b)(1) of Immigration Act of 1990 is amended 
        by inserting ``, as in effect before fiscal year 1996'' after 
        ``Immigration and Nationality Act''.

SEC. 526. ASYLUM REFORM.

    (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read 
as follows:

                                ``asylum

    ``Sec. 208. (a) Authority To Apply for Asylum.--Any alien who is 
physically present in the United States or who arrives in the United 
States (whether or not at a designated port of arrival), at a land 
border or port of entry, irrespective of such alien's status, may apply 
for asylum in accordance with this section.
    ``(b) Conditions for Granting Asylum.--
            ``(1) Mandatory authority.--The Attorney General shall 
        grant asylum to an alien if the alien applies for asylum in 
        accordance with the requirements of this section and 
        establishes that it is more likely than not that in the alien's 
        country of nationality (or, in the case of a person having no 
        nationality, the country in which such alien last habitually 
        resided) such alien's life or freedom would be threatened on 
        account of race, religion, nationality, membership in a 
        particular social group, or political opinion.
            ``(2) Discretionary authority.--The Attorney General may 
        grant asylum to an alien if the alien applies for asylum in 
        accordance with the requirements of this section and 
        establishes that the alien is a refugee within the meaning of 
        section 101(a)(42).
            ``(3) Limitations.--(A) Paragraphs (1) and (2) shall not 
        apply to an alien if the Attorney General determines that--
                    ``(i) the alien ordered, incited, assisted, or 
                otherwise participated in the persecution of any person 
on account of race, religion, nationality, membership in a particular 
social group, or political opinion;
                    ``(ii) the alien, having been convicted by a final 
                judgment of a particularly serious crime, constitutes a 
                danger to the community of the United States;
                    ``(iii) there are serious reasons for believing 
                that the alien has committed a serious nonpolitical 
                crime outside the United States prior to the arrival of 
                the alien in the United States;
                    ``(iv) there are reasonable grounds for regarding 
                the alien as a danger to the security of the United 
                States;
                    ``(v) the alien is inadmissible under subclause 
                (I), (II), or (III) of section 212(a)(3)(B)(i) or 
                removable under section 237(a)(4)(B) (relating to 
                terrorist activity); or
                    ``(vi) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (1)) to which the alien can be removed or 
                returned and the alien does not establish that it is 
                more likely than not that the alien's life or freedom 
                would be threatened in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
            ``(B)(i) For purposes of subparagraph (A)(ii), an alien who 
        has been convicted of an aggravated felony shall be considered 
        to have committed a particularly serious crime.
            ``(ii) The Attorney General shall promulgate regulations 
        that specify additional crimes that will be considered to be a 
        crime described in subparagraph (A)(ii) or (A)(iii).
            ``(iii) The Attorney General shall promulgate regulations 
        establishing such additional limitations and conditions as the 
        Attorney General considers appropriate under which an alien 
        shall be ineligible to apply for asylum under paragraph (2).
    ``(c) Asylum Status.--
            ``(1) In general.--In the case of any alien granted asylum 
        under subsection (b), the Attorney General, in accordance with 
        this section--
                    ``(A) shall not remove or return the alien to the 
                country described in subsection (b)(1);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(2) Limitations.--Asylum status does not include or 
        convey a right to remain permanently in the United States.
    ``(d) Termination of Asylum.--Asylum granted under subsection (b) 
may be terminated if the Attorney General, pursuant to such regulations 
as the Attorney General may prescribe, determines that--
            ``(1) the alien no longer meets the conditions described in 
        subsection (b) owing to a change in circumstances in the 
        alien's country of nationality or, in the case of an alien 
        having no nationality, in the country in which the alien last 
        habitually resided;
            ``(2) the alien meets a condition described in subsection 
        (b)(3); or
            ``(3) a country willing to accept the alien has been 
        identified (other than the country described in subsection 
        (b)(1)) to which the alien can be removed or returned and the 
        alien cannot establish that it is more likely than not that the 
        alien's life or freedom would be threatened in such country on 
        account of race, religion, nationality, membership in a 
        particular social group, or political opinion.
    ``(e) Acceptance by Another Country.--In the case of an alien 
described in subsection (b)(3)(A)(vi) or subsection (d)(3), the alien's 
removal or return shall be directed by the Attorney General in the sole 
discretion of the Attorney General, to any country which is willing to 
accept the alien into its territory (other than the country described 
in subsection (b)(1)).
    ``(f) Asylum Procedure.--
            ``(1) Applications.--
                    ``(A) Deadline.--(i) Subject to clause (ii), an 
                alien's application for asylum shall not be considered 
                under this section unless--
                            ``(I) the alien has filed, not later than 
                        30 days after being admitted or coming to the 
                        United States, notice of intention to file such 
                        an application, and
                            ``(II) such application is actually filed 
                        not later than 60 days after being admitted or 
                        coming to the United States.
                    ``(ii) An application for asylum may be considered, 
                notwithstanding that the requirements of clause (i) 
                have not been met, only if the alien demonstrates by 
                clear and convincing evidence changed circumstances in 
the alien's country of nationality (or in the case of an alien with no 
nationality, in the country where the alien has habitually resided) 
affecting eligibility for asylum.
                    ``(B) Requirements.--An application for asylum 
                shall not be considered unless the alien submits to the 
                taking of fingerprints and a photograph in a manner 
                determined by the Attorney General.
                    ``(C) Fees.--In the discretion of the Attorney 
                General, the Attorney General may impose reasonable 
                fees for the consideration of an application for 
                asylum, for employment authorization under this 
                section, and for adjustment of status under section 
                209(b). The Attorney General is authorized to provide 
                for the assessment and payment of any such fee over a 
                period of time or by installments.
                    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--
                            ``(i) Notice.--At the time of filing a 
                        notice of intention to apply for asylum, the 
                        alien shall be advised of the privilege of 
                        being presented by counsel and of the 
                        consequences, under subsection (h), of filing a 
                        frivolous application for asylum.
                            ``(ii) Provision of list of counsel.--The 
                        Attorney General shall provide lists (updated 
                        not less often than quarterly) of persons who 
                        have indicated their availability to represent 
                        pro bono aliens in asylum proceedings. Such 
                        lists shall be provided to the alien at the 
                        time of filing of notice of intention to apply 
                        for asylum, and otherwise be made generally 
                        available.
                    ``(E) Employment authorization.--An applicant for 
                asylum is not entitled to engage in employment in the 
                United States. The Attorney General may authorize an 
                alien who has filed an application for asylum to engage 
                in employment in the United States, in the discretion 
                of the Attorney General.
            ``(2) Consideration of asylum applications.--
                    ``(A) In general.--The Attorney General shall 
                establish a procedure for considering applications for 
                asylum submitted pursuant to paragraph (1). Such 
                procedure shall include--
                            ``(i) a requirement that, unless an 
                        applicant (or an attorney for an applicant) 
                        consents in writing to the contrary, hearings 
                        on asylum applications shall commence not later 
                        than 45 days after the date an application is 
                        filed;
                            ``(ii) a requirement that applications for 
                        asylum shall be considered by asylum officers 
                        who are specially designated by the Service as 
                        having special training and knowledge of 
                        international conditions and human rights 
                        records of foreign countries; and
                            ``(iii) summary dismissal of applications 
                        for asylum of an alien who does not appear for 
                        a hearing on such application, unless the alien 
                        can show exceptional circumstances (as defined 
                        in section 239(e)), as determined by the asylum 
                        officer, or unless written and oral notice were 
                        not provided as required by section 239.
                    ``(B) Finality of determinations.--The decision of 
                an asylum officer shall be the final administrative 
                determination of a claim for asylum.
    ``(g) Treatment of Spouse and Children.--A spouse or child (as 
defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien who 
is granted asylum under subsection (f)(2) may, if not otherwise 
eligible for asylum under this section, be granted the same status as 
the alien if accompanying, or following to join, such alien.
    ``(h) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the asylum officer determines that an 
        alien has made a frivolous application for asylum under this 
        section and the alien has received the notice under subsection 
        (f)(1)(D)(i), the alien shall be permanently ineligible for any 
        benefits under this Act, effective as of the date of a final 
        determination on such application.
            ``(2) Treatment of material misrepresentations.--For 
        purposes of this subsection, an application considered to be 
        `frivolous' includes, but is not limited to, an application 
        which contains a willful misrepresentation or concealment of a 
        material fact.
    ``(i) Judicial Review.--The procedure prescribed by, and all the 
provisions of chapter 158 of title 28, United States Code, shall apply 
to, and shall be the sole and exclusive procedure for, the judicial 
review of all final orders granting or denying asylum, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final order granting 
        or denying asylum;
            ``(2) the venue of any petition for review under this 
        subsection shall be in the judicial circuit in which the 
        administrative proceedings before an asylum officer were 
        conducted in whole or in part, or in the judicial circuit 
        therein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit; and
            ``(3) notwithstanding any other provision of law, a 
        determination granting or denying asylum based on changed 
        circumstances pursuant to subsection (f)(1)(A)(ii) shall be in 
        the sole discretion of the asylum officer.''.
    (b) Conforming and Clerical Amendments.--(1) The item in the table 
of contents relating to section 208 is amended to read as follows:

``Sec. 208.  Asylum.''.
    (2) Section 104(d)(1)(A) of the Immigration Act of 1990 (Public Law 
101-649) is amended by striking ``208(b)'' and inserting ``208''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for asylum filed on or after such date (not later 
than 180 days after the date of the enactment of this Act) as the 
Attorney General shall specify.

       Subtitle D--General Effective Date; Transition Provisions

                                                    Title V, Subtitle D

SEC. 551. GENERAL EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in subsection (b) or 
in this title, this title and the amendments made by this title shall 
take effect on October 1, 1996, and shall apply beginning with fiscal 
year 1997.
    (b) Provisions Taking Effect Upon Enactment.--Sections 523 and 554 
shall take effect on the date of the enactment of this Act.

SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSIFICATION PETITIONS.

    (a) Family-Sponsored Immigrants.--
            (1) Immediate relatives.--Any petition filed under section 
        204(a) of the Immigration and Nationality Act before October 1, 
        1996, for immediate relative status under section 201(b)(2)(A) 
        of such Act (as in effect before such date) as a spouse or 
        child of a United States citizen or as a parent of a United 
        States citizen shall be deemed, as of such date, to be a 
        petition filed under such section for status under section 
        201(b)(2)(A) (as such a spouse or child) or under section 
        203(a)(2), respectively, of such Act (as amended by this 
        title).
            (2) Spouses and children of permanent residents.--Any 
        petition filed under section 204(a) of the Immigration and 
        Nationality Act before October 1, 1996, for preference status 
        under section 203(a)(2) of such Act as a spouse or child of an 
        alien lawfully admitted for permanent residence shall be 
        deemed, as of such date, to be a petition filed under such 
        section for preference status under section 203(a)(1) of such 
        Act (as amended by this title).
    (b) Employment-Based Immigrants.--
            (1) In general.--Subject to paragraph (2), any petition 
        filed before October 1, 1996, and approved on any date, to 
        accord status under section 203(b)(1)(A), 203(b)(1)(B), 
        203(b)(1)(C), 203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii), 
        203(b)(4), or 203(b)(5) of the Immigration and Nationality Act 
        (as in effect before such date) shall be deemed, on and after 
        October 1, 1996 (or, if later, the date of such approval), to 
        be a petition approved to accord status under section 
        203(b)(1), 203(b)(2)(B), 203(b)(2)(C), 203(b)(2)(B), 
        203(b)(3)(B), 203(b)(3)(C), 203(b)(5), or 203(b)(4), 
        respectively, of such Act (as in effect on and after such 
        date). Nothing in this paragraph shall be construed as 
        exempting the beneficiaries of such petitions from the 
        numerical limitations under section 203(b) of such Act (as 
        amended by section 513).
            (2) Time limitation.--Paragraph (1) shall not apply more 
        than two years after the date the priority date for issuance of 
        a visa on the basis of such a petition has been reached.
    (c) Admissibility Standards.--When an immigrant, in possession of 
an unexpired immigrant visa issued before October 1, 1996, makes 
application for admission, the immigrant's admissibility under 
paragraph (7)(A) of section 212(a) of the Immigration and Nationality 
Act shall be determined under the provisions of law in effect on the 
date of the issuance of such visa.
    (d) Construction.--Nothing in this title shall be construed as 
affecting the provisions of section 19 of Public Law 97-116, section 
2(c)(1) of Public Law 97-271, or section 202(e) of Public Law 99-603.

SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACKLOGGED SPOUSES AND 
              CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS.

    (a) In General.--(1) In addition to any immigrant visa numbers 
otherwise available, 50,000 (or, if greater, \1/5\ of the number of 
aliens described in paragraph (2)) immigrant visa numbers shall be made 
available in each of fiscal years 1997 through 2001 for aliens who have 
petitions approved for classification under section 203(a)(1) of the 
Immigration and Nationality Act (as amended by this title) for the 
fiscal year.
    (2) Aliens described in this paragraph are aliens, for whom 
petitions are pending as of the beginning of the fiscal year involved, 
with respect to whom the petitioning alien became an alien admitted for 
lawful permanent residence through the operation of section 210 or 245A 
of the Immigration and Nationality Act.
    (b) Order.--(1) Subject to paragraph (2), visa numbers under this 
section shall be made available in the order in which a petition, in 
behalf of each such immigrant for classification under section 
203(a)(1) of the Immigration and Nationality Act, is filed with the 
Attorney General under section 204 of such Act.
    (2) Visa numbers shall first be made available to aliens for whom 
the petitioning alien did not become an alien lawfully admitted for 
permanent residence thorough the operation of section 210 or 245A of 
the Immigration and Nationality Act.
    (3) The per country numerical limitations of section 202 of such 
Act shall not apply with respect to visa numbers made available under 
this section, and visa numbers made available under this section shall 
not be counted in determining whether there are excess family 
admissions in a fiscal year under section 201(c)(3)(B) of the 
Immigration and Nationality Act (as amended by section 501(b) of this 
Act).
    (c) Report.--The Attorney General shall submit to Congress, by 
April 1, 2001, a report on the operation of this section and the extent 
to which this section will, by October 1, 2001, have resulted in visa 
numbers being available to immigrants described in paragraphs (1) and 
(2) of subsection (b) being available on a current basis.

SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVANTAGED FAMILY FIRST 
              PREFERENCE IMMIGRANTS.

    (a) Disregard of Per Country Limits for Last Half of Fiscal Year 
1996.--The per country numerical limitations specified in section 
202(a) of the Immigration and Nationality Act shall not apply to 
immigrant numbers made available under section 203(a)(1) of such Act 
(as in effect before the date of the enactment of this Act) on or after 
April 1, 1996, but only to the extent necessary to assure that the 
priority date for aliens classified under such section who are 
nationals of a country is not earlier than the priority date for aliens 
classified under section 203(a)(2)(B) of such Act for aliens who are 
nationals of that country.
    (b) Additional Visa Numbers Potentially Available To Assure 
Equitable Treatment for Unmarried Sons and Daughters of United States 
Citizens.--
            (1) In general.--In addition to any immigrant visa 
        otherwise available, immigrant visa numbers shall be made 
        available during fiscal year 1997 for disadvantaged family 
        first preference aliens (as defined in paragraph (2)) and for 
        spouses and children of such aliens who would otherwise be 
        eligible to immigrant status under section 203(d) of the 
        Immigration and Nationality Act in relation to such aliens if 
        the aliens remained entitled to immigrant status under section 
        203(a) of such Act.
            (2) Disadvantaged family first preference alien defined.--
        In this subsection, the term ``disadvantaged family first 
        preference alien'' means an alien--
                    (A) with respect to whom a petition for 
                classification under section 203(a)(1) of the 
                Immigration and Nationality Act (as in effect on the 
                date of the enactment of this Act) was approved as of 
                September 30, 1996, and
                    (B) whose priority date, as of September 30, 1996, 
                under such classification was earlier than the priority 
                date as of such date for aliens of the same nationality 
                with respect to whom a petition for classification 
                under section 203(a)(2)(B) of such Act (as in effect on 
                such date) had been approved.
            (3) Disregard of per country numerical limitations.--
        Additional visa numbers made available under this subsection 
        shall not be taken into account for purposes of applying any 
        numerical limitation applicable to the country under section 
        202 of such Act, and visa numbers made available under this 
        subsection shall not be counted in determining whether there 
        are excess family admissions in a fiscal year under section 
        201(c)(3)(B) of the Immigration and Nationality Act (as amended 
        by section 501(b) of this Act).

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

                                                               Title VI

SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 
              IMMIGRATION.

    The Congress makes the following statements concerning national 
policy with respect to welfare and immigration:
            (1) Self-sufficiency has been a basic principle of United 
        States immigration law since this country's earliest 
        immigration statutes.
            (2) It continues to be the immigration policy of the United 
        States that--
                    (A) aliens within the nation's borders not depend 
                on public resources to meet their needs, but rather 
                rely on their own capabilities and the resources of 
                their families, their sponsors, and private 
                organizations, and
                    (B) the availability of public benefits not 
                constitute an incentive for immigration to the United 
                States.
            (3) Despite the principle of self-sufficiency, aliens have 
        been applying for and receiving public benefits from Federal, 
        State, and local governments at increasing rates.
            (4) Current eligibility rules for public assistance and 
        unenforceable financial support agreements have proved wholly 
        incapable of assuring that individual aliens not burden the 
        public benefits system.
            (5) It is a compelling government interest to enact new 
        rules for eligibility and sponsorship agreements in order to 
        assure that aliens be self-reliant in accordance with national 
        immigration policy.
            (6) It is a compelling government interest to remove the 
        incentive for illegal immigration provided by the availability 
        of public benefits.
            (7) Where States are authorized to follow Federal 
        eligibility rules for public assistance programs, the Congress 
        strongly encourages the States to adopt the Federal eligibility 
        rules.

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                                                   Title VI, Subtitle A

                   PART 1--PUBLIC BENEFITS GENERALLY

SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC ASSISTANCE, 
              CONTRACTS, AND LICENSES.

    (a) Federal Programs.--Notwithstanding any other provision of law, 
except as provided in section 603, any alien who is not lawfully 
present in the United States shall not be eligible for any of the 
following:
            (1) Federal assistance programs.--To receive any benefits 
        under any program of assistance provided or funded, in whole or 
        in part, by the Federal Government for which eligibility (or 
        the amount of assistance) is based on financial need.
            (2) Federal contracts or licenses.--To receive any grant, 
        to enter into any contract or loan agreement, or to be issued 
        (or have renewed) any professional or commercial license, if 
        the grant, contract, loan, or license is provided or funded by 
        any Federal agency.
    (b) State Programs.--Notwithstanding any other provision of law, 
except as provided in section 603, any alien who is not lawfully 
present in the United States shall not be eligible for any of the 
following:
            (1) State assistance programs.--To receive any benefits 
        under any program of assistance (not described in subsection 
        (a)(1)) provided or funded, in whole or in part, by a State or 
        political subdivision of a State for which eligibility (or the 
        amount of assistance) is based on financial need.
            (2) State contracts or licenses.--To receive any grant, to 
        enter into any contract or loan agreement, or to be issued (or 
        have renewed) any professional or commercial license, if the 
        grant, contract, loan, or license is provided or funded by any 
        State agency.
    (c) Requiring Proof of Identity for Federal Contracts, Grants, 
Loans, Licenses, and Public Assistance.--
            (1) In general.--In considering an application for a 
        Federal contract, grant, loan, or license, or for public 
        assistance under a program described in paragraph (2), a 
        Federal agency shall require the applicant to provide proof of 
        identity under paragraph (3) to be considered for such Federal 
        contract, grant, loan, license, or public assistance.
            (2) Public assistance programs covered.--The requirement of 
        proof of identity under paragraph (1) shall apply to the 
        following Federal public assistance programs:
                    (A) SSI.--The supplemental security income program 
                under title XVI of the Social Security Act, including 
                State supplementary benefits programs referred to in 
                such title.
                    (B) AFDC.--The program of aid to families with 
                dependent children under part A or E of title IV of the 
                Social Security Act.
                    (C) Social services block grant.--The program of 
                block grants to States for social services under title 
                XX of the Social Security Act.
                    (D) Medicaid.--The program of medical assistance 
                under title XIX of the Social Security Act.
                    (E) Food stamps.--The program under the Food Stamp 
                Act of 1977.
                    (F) Housing assistance.--Financial assistance as 
                defined in section 214(b) of the Housing and Community 
                Development Act of 1980.
            (3) Documents that show proof of identity.--Any one of the 
        documents listed under this paragraph may be used as proof of 
        identity under this subsection. Any such document shall be 
        current and valid. No other document or documents shall be 
        sufficient to prove identity.
                    (A) United States passport (either current or 
                expired if issued both within the previous 20 years and 
                after the individual attained 18 years of age).
                    (B) Resident alien card.
                    (C) State driver's license, if presented with the 
                individual's social security account number card.
                    (D) State identity card, if presented with the 
                individual's social security account number card.
    (d) Authorization for States To Require Proof of Eligibility for 
State Programs.--In considering an application for contracts, grants, 
loans, licenses, or public assistance under any State program, a State 
is authorized to require the applicant to provide proof of eligibility 
to be considered for such State contracts, grants, loans, licenses, or 
public assistance.

SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR UNEMPLOYMENT 
              BENEFITS.

    (a) In General.--Notwithstanding any other provision of law, no 
unemployment benefits shall be payable (in whole or in part) out of 
Federal funds to the extent the benefits are attributable to any 
employment of the alien in the United States for which the alien was 
not granted employment authorization pursuant to Federal law.
    (b) Procedures.--Entities responsible for providing unemployment 
benefits subject to the restrictions of this section shall make such 
inquiries as may be necessary to assure that applicants for such 
benefits are eligible consistent with this section.

SEC. 603. GENERAL EXCEPTIONS.

    Sections 601 and 602 shall not apply to the following:
            (1) Emergency medical services.--The provision of emergency 
        medical services (as defined by the Attorney General in 
        consultation with the Secretary of Health and Human Services).
            (2) Public health immunizations.--Public health assistance 
        for immunizations with respect to immunizable diseases and for 
        testing and treatment for communicable diseases.
            (3) Short-term emergency disaster relief.--The provision of 
        non-cash, in-kind, short-term emergency disaster relief.

SEC. 604. 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 (as defined for purposes of section 603(1)) 
through a public hospital or other public facility to an individual who 
is an alien not lawfully present in the United States is entitled to 
receive payment from the Federal Government of its costs of providing 
such services, but only to the extent that such costs are not otherwise 
reimbursed through any other Federal program and cannot be recovered 
from the alien or another person.
    (b) Confirmation of Immigration Status Required.--No payment shall 
be made under this section with respect to services furnished to an 
individual unless the identity and immigration status of the individual 
has been verified with the Immigration and Naturalization Service in 
accordance with procedures established by the Attorney General.
    (c) Administration.--This section shall be administered by the 
Attorney General, in consultation with the Secretary of Health and 
Human Services.
    (d) Effective Date.--Subsection (a) shall not apply to emergency 
medical services furnished before October 1, 1995.

SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM 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 Committees on the Judiciary of the House of Representatives and of 
the Senate, the Committee on Banking of the House of Representatives, 
and the Committee on Banking, Housing, and Urban Affairs of the Senate, 
describing the manner in which the Secretary is enforcing section 214 
of the Housing and Community Development Act of 1980. The report shall 
contain statistics with respect to the number of aliens denied 
financial assistance under such section.

SEC. 606. DEFINITIONS.

    For purposes of this part:
            (1) Lawful presence.--The determination of whether an alien 
        is lawfully present in the United States shall be made in 
        accordance with regulations of the Attorney General. An alien 
        shall not be considered to be lawfully present in the United 
        States for purposes of this title merely because the alien may 
        be considered to be permanently residing in the United States 
        under color of law for purposes of any particular program.
            (2) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern 
        Mariana Islands, and American Samoa.

SEC. 607. REGULATIONS AND EFFECTIVE DATES.

    (a) Regulations.--The Attorney General shall first issue 
regulations to carry out this part (other than section 605) by not 
later than 60 days after the date of the enactment of this Act. Such 
regulations shall take effect on an interim basis, pending changes 
based on public comment.
    (b) Effective Date for Restrictions on Eligibility for Public 
Benefits.--(1) Except as provided in this subsection, section 601 shall 
apply to benefits provided, contracts or loan agreements entered into, 
and professional and commercial licenses issued (or renewed) on or 
after such date as the Attorney General specifies in regulations under 
subsection (a). Such date shall be at least 30 days, and not more than 
60 days, after the date the Attorney General first issues such 
regulations.
    (2) The Attorney General, in carrying out section 601(a)(2), may 
permit such section to be waived in the case of individuals for whom an 
application for the grant, contract, loan, or license is pending (or 
approved) as of a date that is on or before the effective date 
specified under paragraph (1).
    (c) Effective Date for Restrictions on Eligibility for Unemployment 
Benefits.--(1) Except as provided in this subsection, section 602 shall 
apply to unemployment benefits provided on or after such date as the 
Attorney General specifies in regulations under subsection (a). Such 
date shall be at least 30 days, and not more than 60 days, after the 
date the Attorney General first issues such regulations.
    (2) The Attorney General, in carrying out section 602, may permit 
such section to be waived in the case of an individual during a 
continuous period of unemployment for whom an application for 
unemployment benefits is pending as of a date that is on or before the 
effective date specified under paragraph (1).
    (d) Broad Dissemination of Information.--Before the effective dates 
specified in subsections (b) and (c), the Attorney General shall 
broadly disseminate information regarding the restrictions on 
eligibility established under this part.

                    PART 2--EARNED INCOME TAX CREDIT

SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED 
              TO BE EMPLOYED IN THE UNITED STATES.

    (a) In General.--Section 32(c)(1) of the Internal Revenue Code of 
1986 (relating to individuals eligible to claim the earned income tax 
credit) is amended by adding at the end the following new subparagraph:
                    ``(F) Identification number requirement.--The term 
                `eligible individual' does not include any individual 
                who does not include on the return of tax for the 
                taxable year--
                            ``(i) such individual's taxpayer 
                        identification number, and
                            ``(ii) if the individual is married (within 
                        the meaning of section 7703), the taxpayer 
                        identification number of such individual's 
                        spouse.''
    (b) Special Identification Number.--Section 32 of the Internal 
Revenue Code of 1986 (relating to earned income) is amended by adding 
at the end the following new subsection:
    ``(k) Identification Numbers.--For purposes of subsections 
(c)(1)(F) and (c)(3)(D), a taxpayer identification number means a 
social security number issued to an individual by the Social Security 
Administration (other than a social security number issued pursuant to 
clause (II) (or that portion of clause (III) that relates to clause 
(II)) of section 205(c)(2)(B)(i) of the Social Security Act).''
    (c) Extension of Procedures Applicable to Mathematical or Clerical 
Errors.--Section 6213(g)(2) of the Internal Revenue Code of 1986 
(relating to the definition of mathematical or clerical errors) is 
amended by striking ``and'' at the end of subparagraph (D), by striking 
the period at the end of subparagraph (E) and inserting ``, and'', and 
by inserting after subparagraph (E) the following new subparagraph:
                    ``(F) an omission of a correct taxpayer 
                identification number required under section 23 
                (relating to credit for families with younger children) 
                or section 32 (relating to the earned income tax 
                credit) to be included on a return.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1995.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

                                                   Title VI, Subtitle B

SEC. 621. GROUND FOR INADMISSIBILITY.

    (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 1182(a)) 
is amended to read as follows:
            ``(4) Public charge.--
                    ``(A) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 203(a), who cannot 
                demonstrate to the consular officer at the time of 
                application for a visa, or to the Attorney General at 
                the time of application for admission or adjustment of 
                status, that the alien's age, health, family status, 
                assets, resources, financial status, education, skills, 
                or a combination thereof, or an affidavit of support 
                described in section 213A, or both, make it unlikely 
                that the alien will become a public charge (as 
                determined under section 241(a)(5)(B)) is inadmissible.
                    ``(B) Nonimmigrants.--Any alien who seeks admission 
                under a visa number issued under section 214, who 
                cannot demonstrate to the consular officer at the time 
                of application for the visa that the alien's age, 
                health, family status, assets, resources, financial 
                status, education, skills or a combination thereof, or 
                an affidavit of support described in section 213A, or 
                both, make it unlikely that the alien will become a 
                public charge (as determined under section 
                241(a)(B)(5)) is inadmissible.
                    ``(C) Employment-based immigrants.--
                            ``(i) In general.--Any alien who seeks 
                        admission or adjustment of status under a visa 
                        number issued under paragraph (2) or (3) of 
                        section 203(b) who cannot demonstrate to the 
                        consular officer at the time of application for 
                        a visa, or to the Attorney General at the time 
                        of application for admission or adjustment of 
                        status, that the immigrant has a valid offer of 
                        employment is inadmissible.
                            ``(ii) Certain employment-based 
                        immigrants.--Any alien who seeks admission or 
                        adjustment of status under a visa number issued 
                        under section 203(b) by virtue of a 
                        classification petition filed by a relative of 
                        the alien (or by an entity in which such 
                        relative has a significant ownership interest) 
                        is inadmissible unless such relative has 
                        executed an affidavit of support described in 
                        section 213A with respect to such alien.''.
    (b) Effective Date.--(1) Subject to paragraph (2), the amendment 
made by subsection (a) shall apply to applications submitted on or 
after such date, not earlier than 30 days and not later than 60 days 
after the date the Attorney General promulgates under section 632(f) a 
standard form for an affidavit of support, as the Attorney General 
shall specify.
    (2) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act, 
as amended by subsection (a), shall apply only to aliens seeking 
admission or adjustment of status under a visa number issued on or 
after October 1, 1996.

SEC. 622. GROUND FOR DEPORTABILITY.

    (a) In General.--Paragraph (5) of section 241(a) (8 U.S.C. 1251(a)) 
is amended to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--Any alien who, within 7 years 
                after the date of entry or admission, becomes a public 
                charge is deportable.
                    ``(B) Exceptions.--(i) Subparagraph (A) shall not 
                apply if the alien establishes that the alien has 
become a public charge from causes that arose after entry or admission. 
A condition that the alien knew (or had reason to know) existed at the 
time of entry or admission shall be deemed to be a cause that arose 
before entry or admission.
                    ``(ii) The Attorney General, in the discretion of 
                the Attorney General, may waive the application of 
                subparagraph (A) in the case of an alien who is 
                admitted as a refugee under section 207 or granted 
                asylum under section 208.
                    ``(C) Individuals treated as public charge.--For 
                purposes of this title, an alien is deemed to be a 
                `public charge' if the alien receives benefits (other 
                than benefits described in subparagraph (E)) under one 
                or more of the public assistance programs described in 
                subparagraph (D) for an aggregate period of at least 12 
                months within 7 years after the date of entry. The 
                previous sentence shall not be construed as excluding 
                any other bases for considering an alien to be a public 
                charge, including bases in effect on the day before the 
                date of the enactment of the Immigration in the 
                National Interest Act of 1995. The Attorney General, in 
                consultation with the Secretary of Health and Human 
                Services, shall establish rules regarding the counting 
                of health benefits described in subparagraph (D)(iv) 
                for purposes of this subparagraph.
                    ``(D) Public assistance programs.--For purposes of 
                subparagraph (B), the public assistance programs 
                described in this subparagraph are the following (and 
                include any successor to such a program as identified 
                by the Attorney General in consultation with other 
                appropriate officials):
                            ``(i) SSI.--The supplemental security 
                        income program under title XVI of the Social 
                        Security Act, including State supplementary 
                        benefits programs referred to in such title.
                            ``(ii) AFDC.--The program of aid to 
                        families with dependent children under part A 
                        or E of title IV of the Social Security Act.
                            ``(iii) Social services block grant.--The 
                        program of block grants to States for social 
                        services under title XX of the Social Security 
                        Act.
                            ``(iv) Medicaid.--The program of medical 
                        assistance under title XIX of the Social 
                        Security Act.
                            ``(v) Food stamps.--The program under the 
                        Food Stamp Act of 1977.
                            ``(vi) State general cash assistance.--A 
                        program of general cash assistance of any State 
                        or political subdivision of a State.
                            ``(vii) Housing assistance.--Financial 
                        assistance as defined in section 214(b) of the 
                        Housing and Community Development Act of 1980.
                    ``(E) Certain assistance excepted.--For purposes of 
                subparagraph (B), an alien shall not be considered to 
                be a public charge on the basis of receipt of any of 
                the following benefits:
                            ``(i) Emergency medical services.--The 
                        provision of emergency medical services (as 
                        defined by the Attorney General in consultation 
                        with the Secretary of Health and Human 
                        Services).
                            ``(ii) Public health immunizations.--Public 
                        health assistance for immunizations with 
respect to immunizable diseases and for testing and treatment for 
communicable diseases.
                            ``(iii) Short-term emergency disaster 
                        relief.--The provision of non-cash, in-kind, 
                        short-term emergency disaster relief.''.
    (b) Effective Date.--(1) The amendment made by subsection (a) shall 
take effect as of the first day of the first month beginning at least 
30 days after the date of the enactment of this Act.
    (2) In applying section 241(a)(5)(C) of the Immigration and 
Nationality Act, as amended by subsection (a), no receipt of benefits 
under a public assistance program before the effective date described 
in paragraph (1) shall be taken into account.

      Subtitle C--Attribution of Income and Affidavits of Support

                                                   Title VI, Subtitle C

SEC. 631. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
              SPONSORED IMMIGRANTS.

    (a) Federal Programs.--Notwithstanding any other provision of law, 
in determining the eligibility and the amount of benefits of an alien 
for any Federal means-tested public benefits program (as defined in 
subsection (d)) the income and resources of the alien shall be deemed 
to include--
            (1) the income and resources of any individual who executed 
        an affidavit of support pursuant to section 213A of the 
        Immigration and Nationality Act (as inserted by section 632(a)) 
        in behalf of such alien, and
            (2) the income and resources of the spouse (if any) of the 
        individual.
    (b) Period of Attribution.--
            (1) Parents of united states citizens.--Subsection (a) 
        shall apply with respect to an alien who is admitted to the 
        United States as the parent of a United States citizen under 
        section 512 until the alien is naturalized as a citizen of the 
        United States.
            (2) Spouses of united states citizens and lawful permanent 
        residents.--Subsection (a) shall apply with respect to an alien 
        who is admitted to the United States as the spouse of a United 
        States citizen or lawful permanent resident under section 511 
        or section 512 until--
                    (A) 7 years after the date the alien is lawfully 
                admitted to the United States for permanent residence, 
                or
                    (B) the alien is naturalized as a citizen of the 
                United States,
        whichever occurs first.
            (3) Minor children of united states citizens and lawful 
        permanent residents.--Subsection (a) shall apply with respect 
        to an alien who is admitted to the United States as the minor 
        child of a United States citizen or lawful permanent resident 
        under section 511 or section 512 until the child attains the 
        age of 21 years or, if earlier, the date the child is 
        naturalized as a citizen of the United States.
            (4) Attribution of sponsor's income and resources ended if 
        sponsored alien becomes eligible for old-age benefits under 
        title ii of the social security act.--
                    (A) Notwithstanding any other provision of this 
                section, subsection (a) shall not apply and the period 
                of attribution of a sponsor's income and resources 
                under this subsection shall terminate if the alien is 
                employed for a period sufficient to qualify for old age 
                benefits under title II of the Social Security Act and 
                the alien is able to prove to the satisfaction of the 
                Attorney General that the alien qualifies.
                    (B) The Attorney General shall ensure that 
                appropriate information pursuant to subparagraph (A) is 
                provided to the System for Alien Verification of 
                Eligibility (SAVE).
    (c) Optional Application to State Programs.--
            (1) Authority.--Notwithstanding any other provision of law, 
        in determining the eligibility and the amount of benefits of an 
        alien for any State means-tested public benefits program, the 
        State or political subdivision that offers the program is 
        authorized to provide that the income and resources of the 
        alien shall be deemed to include--
                    (A) the income and resources of any individual who 
                executed an affidavit of support pursuant to section 
                213A of the Immigration and Nationality Act (as 
                inserted by section 632(a)) in behalf of such alien, 
                and
                    (B) the income and resources of the spouse (if any) 
                of the individual.
            (2) Period of attribution.--The period of attribution of a 
        sponsor's income and resources in determining the eligibility 
        and amount of benefits for an alien under any State means-
        tested public benefits program pursuant to paragraph (1) may 
        not exceed the Federal period of attribution with respect to 
        the alien.
    (d) Means-Tested Program Defined.--In this section:
            (1) The term ``means-tested public benefits program'' means 
        a program of public benefits (including cash, medical, housing, 
        and food assistance and social services) of the Federal 
        Government or of a State or political subdivision of a State in 
        which the eligibility of an individual, household, or family 
        eligibility unit for benefits under the program, or the amount 
        of such benefits, or both are determined on the basis of 
        income, resources, or financial need of the individual, 
        household, or unit.
            (2) The term ``Federal means-tested public benefits 
        program'' means a means-tested public benefits program of (or 
        contributed to by) the Federal Government.
            (3) The term ``State means-tested public benefits program'' 
        means a means-tested public benefits program that is not a 
        Federal means-tested program.

SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) In General.--Title II is amended by inserting after section 213 
the following new section:

           ``requirements for sponsor's affidavit of support

    ``Sec. 213A. (a) Enforceability.--(1) No affidavit of support may 
be accepted by the Attorney General or by any consular officer to 
establish that an alien is not inadmissible as a public charge under 
section 212(a)(4) unless such affidavit is executed by a sponsor of the 
alien as a contract--
            ``(A) that is legally enforceable against the sponsor by 
        the Federal Government and by any State (or any political 
        subdivision of such State) that provides any means-tested 
        public benefits program, until the expiration of the 10-year 
        period described in subsection (b)(4); and
            ``(B) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (b)(2).
    ``(2)(A) An affidavit of support shall be enforceable with respect 
to benefits provided under any means-tested public benefits program for 
an alien who is admitted to the United States as the parent of a United 
States citizen under section 512 until the alien is naturalized as a 
citizen of the United States.
    ``(B) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the spouse of a United 
States citizen or lawful permanent resident under section 511 or 
section 512 until--
            ``(i) 7 years after the date the alien is lawfully admitted 
        to the United States for permanent residence, or
            ``(ii) such time as the alien is naturalized as a citizen 
        of the United States,
        whichever occurs first.
    ``(C) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the minor child of a 
United States citizen or lawful permanent resident under section 511 or 
section 512 until the child attains the age of 21 years.
    ``(D)(i) Notwithstanding any other provision of this subparagraph, 
a sponsor shall be relieved of any liability under an affidavit of 
support if the sponsored alien is employed for a period sufficient to 
qualify for old age benefits under title II of the Social Security Act 
and the sponsor or alien is able to prove to the satisfaction of the 
Attorney General that the alien qualifies.
    ``(ii) The Attorney General shall ensure that appropriate 
information pursuant to clause (i) is provided to the System for Alien 
Verification of Eligibility (SAVE).
    ``(b) Reimbursement of Government Expenses.--(1)(A) Upon 
notification that a sponsored alien has received any benefit under any 
means-tested public benefits program, the appropriate Federal, State, 
or local official shall request reimbursement by the sponsor in the 
amount of such assistance.
    ``(B) The Attorney General, in consultation with the Secretary of 
Health and Human Services, shall prescribe such regulations as may be 
necessary to carry out subparagraph (A).
    ``(2) 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 commence payments, an 
action may be brought against the sponsor pursuant to the affidavit of 
support.
    ``(3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within 60 days of such 
failure, bring an action against the sponsor pursuant to the affidavit 
of support.
    ``(4) No cause of action may be brought under this subsection later 
than 10 years after the alien last received any benefit under any 
means-tested public benefits program.
    ``(5) If, pursuant to the terms of this subsection, a Federal, 
State, or local agency requests reimbursement from the sponsor in the 
amount of assistance provided, or brings an action against the sponsor 
pursuant to the affidavit of support, the appropriate agency may 
appoint or hire an individual or other person to act on behalf of such 
agency acting under the authority of law for purposes of collecting any 
moneys owed. Nothing in this subsection shall preclude any appropriate 
Federal, State, or local agency from directly requesting reimbursement 
from a sponsor for the amount of assistance provided, or from bringing 
an action against a sponsor pursuant to an affidavit of support.
    ``(c) Remedies.--Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies described 
in section 3201, 3203, 3204, or 3205 of title 28, United States Code, 
as well as an order for specific performance and payment of legal fees 
and other costs of collection, and include corresponding remedies 
available under State law. A Federal agency may seek to collect amounts 
owed under this section in accordance with the provisions of subchapter 
II of chapter 37 of title 31, United States Code.
    ``(d) Notification of Change of Address.--(1) The sponsor of an 
alien shall notify the Federal Government and the State in which the 
sponsored alien is currently residing within 30 days of any change of 
address of the sponsor during the period specified in subsection 
(a)(1).
    ``(2) Any person subject to the requirement of paragraph (1) who 
fails to satisfy such requirement shall be subject to a civil penalty 
of--
            ``(A) not less than $250 or more than $2,000, or
            ``(B) if such failure occurs with knowledge that the 
        sponsored alien has received any benefit under any means-tested 
        public benefits program, not less than $2,000 or more than 
        $5,000.
    ``(e) Definitions.--For the purposes of this section--
            ``(1) Sponsor.--The term `sponsor' means, with respect to 
        an alien, an individual who--
                    ``(A) is a citizen or national of the United States 
                or an alien who is lawfully admitted to the United 
                States for permanent residence;
                    ``(B) is 18 years of age or over;
                    ``(C) is domiciled in any State;
                    ``(D) demonstrates, through presentation of a 
                certified copy of a tax return or otherwise, the means 
                to maintain an annual income equal to at least 200 
                percent of the poverty level for the individual and the 
                individual's family (including the alien and any other 
                aliens with respect to whom the individual is a 
                sponsor); and
                    ``(E) is petitioning for the admission of the alien 
                under section 204.
            ``(2) Federal poverty line.--The term `Federal poverty 
        line' means the income official poverty line (as defined by the 
        Office of Management and Budget and revised annually in 
        accordance with section 673(2) of the Omnibus Budget 
        Reconciliation Act of 1981) that is applicable to a family of 
        the size involved.
            ``(3) Means-tested public benefits program.--The term 
        `means-tested public benefits program' means a program of 
        public benefits (including cash, medical, housing, and food 
        assistance and social services) of the Federal Government or of 
        a State or political subdivision of a State in which the 
        eligibility of an individual, household, or family eligibility 
        unit for benefits under the program, or the amount of such 
        benefits, or both are determined on the basis of income, 
        resources, or financial need of the individual, household, or 
        unit.''.
    (b) Requirement of Affidavit of Support From Employment Sponsors.--
For requirement for affidavit of support from individuals who file 
classification petitions for a relative as an employment-based 
immigrant, see the amendment made by section 621(a).
    (c) Settlement of Claims Prior to Naturalization.--Section 316(a) 
(8 U.S.C. 1427(a)) is amended--
            (1) by striking ``and'' before ``(3)'', and
            (2) by inserting before the period at the end the 
        following: ``, and (4) in the case of an applicant that has 
        received assistance under a means-tested public benefits 
        program (as defined in subsection (f)(3) of section 213A) 
        administered by a Federal, State, or local agency and with 
        respect to which amounts may be owing under an affidavit of 
        support executed under such section, provides satisfactory 
        evidence that there are no outstanding amounts that may be owed 
        to any such Federal, State, or local agency pursuant to such 
        affidavit by the sponsor who executed such affidavit''.
    (d) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 213 the 
following:

``Sec. 213A.  Requirements for sponsor's affidavit of support.''.
    (e) Effective Date.--Subsection (a) of section 213A of the 
Immigration and Nationality Act, as inserted by subsection (a) of this 
section, shall apply to affidavits of support executed on or after a 
date specified by the Attorney General, which date shall be not earlier 
than 60 days (and not later than 90 days) after the date the Attorney 
General formulates the form for such affidavits under subsection (f) of 
this section.
    (f) Promulgation of Form.--Not later than 90 days after the date of 
the enactment of this Act, the Attorney General, in consultation with 
the Secretary of State and the Secretary of Health and Human Services, 
shall promulgate a standard form for an affidavit of support consistent 
with the provisions of section 213A of the Immigration and Nationality 
Act.

                 TITLE VII--FACILITATION OF LEGAL ENTRY

                                                              Title VII

SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE 
              IMPROVEMENTS.

    (a) Increased Personnel.--
            (1) In general.--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 Secretary 
        of the Treasury shall increase, by approximately equal numbers 
        in each of the 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 now in 
        use, under construction, or whose construction has been 
        authorized by Congress.
            (2) Deployment of personnel.--The Attorney General and the 
        Secretary of the Treasury shall, to the maximum extent 
        practicable, ensure that the personnel hired pursuant to this 
        subsection shall be deployed among the various Immigration and 
        Naturalization Service sectors in proportion to the number of 
        land border crossings measured in each such sector during the 
        preceding fiscal year.
    (b) Improved Infrastructure.--
            (1) In general.--The Attorney General may, from time to 
        time, in consultation with the Secretary of the Treasury, 
        identify those physical improvements to the infrastructure of 
        the international land borders of the United States necessary 
        to expedite the inspection of persons and vehicles attempting 
        to lawfully enter the United States in accordance with existing 
        policies and procedures of the Immigration and Naturalization 
        Service, the United States Customs Service, and the Drug 
        Enforcement Agency.
            (2) Priorities.--Such improvements to the infrastructure of 
        the land border of the United States shall be substantially 
        completed and fully funded in those portions of the United 
        States where the Attorney General, in consultation with the 
        Committees on the Judiciary of the House of Representatives and 
        the Senate, objectively determines the need to be greatest or 
        most immediate before the Attorney General may obligate funds 
        for construction of any improvement otherwise located.

SEC. 702. COMMUTER LANE PILOT PROGRAMS.

    (a) Making Land Border Inspection Fee Permanent.--Section 286(q) (8 
U.S.C. 1356(q)) is amended--
            (1) in paragraph (1), by striking ``a project'' and 
        inserting ``projects'';
            (2) in paragraph (1), by striking ``Such project'' and 
        inserting ``Such projects''; and
            (3) by striking paragraph (5).
    (b) Conforming Amendment.--The Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriation Act, 1994 
(Public Law 103-121, 107 Stat. 1161) is amended by striking the fourth 
proviso under the heading ``Immigration and Naturalization Service, 
Salaries and Expenses''.

SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 235 the following new section:

                  ``preinspection at foreign airports

    ``Sec. 235A. (a) Establishment of Preinspection Stations.--(1) 
Subject to paragraph (4), not later than 2 years after the date of the 
enactment of this section, the Attorney General, in consultation with 
the Secretary of State, shall establish and maintain preinspection 
stations in at least 5 of the foreign airports that are among the 10 
foreign airports which the Attorney General identifies as serving as 
last points of departure for the greatest numbers of passengers who 
arrive from abroad by air at ports of entry within the United States. 
Such preinspection stations shall be in addition to any preinspection 
stations established prior to the date of the enactment of this 
section.
    ``(2) Not later than November 1, 1995, and each subsequent November 
1, the Attorney General shall compile data identifying--
            ``(A) the foreign airports which served as last points of 
        departure for aliens who arrived by air at United States ports 
        of entry without valid documentation during the preceding 
        fiscal years,
            ``(B) the number and nationality of such aliens arriving 
        from each such foreign airport, and
            ``(C) the primary routes such aliens followed from their 
        country of origin to the United States.
    ``(3) Subject to paragraph (4), not later than 4 years after the 
date of enactment of this section, the Attorney General, in 
consultation with the Secretary of State, shall establish preinspection 
stations in at least 5 additional foreign airports which the Attorney 
General, in consultation with the Secretary of State, determines based 
on the data compiled under paragraph (2) and such other information as 
may be available would most effectively reduce the number of aliens who 
arrive from abroad by air at points of entry within the United States 
without valid documentation. Such preinspection stations shall be in 
addition to those established prior to or pursuant to paragraph (1).
    ``(4) Prior to the establishment of a preinspection station the 
Attorney General, in consultation with the Secretary of State, shall 
ensure that--
            ``(A) employees of the United States stationed at the 
        preinspection station and their accompanying family members 
        will receive appropriate protection,
            ``(B) such employees and their families will not be subject 
        to unreasonable risks to their welfare and safety, and
            ``(C) the country in which the preinspection station is to 
        be established maintains practices and procedures with respect 
        to asylum seekers and refugees in accordance with the 
        Convention Relating to the Status of Refugees (done at Geneva, 
        July 28, 1951), or the Protocol Relating to the Status of 
        Refugees (done at New York, January 31, 1967).
    ``(b) Establishment of Carrier Consultant Program.--The Attorney 
General shall assign additional immigration officers to assist air 
carriers in the detection of fraudulent documents at foreign airports 
which, based on the records maintained pursuant to subsection (a)(2), 
served as a point of departure for a significant number of arrivals at 
United States ports of entry without valid documentation, but where no 
preinspection station exists.''.
    (c) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 235 the following new 
item:

``Sec. 235A.  Preinspection at foreign airports.''.

SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
              DOCUMENTS.

    (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
amended--
            (1) in clause (iv), by inserting ``, including training of, 
        and technical assistance to, commercial airline personnel 
        regarding such detection'' after ``United States'', and
            (2) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
    (b) Compliance With Detection Regulations.--Section 212(f) (8 
U.S.C. 1182(f)) is amended by adding at the end the following: 
``Whenever the Attorney General finds that a commercial airline has 
failed to comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent documents used 
by passengers traveling to the United States (including the training of 
personnel in such detection), the Attorney General may suspend the 
entry of some or all aliens transported to the United States by such 
airline.''.
    (c) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1996.
            (2) The Attorney General shall first issue, in proposed 
        form, regulations referred to in the second sentence of section 
        212(f) of the Immigration and Nationality Act, as added by the 
        amendment made by subsection (b), by not later than 90 days 
        after the date of the enactment of this Act.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                                                             Title VIII

SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as 
amended by section 222 of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416), is amended--
            (1) in subparagraph (N), by striking ``of title 18, United 
        States Code'' and inserting ``of this Act'', and
            (2) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting ``, for the purpose of commercial advantage''.
    (b) Effective Date of Conviction.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)), as amended by section 222(b) of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416), is 
amended by adding at the end the following sentence: ``Notwithstanding 
any other provision of law, the term applies for all purposes to 
convictions entered before, on, or after the date of enactment of the 
Immigration and Nationality Technical Corrections Act of 1994.''.
    (c) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 802. AMENDED DEFINITIONS OF ``CHILD'' AND ``PARENT'' TO FACILITATE 
              ADOPTION OF CHILDREN BORN OUT-OF-WEDLOCK.

    (a) In General.--Section 101(b) (8 U.S.C. 1101(b)(1) is amended--
            (1) in paragraph (1)(A), by striking ``a legitimate child'' 
        and inserting ``a child born in wedlock'', and
            (2) by paragraphs (1)(D) and (2), by striking ``an 
        illegitimate child'' and inserting ``a child born out of 
        wedlock''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    (a) In General.--Section 202(a) (8 U.S.C. 1152(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (5)'', and
            (2) by adding at the end the following new paragraph:
            ``(5) Construction.--Nothing in paragraph (1) 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.''.
    (b) Elimination of Consulate Shopping for Visa Overstays.--Section 
222 (8 U.S.C. 1202) is amended by adding at the end the following new 
subsection:
    ``(g) In the case of an alien who has entered and remained in the 
United States beyond the authorized period of stay, the alien is not 
eligible to be admitted to the United States as a nonimmigrant on the 
basis of a visa issued other than in a consular office located in the 
country of the alien's nationality (or, if there is no office in such 
country, at such other consular office as the Secretary of State shall 
specify).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to visas issued before, on, or after the date of the enactment of 
this Act.

SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
              FOR VISAS.

    Section 212(b) (8 U.S.C. 1182(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (3) by inserting at the end the following paragraph:
    ``(2) With respect to applications for visas, the Secretary of 
State may waive the application of paragraph (1) in the case of a 
particular alien or any class or classes of aliens inadmissible under 
subsection (a)(2) or (a)(3).''.

SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

    Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
            (1) by striking ``and residents'' and inserting ``, 
        residents'', and
            (2) by striking ``nationals,'' and inserting ``nationals, 
        and aliens who are granted permanent residence by the 
        government of the foreign contiguous territory and who are 
        residing in that territory''.

SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.

    (a) Removal of any Requirement for Objective Wage System for All 
Employers.--Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at 
the end the following new paragraph:
    ``(3) For purposes of determining the actual wages paid under 
paragraph (1)(A)(i)(I), an employer shall not be required to have and 
document an objective system to determine the wages of workers.''.
    (b) Inapplicability of Certain Regulations to Non-H-1B-Dependent 
Employers.--
            (1) Definition of h-1b-dependent employer.--Section 
        212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by inserting after 
        subparagraph (D) the following new subparagraph:
            ``(E) In this subsection, the term `H-1B-dependent 
        employer' means an employer that--
                    ``(i)(I) has fewer than 41 full-time equivalent 
                employees who are employed in the United States, and 
                (II) employs 4 or more nonimmigrants under section 
                101(a)(15)(H)(i)(b); or
                    ``(ii)(I) has at least 41 full-time equivalent 
                employees who are employed in the United States, and 
                (II) employs nonimmigrants described in section 
                101(a)(15)(H)(i)(b) in a number that is equal to at 
                least 10 percent of the number of such full-time 
                equivalent employees.
        In applying this subparagraph, any group treated as a single 
        employer under subsection (b), (c), (m), or (o) of section 414 
        of the Internal Revenue Code of 1986 shall be treated as a 
        single employer under this subparagraph. Aliens with respect to 
        whom the employer has filed such an application shall be 
        treated as employees, and counted as nonimmigrants under 
        section 101(a)(15)(H)(i)(b), under this subparagraph.''.
            (2) Limiting application of certain requirements for non-h-
        1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)), as 
        amended in subsection (a), is further amended by adding at the 
        end the following new paragraph:
    ``(4) In carrying out this subsection in the case of an employer 
that is not an H-1B-dependent employer--
            ``(A) the employer is not required to post notices at 
        worksites that were not listed on the application under 
        paragraph (1) if the worksites are within the area of intended 
        employment listed on such application; and
            ``(B) if the employer has filed and had certified an 
        application under paragraph (1) with respect to one or more 
        nonimmigrants described in section 101(a)(15)(H)(i)(b) for one 
        or more areas of employment--
                    ``(i) the employer is not required to file and have 
                certified an additional application under paragraph (1) 
                with respect to such a nonimmigrant for an area of 
                employment not listed in the previous application 
                because the employer has placed one or more such 
                nonimmigrants in such a nonlisted area so long as each 
                such nonimmigrant is not placed in such nonlisted areas 
                for a period exceeding 45 workdays in any 12-month 
                period and not to exceed 90 workdays in any 36-month 
                period, and
                    ``(ii) the employer is not required to pay per diem 
                and transportation costs at any specified rates for 
                work performed in such a nonlisted area.''.
            (3) Limitation on authority to initiate complaints and 
        conduct investigations for non-h-1b-dependent employers.--
        Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
                    (A) in the second sentence, by inserting before the 
                period at the end the following: ``, except that the 
                Secretary may only file such a complaint in the case of 
                an H-1B-dependent employer (as defined in subparagraph 
                (E))'', and
                    (B) by inserting after the second sentence the 
                following new sentence: ``No investigation or hearing 
                shall be conducted with respect to an employer that is 
                not an H-1B-dependent employer except in response to a 
                complaint filed under the previous sentence.''.
            (4) Delay permitted for certification in the case of h-1b-
        dependent employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) 
        is amended by inserting before the period at the end the 
        following: ``(or 30 days in the case of an employer which is an 
        H-1B-dependent employer)''.
    (c) No Displacement of American Workers Permitted.--(1) Section 
212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (D) the following new subparagraph:
            ``(E)(i) If the employer--
                    ``(I) within the 6 months preceding the date the 
                alien begins employment pursuant to such admission or 
                the provision of such status, laid off any protected 
                individual (within the meaning of section 274B(a)(3)) 
                with substantially equivalent qualifications and 
                experience in the specific employment for which the 
                nonimmigrant is being sought, the employer will pay an 
                actual wage to the nonimmigrant that is at least 110 
                percent of the arithmetic mean of the last wage earned 
                by such laid off employees (or, if greater, 110 percent 
                of arithmetic mean of the highest wage earned by such 
                laid off employees within the most recent year if the 
                employer reduced such wage during such year other than 
                as part of a general company-wide reduction of wages 
                for substantially all employees); and
                    ``(II) within the 90 days following the date the 
                alien so begins employment and for so long as the 
                application remains active or a visa remains in effect 
                with respect to a nonimmigrant pursuant to such an 
                application, lays off any protected individual (within 
                the meaning of section 274B(a)(3)) with substantially 
                equivalent qualifications and experience in the 
                specific employment for which the nonimmigrant is 
                employed, the employer will pay an actual wage to the 
                nonimmigrant that is at least 110 percent of the 
                arithmetic mean of the last wage earned by such laid 
                off employees (or, if greater, 110 percent of 
                arithmetic mean of the highest wage earned by such laid 
                off employees within the most recent year if the 
                employer reduced such wage during such year other than 
                as part of a general company-wide reduction of wages 
                for substantially all employees).
            ``(ii) In the case of an employer that is a job contractor 
        (within the meaning of regulations promulgated to carry out 
        this subsection), the contractor will not place the employee 
        with any other employer unless such other employer has executed 
        an attestation that the employer is complying and will continue 
        to comply with the requirements of clause (i) in the same 
        manner as they apply to the job contractor.
            ``(iii) For purposes of this subparagraph, the term `laid 
        off', with respect to an employee--
                    ``(I) means the employee's loss of employment, 
                other than a discharge for cause, voluntary departure, 
                or retirement, and
                    ``(II) does not include any situation in which the 
                employee involved is offered a similar job opportunity 
                with the same employer carrying similar compensation 
                and benefits as the position from which the employee 
                was laid off, regardless of whether or not the employee 
                accepts the offer.''.
    (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by adding at 
the end the following new subparagraph:
    ``(F) Under regulations of the Secretary, the previous provisions 
of this paragraph shall apply to complaints respecting a failure of an 
other employer to comply with an attestation described in paragraph 
(1)(E)(ii) in the same manner that they apply to complaints of a 
petitioner with respect to a failure to comply with a condition 
described in paragraph (1)(E)(i).''.
    (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended by 
inserting ``or (1)(E)'' after ``(1)(B)''.
    (d) Computation of Prevailing Wage Level.--Section 212(n) (8 U.S.C. 
1182(n)) is amended by adding at the end the following new paragraph:
    ``(3) In computing the prevailing wage level for an occupational 
classification in an area of employment for purposes of paragraph 
(1)(A)(i)(II) and subsection (a)(5)(A) in the case of an employee of an 
institution of higher education (as defined in section 1201(a) of the 
Higher Education Act of 1965), or a related or affiliated nonprofit 
entity, the prevailing wage level shall only take into account 
employees at such institutions and entities in the area of 
employment.''.
    (e) Effective Dates.--
            (1) Except as otherwise provided in this subsection, the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act and shall apply to applications 
        filed with the Secretary of Labor on or after 30 days after the 
        date of the enactment of this Act.
            (2) The amendments made by subsection (b)(3) shall apply to 
        complaints filed, and to investigations or hearings initiated, 
        on or after January 15, 1995.

SEC. 807. VALIDITY OF PERIOD OF VISAS.

    (a) Extension of Validity of Immigrant Visas to 6 Months.--Section 
221(c) (8 U.S.C. 1201(c)) is amended by striking ``four months'' and 
inserting ``six months''.
    (b) Authorizing Application of Reciprocity Rule for Nonimmigrant 
Visa in Case of Refugees and Permanent Residents.--Such section is 
further amended by inserting before the period at the end of the third 
sentence the following: ``; except that in the case of aliens who are 
nationals of a foreign country and who either are granted refugee 
status and firmly resettled in another foreign country or are granted 
permanent residence and residing in another foreign country, the 
Secretary of State may prescribe the period of validity of such a visa 
based upon the treatment granted by that other foreign country to alien 
refugees and permanent residents, respectively, in the United States''.

SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS NOT 
              LAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 245(i) (8 U.S.C. 1255), as added by 
section 506(b) of the Department of State and Related Agencies 
Appropriations Act, 1995 (Public Law 103-317, 108 Stat. 1765), is 
amended--
            (1) in paragraph (1), by inserting ``pursuant to section 
        301 of the Immigration Act of 1990 is not required to depart 
        from the United States and who'' after ``who'' the first place 
        it appears, and
            (2) by adding at the end of paragraph (2) the following: 
        ``For purposes of subparagraph (A), the ground of 
        inadmissibility described in section 212(a)(9) shall not 
        apply.''.
    (b) Effective Date.--(1) The amendment made by subsection (a)(1) 
shall apply to applications for adjustment of status filed after 
September 30, 1996.
    (2) The amendment made by subsection (a)(2) shall take effect on 
the title III-A effective date (as defined in section 309(a)).

SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS FILES.

    (a) Legalization Program.--Section 245A(c)(5) (8 U.S.C. 
1255a(c)(5)) is amended--
            (1) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively;
            (2) by striking ``Neither'' and inserting ``(A) Except as 
        provided in this paragraph, neither'';
            (3) by redesignating the last sentence as subparagraph (D);
            (4) by striking the semicolon and inserting a period;
            (5) by striking ``except that the'' and inserting the 
        following:
            ``(B) The'';
            (6) by inserting after subparagraph (B), as created by the 
        amendment made by paragraph (5), the following:
            ``(C) The Attorney General may authorize disclosure of 
        information contained in the application of the alien under 
        this section to be used--
                    ``(i) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated;
                    ``(ii) for criminal law enforcement purposes 
                against the alien whose application is to be disclosed 
                if the alleged criminal activity occurred after the 
                legalization application was filed and such activity 
                involves terrorist activity or poses either an 
                immediate risk to life or to national security, or 
                would be prosecutable as an aggravated felony, but 
                without regard to the length of sentence that could be 
                imposed on the applicant; or
                    ``(iii) for immigration enforcement purposes but 
                only if the information is the date or disposition of 
                the application.''; and
            (7) by adding at the end the following new subparagraph:
            ``(E) Nothing in this paragraph shall preclude the release 
        for immigration enforcement purposes of the following 
        information contained in files or records of the Service 
        pertaining to the application:
                    ``(i) The immigration status of the applicant on 
                any given date after the date of filing the application 
                (including whether the applicant was authorized to 
                work).
                    ``(ii) The date of the applicant's adjustment (if 
                any) to the status of an alien lawfully admitted for 
                permanent residence.
                    ``(iii) Information concerning whether the 
                applicant has been convicted of a crime occurring after 
                the date of filing the application.''.
    (b) Special Agricultural Worker Program.--Section 210(b) of such 
Act (8 U.S.C. 1160(b)) is amended--
            (1) in paragraph (5), by inserting ``, except as permitting 
        under paragraph (6)(B)'' after ``consent of the alien'';
            (2) in paragraph (6)--
                    (A) by striking ``Neither'' and inserting ``(A) 
                Except as provided in subparagraph (B), neither'';
                    (B) by striking ``Anyone'' and inserting the 
                following:
            ``(C) Anyone'';
                    (C) by inserting after the first sentence the 
                following:
            ``(B) The Attorney General may authorize disclosure of 
        information contained in the application of the alien to be 
        used--
                    ``(i) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated,
                    ``(ii) for criminal law enforcement purposes 
                against the alien whose application is to be disclosed 
                if the alleged criminal activity occurred after the 
                special agricultural worker application was filed and 
                such activity involves terrorist activity or poses 
                either an immediate risk to life or to national 
                security, or would be prosecutable as an aggravated 
                felony, but without regard to the length of sentence 
                that could be imposed on the applicant, or
                    ``(iii) for immigration enforcement purposes but 
                only if the information is the date or disposition of 
                the application.''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) Nothing in this paragraph shall preclude the release 
        for immigration enforcement purposes of the following 
        information contained in files or records of the Service 
        pertaining to the application:
                    ``(i) The immigration status of the applicant on 
                any given date after the date of filing the application 
                (including whether the applicant was authorized to 
                work).
                    ``(ii) The date of the applicant's adjustment (if 
                any) to the status of an alien lawfully admitted for 
                permanent residence.
                    ``(iii) Information concerning whether the 
                applicant has been convicted of a crime occurring after 
                the date of filing the application.''.

SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF MEMBERS OF 
              THE ARMED SERVICES.

    Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (R),
            (2) by striking the period at the end of subparagraph (S) 
        and inserting ``; or'', and
            (3) by inserting after subparagraph (S) the following new 
        subparagraph:
            ``(T) an alien who is the spouse or child of a another 
        alien who is serving on active duty in the Armed Forces of the 
        United States during the period in which the other alien is 
        stationed in the United States.''.

SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH 
              CERTIFICATES.

    Section 141 of the Immigration Act of 1990 is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (1),
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) transmit to Congress, not later than January 1, 1997, 
        a report containing recommendations (consistent with subsection 
        (c)(3)) of methods of reducing or eliminating the fraudulent 
        use of birth certificates for the purpose of obtaining other 
        identity documents that may be used in securing immigration, 
        employment, or other benefits.''; and
            (2) by adding at the end of subsection (c) the following 
        new paragraph:
            ``(3) For report on reducing birth certificate fraud.--In 
        the report described in subsection (b)(3), the Commission shall 
        consider and analyze the feasibility of--
                    ``(A) establishing national standards for 
                counterfeit-resistant birth certificates, and
                    ``(B) limiting the issuance of official copies of a 
                birth certificate of an individual to anyone other than 
                the individual or others acting on behalf of the 
                individual.''.

SEC. 812. UNIFORM VITAL STATISTICS.

    (a) Pilot Program.--The Secretary of Health and Human Services 
shall consult with the State agency responsible for registration and 
certification of births and deaths and, within 3 years of the date of 
enactment of this Act, shall establish a pilot program for 3 of the 5 
States with the largest number of undocumented aliens of an electronic 
network linking the vital statistics records of such States. The 
network shall provide, where practical, for the matching of deaths with 
births and shall enable the confirmation of births and deaths of 
citizens of such States, or of aliens within such States, by any 
Federal or State agency or official in the performance of official 
duties. The Secretary and participating State agencies shall institute 
measures to achieve uniform and accurate reporting of vital statistics 
into the pilot program network, to protect the integrity of the 
registration and certification process, and to prevent fraud against 
the Government and other persons through the use of false birth or 
death certificates.
    (b) Report.--Not later than 180 days after the establishment of the 
pilot program under subsection (a), the Secretary shall issue a written 
report to Congress with recommendations on how the pilot program could 
effectively be instituted as a national network for the United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1996 and for subsequent fiscal years such 
sums as may be necessary to carry out this section.

SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT AGENCIES, 
              AND THE IMMIGRATION AND NATURALIZATION SERVICE.

    Notwithstanding any other provision of Federal, State, or local 
law, no 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, or an alien in the United States.

SEC. 814. CRIMINAL ALIEN REIMBURSEMENT COSTS.

    Amounts appropriated to carry out section 501 of the Immigration 
and Reform Act of 1986 for fiscal year 1995 shall be available to carry 
out section 242(j) of the Immigration and Nationality Act in that 
fiscal year with respect to undocumented criminal aliens incarcerated 
under the authority of political subdivisions of a State.

SEC. 815. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Amendments Relating to Public Law 103-322 (Violent Crime 
Control and Law Enforcement Act of 1994).--
            (1) Section 60024(1)(F) of the Violent Crime Control and 
        Law Enforcement Act of 1994 (Public Law 103-322) (in this 
        subsection referred to as ``VCCLEA'') is amended by inserting 
        ``United States Code,'' after ``title 18,''.
            (2) Section 274(a)(2) (8 U.S.C. 1324(a)(2)), as amended by 
        section 60024(2) of VCCLEA, is amended by striking the first 
        period after ``both''.
            (3) Section 130003(b)(3) of VCCLEA is amended by striking 
        ``Naturalization'' and inserting ``Nationality''.
            (4)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 130003(b)(2) 
        of VCCLEA (108 Stat. 2025), and the subsection (k), added by 
        section 220(b) of the Immigration and Nationality Technical 
        Amendments Act of 1994 (Public Law 103-416, 108 Stat. 4319), as 
        subsections (k) and (l), respectively.
            (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
        amended by striking ``214(j)'' and inserting ``214(k)''.
            (5)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 130003(c)(1) 
        of VCCLEA as subsection (j).
            (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA 
        and before redesignation by section 305(2), is amended by 
        striking ``245(i)'' and inserting ``245(j)''.
            (6) Section 245(i)(3), as added by section 130003(c)(1) of 
        VCCLEA, is amended by striking ``paragraphs (1) or (2)'' and 
        inserting ``paragraph (1) or (2)''.
            (7) Section 130007(a) of VCCLEA is amended by striking 
        ``242A(d)'' and inserting ``242A(a)(3)''.
            (8) The amendments made by this subsection shall be 
        effective as if included in the enactment of the VCCLEA.
    (b) Amendments Relating to Immigration and Nationality Technical 
Corrections Act of 1994.--
            (1) Section 101(d) of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) (in this 
        subsection referred to as ``INTCA'') is amended--
                    (A) by striking ``Application'' and all that 
                follows through ``This'' and inserting ``Applicability 
                of Transmission Requirements.--This'';
                    (B) by striking ``any residency or other retention 
                requirements for'' and inserting ``the application of 
                any provision of law relating to residence or physical 
                presence in the United States for purposes of 
                transmitting United States''; and
                    (C) by striking ``as in effect'' and all that 
                follows through the end and inserting ``to any person 
                whose claim is based on the amendment made by 
                subsection (a) or through whom such a claim is 
                derived.''.
            (2) Section 102 of INTCA is amended by adding at the end 
        the following new subsection:
    ``(e) Transition.--In applying the amendment made by subsection (a) 
to children born before November 14, 1986, any reference in the matter 
inserted by such amendment to `five years, at least two of which' is 
deemed a reference to `10 years, at least 5 of which'.''.
            (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by 
        section 105(a)(2)(A) of INTCA, is amended by striking the comma 
        after ``nationality''.
            (4) Section 207(2) of INTCA is amended by inserting a comma 
        after ``specified''.
            (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
                    (A) in subparagraph (K)(ii), by striking the comma 
                after ``1588'', and
                    (B) in subparagraph (O), by striking ``suspicion'' 
                and inserting ``suspension''.
            (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by 
        section 209(a) of INTCA, is amended by striking ``remain'' and 
        inserting ``remains''.
            (7) Section 209(a)(1) of INTCA is amended by striking 
        ``$3000'' and inserting ``$3,000''.
            (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.
            (9) Section 217(f) (8 U.S.C. 1187(f)), as amended by 
        section 210 of INTCA, is amended by adding a period at the end.
            (10) Section 219(cc) of INTCA is amended by striking `` 
        `year 1993 the first place it appears' '' and inserting `` 
        `year 1993' the first place it appears''.
            (11) Section 219(ee) of INTCA is amended by adding at the 
        end the following new paragraph:
    ``(3) The amendments made by this subsection shall take effect on 
the date of the enactment of this Act.''.
            (12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
        1356(r)) are amended by inserting ``the'' before ``Fund'' each 
        place it appears.
            (13) Section 221 of INTCA is amended--
                    (A) by striking each semicolon and inserting a 
                comma,
                    (B) by striking ``disasters.'' and inserting 
                ``disasters,'', and
                    (C) by striking ``The official'' and inserting 
                ``the official''.
            (14) Section 242A (8 U.S.C. 1252a), as added by section 
        224(a) of INTCA and before redesignation as section 238 by 
        section 308(b)(6), is amended by redesignating subsection (d) 
        as subsection (c).
            (15) Section 225 of INTCA is amended--
                    (A) by striking ``section 242(i)'' and inserting 
                ``sections 242(i) and 242A'', and
                    (B) by inserting ``, 1252a'' after ``1252(i)''.
            (16) Except as otherwise provided in this subsection, the 
        amendments made by this subsection shall take effect as if 
        included in the enactment of INTCA.
    (c) Striking References to Section 210A.--
            (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and 
        section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each 
        amended by striking ``, 210A,''.
            (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
        redesignation by section 305(2), is amended by striking 
        subparagraph (F).
            (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
        Reform and Control Act of 1986 are each amended by striking ``, 
        210A,''.
    (d) Miscellaneous Changes in the Immigration and Nationality Act.--
            (1) Before being amended by section 308(a), the item in the 
        table of contents relating to section 242A is amended to read 
        as follows:

``Sec. 242A. Expedited deportation of aliens convicted of committing 
                            aggravated felonies.''.
            (2) Section 101(a)(43)(N) (8 U.S.C. 1101(a)(43)(N)) is 
        amended by striking ``of title 18, United States Code''.
            (3) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
        striking ``, 321, and 322'' and inserting ``and 321''.
            (4) Pursuant to section 6(b) of Public Law 103-272 (108 
        Stat. 1378)--
                    (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is 
                amended by striking ``section 101(3) of the Federal 
                Aviation Act of 1958'' and inserting ``section 
                40102(a)(2) of title 49, United States Code''; and
                    (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is 
                amended by striking ``section 105 or 106 of the 
                Hazardous Materials Transportation Act (49 U.S.C. App. 
                1804, 1805'' and inserting ``section 5103(b), 5104, 
                5106, 5107, or 5110 of title 49, United States Code''.
            (5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is 
        amended by inserting a period after ``expended''.
            (6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
        amended--
                    (A) by striking ``and'' at the end of clause (iv),
                    (B) by moving clauses (v) and (vi) 2 ems to the 
                left,
                    (C) by striking ``; and'' in clauses (v) and (vi) 
                and inserting ``and for'',
                    (D) by striking the colons in clauses (v) and (vi), 
                and
                    (E) by striking the period at the end of clause (v) 
                and inserting ``; and''.
            (7) Section 412(b) (8 U.S.C. 1522(b)) is amended by 
        striking the comma after ``is authorized'' in paragraph (3) and 
        after ``The Secretary'' in paragraph (4).
    (e) Miscellaneous Change in the Immigration Act of 1990.--Section 
161(c)(3) of the Immigration Act of 1990 is amended by striking ``an 
an'' and inserting ``of an''.
    (f) Miscellaneous Changes in Other Acts.--
            (1) Section 506(a) of the Intelligence Authorization Act, 
        Fiscal Year 1990 (Public Law 101-193) is amended by striking 
        ``this section'' and inserting ``such section''.
            (2) Section 140 of the Foreign Relations Authorization Act, 
        Fiscal Years 1994 and 1995, as amended by section 505(2) of 
        Public Law 103-317, is amended--
                    (A) by moving the indentation of subsections (f) 
                and (g) 2 ems to the left, and
                    (B) in subsection (g), by striking ``(g)'' and all 
                that follows through ``shall'' and inserting ``(g) 
                Subsections (d) and (e) shall''.
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