[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2202 Reported in House (RH)]

                                                 Union Calendar No. 229

104th CONGRESS

  2d Session

                               H. R. 2202

               [Report No. 104-469, Parts I, II, and III]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 8, 1996

       Reported from the Committee on Agriculture with amendments

                             March 8, 1996

    The Committees on Banking and Financial Services, Economic and 
   Educational Opportunities, National Security, and Ways and Means 
discharged; committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed





                                                 Union Calendar No. 229
104th CONGRESS
  2d Session
                                H. R. 2202

               [Report No. 104-469, Parts I, II, and III]

 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 19, 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

                             March 4, 1996

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 4, 1996

   Referral to the Committees on Agriculture, Banking and Financial 
Services, Economic and Educational Opportunities, Government Reform and 
Oversight, National Security, and Ways and Means extended for a period 
                  ending not later than March 8, 1996

                             March 7, 1996

  Reported from the Committee on Government Reform and Oversight with 
                               amendments
 [Omit the part struck through in brackets and insert the part printed 
                         in italic in brackets]

                             March 8, 1996

       Reported from the Committee on Agriculture with amendments
              [Insert the part printed in boldface roman]

                             March 8, 1996

Additional sponsors: Mr. Buyer, Mr. Cramer, Mr. Norwood, Mr. Riggs, Mr. 
Lipinski, Mr. Franks of Connecticut, Mr. Cox of California, Mr. Talent, 
  Mrs. Fowler, Mr. Frazer, Mr. Cooley, Mr. Chambliss, Mr. Bevill, Mr. 
   Greenwood, Mr. Obey, Mr. Browder, Mrs. Lincoln, Mr. Sisisky, Mr. 
                 Cremeans, Mr. Bateman, and Mr. Martini
 Deleted sponsor: Mr. Kim (added August 4, 1995; deleted September 27, 
                                 1995)

                             March 8, 1996

    The Committees on Banking and Financial Services, Economic and 
   Educational Opportunities, National Security, and Ways and Means 
discharged; committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND 
              NATIONALITY ACT; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Immigration in the National Interest Act of 1995''.</DELETED>
<DELETED>    (b) Amendments to Immigration and Nationality Act.--Except 
as otherwise specifically provided--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

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

          <DELETED>Subtitle A--Improved Enforcement at Border

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

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

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

 <DELETED>Subtitle A--Enhanced Enforcement and Penalties Against Alien 
                               Smuggling

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

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

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

   <DELETED>Subtitle A--Revision of Procedures for Removal of Aliens

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

        <DELETED>Part 1--Removal Procedures for Alien Terrorists

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

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

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

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

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

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

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

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

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

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

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

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

               <DELETED>Part 1--Public Benefits Generally

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

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

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

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

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

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

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

     <DELETED>Subtitle A--Improved Enforcement at Border</DELETED>

                                 <DELETED>Title I, Subtitle A</DELETED>

<DELETED>SEC. 101. BORDER PATROL AGENTS AND SUPPORT 
              PERSONNEL.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) be actively engaged in law enforcement 
        activities related to the illegal crossing of the borders of 
        the United States.</DELETED>

<DELETED>SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Construction of Fencing and Road Improvements in the 
Border Area Near San Diego, California.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION 
              CARD.</DELETED>

<DELETED>    (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.''.</DELETED>
<DELETED>    (b) Effective Dates.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.</DELETED>

<DELETED>    (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively, and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following new subsection:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) at least $50 and not more than $250 for each 
        such entry (or attempted entry), or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE 
              UNITED STATES UNLAWFULLY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.</DELETED>

<DELETED>    (a) Requirement.--Section 103 (8 U.S.C. 1103) is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The Attorney General shall provide that the annual 
report of the Service include a description of steps taken to carry out 
paragraph (1).''.</DELETED>
<DELETED>    (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.</DELETED>

             <DELETED>Subtitle B--Pilot Programs</DELETED>

                                 <DELETED>Title I, Subtitle B</DELETED>

<DELETED>SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION OF 
              INADMISSIBLE OR DEPORTABLE ALIENS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR 
              THE DETENTION OF INADMISSIBLE OR DEPORTABLE 
              ALIENS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Definition.--For purposes of this section, the term 
``base closure law'' means each of the following:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Title II of the Defense Authorization 
        Amendments and Base Closure and Realignment Act (Public Law 
        100-526; 10 U.S.C. 2687 note).</DELETED>
        <DELETED>    (3) Section 2687 of title 10, United States 
        Code.</DELETED>
        <DELETED>    (4) Any other similar law enacted after the date 
        of the enactment of this Act.</DELETED>

<DELETED>SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING 
              PASSENGERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Information.--The report shall include the 
        following information for each participating port of 
        entry:</DELETED>
                <DELETED>    (A) The number of departure records 
                collected, with an accounting by country of nationality 
                of the departing alien.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) The estimated cost of establishing a 
                national system to verify the departure from the United 
                States of aliens admitted temporarily as 
                nonimmigrants.</DELETED>
        <DELETED>    (3) Recommendations.--The report also shall 
        include specific recommendations for implementation of the 
        pilot program on a permanent basis.</DELETED>
<DELETED>    (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.</DELETED>

          <DELETED>Subtitle C--Interior Enforcement</DELETED>

                                 <DELETED>Title I, Subtitle C</DELETED>

<DELETED>SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR 
              ENFORCEMENT.</DELETED>

<DELETED>    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.</DELETED>

  <DELETED>TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN 
                  SMUGGLING; DOCUMENT FRAUD</DELETED>

 <DELETED>Subtitle A--Enhanced Enforcement and Penalties Against Alien 
                          Smuggling</DELETED>

                                <DELETED>Title II, Subtitle A</DELETED>

<DELETED>SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING 
              INVESTIGATIONS.</DELETED>

<DELETED>    Section 2516(1) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        (n),</DELETED>
        <DELETED>    (2) by redesignating paragraph (o) as paragraph 
        (p), and</DELETED>
        <DELETED>    (3) by inserting after paragraph (n) the following 
        new paragraph:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) a violation of section 274, 277, or 278 of 
        the Immigration and Nationality Act (relating to the smuggling 
        of aliens); or''.</DELETED>

<DELETED>SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN 
              SMUGGLING.</DELETED>

<DELETED>    Section 1961(1) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``section 1028 (relating to fraud 
        and related activity in connection with identification 
        documents),'' before ``section 1029'';</DELETED>
        <DELETED>    (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),'';</DELETED>
        <DELETED>    (3) by striking ``or'' before ``(E)''; 
        and</DELETED>
        <DELETED>    (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)''.</DELETED>

<DELETED>SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN 
              SMUGGLING.</DELETED>

<DELETED>    (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) 
is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subparagraph:</DELETED>
<DELETED>    ``(C) Any person who engages in any conspiracy to commit, 
or aids or abets the commission of, any of the acts described in--
</DELETED>
        <DELETED>    ``(i) subparagraph (A)(i) shall be fined under 
        title 18, United States Code, imprisoned not more than 10 
        years, or both; or</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Smuggling of Aliens Who Will Commit Crimes.--Section 
274(a)(2) (8 U.S.C. 1324(a)(2)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)--</DELETED>
                <DELETED>    (A) by striking ``or'' at the end of 
                clause (ii),</DELETED>
                <DELETED>    (B) by adding ``or'' at the end of clause 
                (iii), and</DELETED>
                <DELETED>    (C) by inserting after clause (iii) the 
                following:</DELETED>
                        <DELETED>    ``(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</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES 
              ATTORNEYS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.</DELETED>

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

        <DELETED>``undercover investigation authority</DELETED>

<DELETED>    ``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--
</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) section 3679(a) of the Revised 
                Statutes (31 U.S.C. 1341),</DELETED>
                <DELETED>    ``(B) section 3732(a) of the Revised 
                Statutes (41 U.S.C. 11(a)),</DELETED>
                <DELETED>    ``(C) section 305 of the Act of June 30, 
                1949 (63 Stat. 396; 41 U.S.C. 255),</DELETED>
                <DELETED>    ``(D) the third undesignated paragraph 
                under the heading `Miscellaneous' of the Act of March 
                3, 1877 (19 Stat. 370; 40 U.S.C. 34),</DELETED>
                <DELETED>    ``(E) section 3648 of the Revised Statutes 
                (31 U.S.C. 3324),</DELETED>
                <DELETED>    ``(F) section 3741 of the Revised Statutes 
                (41 U.S.C. 22), and</DELETED>
                <DELETED>    ``(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));</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 293 the 
following:</DELETED>

<DELETED>``Sec. 294.  Undercover investigation authority.''.

      <DELETED>Subtitle B--Deterrence of Document Fraud</DELETED>

                                <DELETED>Title II, Subtitle B</DELETED>

<DELETED>SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
              GOVERNMENT-ISSUED DOCUMENTS.</DELETED>

<DELETED>    (a) Fraud and Misuse of Government-Issued Identification 
Documents.--Section 1028(b)(1) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (2) in paragraph (2), by inserting ``except as 
        provided in paragraphs (3) and (4),'' after ``(2)'' and by 
        striking ``and'' at the end;</DELETED>
        <DELETED>    (3) by redesignating paragraph (3) as paragraph 
        (5); and</DELETED>
        <DELETED>    (4) by inserting after paragraph (2) the following 
        new paragraphs:</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) not less than offense level 15 if the offense 
        involved 100 or more documents;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) not less than offense level 25 if the offense 
        involved--</DELETED>
                <DELETED>    (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));</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>

<DELETED>SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.</DELETED>

<DELETED>    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 
1324c(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (3);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (4) and inserting ``, or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) The amendment made by subsection (b) shall apply to 
violations occurring on or after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT 
              DOCUMENTS.</DELETED>

<DELETED>    (a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as 
amended by section 212(a), is further amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (4);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (5) and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE 
              AS PREPARER OF FALSE APPLICATION FOR ASYLUM AND FOR 
              PREPARING CERTAIN POST-CONVICTION APPLICATIONS.</DELETED>

<DELETED>    Section 274C (8 U.S.C. 1324c) is amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(e) Criminal Penalties for Failure To Disclose Role as 
Document Preparer.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

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

<DELETED>    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''.</DELETED>

<DELETED>SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO 
              CITIZENSHIP.</DELETED>

<DELETED>    Section 1015 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking the dash at the end of paragraph 
        (d) and inserting ``; or'', and</DELETED>
        <DELETED>    (2) by inserting after paragraph (d) the 
        following:</DELETED>
<DELETED>    ``(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--''.</DELETED>

      <DELETED>Subtitle C--Asset Forfeiture for Passport and Visa 
                           Offenses</DELETED>

                                <DELETED>Title II, Subtitle C</DELETED>

<DELETED>SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED 
              OFFENSES.</DELETED>

<DELETED>    Section 982 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by inserting after 
        paragraph (5) the following new paragraph:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (b)(1)(B), by inserting ``or 
        (a)(6)'' after ``(a)(2)''.</DELETED>

<DELETED>SEC. 222. SUBPOENAS FOR BANK RECORDS.</DELETED>

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

<DELETED>SEC. 223. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, 
      AND REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS</DELETED>

      <DELETED>Subtitle A--Revision of Procedures for Removal of 
                            Aliens</DELETED>

                               <DELETED>Title III, Subtitle A</DELETED>

<DELETED>SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Reorganization.--The provisions of the Act are 
        reorganized to provide a more logical progression from arrival 
        and inspection through proceedings and removal.</DELETED>

<DELETED>SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES 
              WITHOUT AUTHORIZATION AS NOT ADMITTED.</DELETED>

<DELETED>    (a) ``Admission'' Defined.--Paragraph (13) of section 
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(i) has abandoned or relinquished that 
        status,</DELETED>
        <DELETED>    ``(ii) has engaged in illegal activity after 
        having departed the United States,</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(iv) has been convicted of an aggravated felony, 
        unless since such conviction the alien has been granted relief 
        under section 240A(a).''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(A) Aliens previously removed.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Aliens present unlawfully for more 
                than 1 year.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Exceptions.--</DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the alien is not 
                                inadmissible under clause (i) at the 
                                time of the application, and</DELETED>
                                <DELETED>    ``(II) the failure to 
                                extend such period would constitute an 
                                extreme hardship for the 
                                alien.''.</DELETED>
<DELETED>    (d) Adjustment in Grounds for Deportation.--Section 241 (8 
U.S.C. 1251) is amended--</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (2) in subsection (a)(1), by striking 
        ``Excludable'' each place it appears and inserting 
        ``Inadmissible'';</DELETED>
        <DELETED>    (3) in subsection (a)(1)(A), by striking 
        ``excludable'' and inserting ``inadmissible''; and</DELETED>
        <DELETED>    (4) by amending subparagraph (B) of subsection 
        (a)(1) to read as follows:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

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

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

  <DELETED>``inspection by immigration officers; expedited removal of 
      inadmissible arriving aliens; referral for hearing</DELETED>

<DELETED>    ``Sec. 235. (a) Inspection.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Inspection of Applicants for Admission.--</DELETED>
        <DELETED>    ``(1) Inspection of aliens arriving in the united 
        states.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Asylum interviews.--</DELETED>
                        <DELETED>    ``(i) Conduct by asylum 
                        officers.--An asylum officer shall promptly 
                        conduct interviews of aliens referred under 
                        subparagraph (A)(ii).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Removal without further 
                        review if no credible fear of persecution.--
                        </DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(E) Asylum officer defined.--As used in 
                this paragraph, the term `asylum officer' means an 
                immigration officer who--</DELETED>
                        <DELETED>    ``(i) has had professional 
                        training in country conditions, asylum law, and 
                        interview techniques, and</DELETED>
                        <DELETED>    ``(ii) is supervised by an officer 
                        who meets the condition described in clause 
                        (i).</DELETED>
        <DELETED>    ``(2) Inspection of other aliens.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Exception.--Subparagraph (A) shall 
                not apply to an alien--</DELETED>
                        <DELETED>    ``(i) who is a crewman,</DELETED>
                        <DELETED>    ``(ii) to whom paragraph (1) 
                        applies, or</DELETED>
                        <DELETED>    ``(iii) who is a 
                        stowaway.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Removal of Aliens Inadmissible on Security and 
Related Grounds.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) order the alien removed, subject to 
                review under paragraph (2);</DELETED>
                <DELETED>    ``(B) report the order of removal to the 
                Attorney General; and</DELETED>
                <DELETED>    ``(C) not conduct any further inquiry or 
                hearing until ordered by the Attorney 
                General.</DELETED>
        <DELETED>    ``(2) Review of order.--(A) The Attorney General 
        shall review orders issued under paragraph (1).</DELETED>
        <DELETED>    ``(B) If the Attorney General--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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,</DELETED>
        <DELETED>the Attorney General may order the alien removed 
        without further inquiry or hearing by an immigration 
        judge.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Authority Relating to Inspections.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to detain the alien on the vessel or 
                at the airport of arrival, and</DELETED>
                <DELETED>    ``(B) to deliver the alien to an 
                immigration officer for inspection or to a medical 
                officer for examination.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

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

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

  <DELETED>``apprehension and detention of aliens not lawfully in the 
                        united states</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(1) may continue to detain the arrested alien; 
        and</DELETED>
        <DELETED>    ``(2) may release the alien on--</DELETED>
                <DELETED>    ``(A) bond of at least $1,500 with 
                security approved by, and containing conditions 
                prescribed by, the Attorney General; or</DELETED>
                <DELETED>    ``(B) conditional parole; but</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Aliens Convicted of Aggravated Felonies.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Release.--The Attorney General may release 
        the alien only if--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>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.</DELETED>
<DELETED>    ``(d) Identification of Aliens Convicted of Aggravated 
Felonies.--(1) The Attorney General shall devise and implement a 
system--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The record under paragraph (1)(C) shall be made 
available--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) to officials of the Department of State for 
        use in its automated visa lookout system.''.</DELETED>
<DELETED>    (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.</DELETED>

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

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

         <DELETED>``initiation of removal proceedings</DELETED>

<DELETED>    ``Sec. 239. (a) Notice to Appear.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) The nature of the proceedings 
                against the alien.</DELETED>
                <DELETED>    ``(B) The legal authority under which the 
                proceedings are conducted.</DELETED>
                <DELETED>    ``(C) The acts or conduct alleged to be in 
                violation of law.</DELETED>
                <DELETED>    ``(D) The charges against the alien and 
                the statutory provisions alleged to have been 
                violated.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(iii) The consequences under section 
                240(b)(5) of failure to provide address and telephone 
                information pursuant to this subparagraph.</DELETED>
                <DELETED>    ``(G)(i) The time and place at which the 
                proceedings will be held.</DELETED>
                <DELETED>    ``(ii) The consequences under section 
                240(b)(5) of the failure, except under exceptional 
                circumstances, to appear at such proceedings.</DELETED>
        <DELETED>    ``(2) Notice of change in time or place of 
        proceedings.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the new time or place of the 
                        proceedings, and</DELETED>
                        <DELETED>    ``(ii) the consequences under 
                        section 240(b)(5) of failing, except under 
                        exceptional circumstances, to attend such 
                        proceedings.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Securing of Counsel.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

                <DELETED>``removal proceedings</DELETED>

<DELETED>    ``Sec. 240. (a) Proceeding.--</DELETED>
        <DELETED>    ``(1) In general.--An immigration judge shall 
        conduct proceedings for deciding the inadmissibility or 
        deportability of an alien.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Conduct of Proceeding.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Form of proceeding.--</DELETED>
                <DELETED>    ``(A) In general.--The proceeding may take 
                place--</DELETED>
                        <DELETED>    ``(i) in person,</DELETED>
                        <DELETED>    ``(ii) through video conference, 
                        or</DELETED>
                        <DELETED>    ``(iii) subject to subparagraph 
                        (B), through telephone conference.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Aliens rights in proceeding.--In proceedings 
        under this section, under regulations of the Attorney General--
        </DELETED>
                <DELETED>    ``(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,</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) a complete record shall be kept of 
                all testimony and evidence produced at the 
                proceeding.</DELETED>
        <DELETED>    ``(5) Consequences of failure to appear.--
        </DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Rescission of order.--Such an order 
                may be rescinded only--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Treatment of frivolous behavior.--The 
        Attorney General shall, by regulation--</DELETED>
                <DELETED>    ``(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,</DELETED>
                <DELETED>    ``(B) specify the circumstances under 
                which an administrative appeal of a decision or ruling 
                will be considered frivolous and will be summarily 
                dismissed, and</DELETED>
                <DELETED>    ``(C) impose appropriate sanctions (which 
                may include suspension and disbarment) in the case of 
                frivolous behavior.</DELETED>
        <DELETED>Nothing in this paragraph shall be construed as 
        limiting the authority of the Attorney General to take actions 
        with respect to inappropriate behavior.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Decision and Burden of Proof.--</DELETED>
        <DELETED>    ``(1) Decision.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Burden on alien.--In the proceeding the 
        alien has the burden of establishing--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) by clear and convincing evidence, 
                that the alien is lawfully present in the United States 
                pursuant to a prior admission.</DELETED>
        <DELETED>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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Motions to reconsider.--</DELETED>
                <DELETED>    ``(A) In general.--The alien may file one 
                motion to reconsider a decision that the alien is 
                removable from the United States.</DELETED>
                <DELETED>    ``(B) Deadline.--The motion must be filed 
                within 30 days of the date of entry of a final 
                administrative order of removal.</DELETED>
                <DELETED>    ``(C) Contents.--The motion shall specify 
                the errors of law or fact in the previous order and 
                shall be supported by pertinent authority.</DELETED>
        <DELETED>    ``(6) Motions to reopen.--</DELETED>
                <DELETED>    ``(A) In general.--An alien may file one 
                motion to reopen proceedings under this 
                section.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Deadline.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Definitions.--In this section and section 
240A:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Removable.--The term `removable' means--
        </DELETED>
                <DELETED>    ``(A) in the case of an alien not admitted 
                to the United States, that the alien is inadmissible 
                under section 212, or</DELETED>
                <DELETED>    ``(B) in the case of an alien admitted to 
                the United States, that the alien is deportable under 
                section 237.</DELETED>

   <DELETED>``cancellation of removal; adjustment of status</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(1) has been an alien lawfully admitted for 
        permanent residence for not less than 5 years,</DELETED>
        <DELETED>    ``(2) has resided in the United States 
        continuously for 7 years after having been admitted in any 
        status, and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Cancellation of Removal and Adjustment of Status for 
Certain Nonpermanent Residents.--</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General may cancel 
        removal in the case of an alien is deportable from the United 
        States if the alien--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) has been a person of good moral 
                character during such period;</DELETED>
                <DELETED>    ``(C) has not been convicted of an 
                aggravated felony; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) has been a person of good moral 
                character during such period;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Aliens Ineligible for Relief.--The provisions of 
subsections (a) and (b)(1) shall not apply to any of the following 
aliens:</DELETED>
        <DELETED>    ``(1) An alien who entered the United States as a 
        crewman subsequent to June 30, 1964.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) An alien who--</DELETED>
                <DELETED>    ``(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,</DELETED>
                <DELETED>    ``(ii) is subject to the two-year foreign 
                residence requirement of section 212(e), and</DELETED>
                <DELETED>    ``(iii) has not fulfilled that requirement 
                or received a waiver thereof.</DELETED>
        <DELETED>    ``(5) An alien who is inadmissible under section 
        212(a)(3) or deportable under subparagraph (B) or (D) of 
        section 237(a)(4).</DELETED>
<DELETED>    ``(d) Special Rules Relating to Continuous Residence or 
Physical Presence.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) at the time of the alien's 
                enlistment or induction was in the United 
                States.</DELETED>

                <DELETED>``voluntary departure</DELETED>

<DELETED>    ``Sec. 240B. (a) Certain Conditions.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Period.--Permission to depart voluntarily 
        under this subsection shall not be valid for a period exceeding 
        120 days.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) At Conclusion of Proceedings.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) the alien is not deportable under 
                section 237(a)(2)(A)(iii) or section 237(a)(4); 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Period.--Permission to depart voluntarily 
        under this subsection shall not be valid for a period exceeding 
        60 days.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Additional Conditions.--The Attorney General may by 
regulation limit eligibility for voluntary departure under this section 
for any class or classes of aliens.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 
1182(c)) is repealed.</DELETED>

<DELETED>SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW 
              SECTION 241).</DELETED>

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

  <DELETED>``detention and removal of aliens ordered removed</DELETED>

<DELETED>    ``Sec. 241. (a) Detention, Release, and Removal of Aliens 
Ordered Removed.--</DELETED>
        <DELETED>    ``(1) Removal period.--</DELETED>
                <DELETED>    ``(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').</DELETED>
                <DELETED>    ``(B) Beginning of period.--The removal 
                period begins on the latest of the following:</DELETED>
                        <DELETED>    ``(i) The date the order of 
                        removal becomes administratively 
                        final.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) If the alien is detained 
                        or confined (except under an immigration 
                        process), the date the alien is released from 
                        detention or confinement.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to appear before an immigration 
                officer periodically for identification;</DELETED>
                <DELETED>    ``(B) to submit, if necessary, to a 
                medical and psychiatric examination at the expense of 
                the United States Government;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) to obey reasonable written 
                restrictions on the alien's conduct or activities that 
                the Attorney General prescribes for the 
                alien.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the removal of the alien is 
                otherwise impracticable or contrary to the public 
                interest.</DELETED>
<DELETED>    ``(b) Countries to Which Aliens May Be Removed.--
</DELETED>
        <DELETED>    ``(1) Aliens arriving at the united states.--
        Subject to paragraph (3)--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) The country of which the 
                        alien is a citizen, subject, or 
                        national.</DELETED>
                        <DELETED>    ``(ii) The country in which the 
                        alien was born.</DELETED>
                        <DELETED>    ``(iii) The country in which the 
                        alien has a residence.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Other aliens.--Subject to paragraph (3)--
        </DELETED>
                <DELETED>    ``(A) Selection of country by alien.--
                Except as otherwise provided in this paragraph--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the Attorney General shall 
                        remove the alien to the country the alien so 
                        designates.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Disregarding designation.--The 
                Attorney General may disregard a designation under 
                subparagraph (A)(i) if--</DELETED>
                        <DELETED>    ``(i) the alien fails to designate 
                        a country promptly;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) the government of the 
                        country is not willing to accept the alien into 
                        the country; or</DELETED>
                        <DELETED>    ``(iv) the Attorney General 
                        decides that removing the alien to the country 
                        is prejudicial to the United States.</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) is not willing to accept 
                        the alien into the country.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) The country from which the 
                        alien was admitted to the United 
                        States.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) A country in which the 
                        alien resided before the alien entered the 
                        country from which the alien entered the United 
                        States.</DELETED>
                        <DELETED>    ``(iv) The country in which the 
                        alien was born.</DELETED>
                        <DELETED>    ``(v) The country that had 
                        sovereignty over the alien's birthplace when 
                        the alien was born.</DELETED>
                        <DELETED>    ``(vi) The country in which the 
                        alien's birthplace is located when the alien is 
                        ordered removed.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Removal of Aliens Arriving at Port of Entry.--
</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) it is impracticable to remove the 
                alien on one of those vessels or aircraft within a 
                reasonable time, or</DELETED>
                <DELETED>    ``(B) the alien is a stowaway--</DELETED>
                        <DELETED>    ``(i) who has been ordered removed 
                        in accordance with section 235(a)(1),</DELETED>
                        <DELETED>    ``(ii) who has requested asylum, 
                        and</DELETED>
                        <DELETED>    ``(iii) whose application has not 
                        been adjudicated or whose asylum application 
                        has been denied but who has not exhausted all 
                        appeal rights.</DELETED>
        <DELETED>    ``(2) Stay of removal.--</DELETED>
                <DELETED>    ``(A) In general.--The Attorney General 
                may stay the removal of an alien under this subsection 
                if the Attorney General decides that--</DELETED>
                        <DELETED>    ``(i) immediate removal is not 
                        practicable or proper; or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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'--
                </DELETED>
                        <DELETED>    ``(i) the cost of maintenance of 
                        the alien; and</DELETED>
                        <DELETED>    ``(ii) a witness fee of $1 a 
                        day.</DELETED>
                <DELETED>    ``(C) Release during stay.--The Attorney 
                General may release an alien whose removal is stayed 
                under subparagraph (A)(ii) on--</DELETED>
                        <DELETED>    ``(i) the alien's filing a bond of 
                        at least $500 with security approved by the 
                        Attorney General;</DELETED>
                        <DELETED>    ``(ii) condition that the alien 
                        appear when required as a witness and for 
                        removal; and</DELETED>
                        <DELETED>    ``(iii) other conditions the 
                        Attorney General may prescribe.</DELETED>
        <DELETED>    ``(3) Costs of detention and maintenance pending 
        removal.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) while the alien is detained 
                        under subsection (d)(1), and</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Nonapplication.--Subparagraph (A) 
                shall not apply if--</DELETED>
                        <DELETED>    ``(i) the alien is a 
                        crewmember;</DELETED>
                        <DELETED>    ``(ii) the alien has an immigrant 
                        visa;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(vi) the individual claims to be 
                        a national of the United States and has a 
                        United States passport.</DELETED>
<DELETED>     ``(d) Requirements of Persons Providing Transportation.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) take the alien to the foreign 
                country to which the alien is ordered 
                removed.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) shall detain the alien on board the 
                vessel or aircraft;</DELETED>
                <DELETED>    ``(B) may not permit the stowaway to land 
                in the United States, except pursuant to regulations of 
                the Attorney General temporarily--</DELETED>
                        <DELETED>    ``(i) for medical 
                        treatment,</DELETED>
                        <DELETED>    ``(ii) for detention of the 
                        stowaway by the Attorney General, or</DELETED>
                        <DELETED>    ``(iii) for departure or removal 
                        of the stowaway; and</DELETED>
                <DELETED>    ``(C) if ordered by an immigration 
                officer, shall remove the stowaway on the vessel or 
                aircraft or on another vessel or aircraft.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Payment of Expenses of Removal.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Costs of removal from port of removal for 
        aliens admitted or permitted to land.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Through owner.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Aliens described.--An alien 
                        described in this clause is an alien who--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) is an alien crewman 
                                permitted to land temporarily under 
                                section 252 and is ordered removed 
                                within 5 years of the date of 
                                landing.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Aliens Requiring Personal Care During Removal.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Modification of Authority.--</DELETED>
        <DELETED>    (1) Section 241(h), as redesignated by section 
        306(a)(1) of this Act, is amended--</DELETED>
                <DELETED>    (A) in paragraph (3)(A), by inserting ``or 
                two or more misdemeanors'' after ``a felony'', 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) The amendments made by paragraph (1) shall 
        apply beginning with fiscal year 1996.</DELETED>

<DELETED>SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 
              242).</DELETED>

<DELETED>    (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by amending the remainder of section 242 to 
        read as follows:</DELETED>

       <DELETED>``judicial review of orders of removal</DELETED>

<DELETED>    ``Sec. 242. (a) Applicable Provisions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Limitations on review relating to section 
        235(b)(1).--Notwithstanding any other provision of law, no 
        court shall have jurisdiction to review--</DELETED>
                <DELETED>    ``(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),</DELETED>
                <DELETED>    ``(B) a decision by the Attorney General 
                to invoke the provisions of such section,</DELETED>
                <DELETED>    ``(C) the application of such section to 
                individual aliens, including the determination made 
                under section 235(b)(1)(B), or</DELETED>
                <DELETED>    ``(D) procedures and policies adopted by 
                the Attorney General to implement the provisions of 
                section 235(b)(1).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Requirements for Orders of Removal.--With respect to 
review of an order of removal under subsection (a)(1), the following 
requirements apply:</DELETED>
        <DELETED>    ``(1) Deadline.--The petition for review must be 
        filed not later than 30 days after the date of the final order 
        of removal.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Service.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Stay of order.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Decision.--Except as provided in paragraph 
        (5)(B)--</DELETED>
                <DELETED>    ``(A) the court of appeals shall decide 
                the petition only on the administrative record on which 
                the order of removal is based,</DELETED>
                <DELETED>    ``(B) the administrative findings of fact 
                are conclusive if supported by reasonable, substantial, 
                and probative evidence on the record considered as a 
                whole, and</DELETED>
                <DELETED>    ``(C) a decision that an alien is not 
                eligible for admission to the United States is 
                conclusive unless manifestly contrary to law.</DELETED>
        <DELETED>    ``(5) Treatment of nationality claims.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Limitation on determination.--The 
                petitioner may have such nationality claim decided only 
                as provided in this paragraph.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Challenge to validity of orders in certain 
        criminal proceedings.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>The defendant may have such nationality claim 
                decided only as provided in this 
                subparagraph.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Construction.--This subsection--</DELETED>
                <DELETED>    ``(A) does not prevent the Attorney 
                General, after a final order of removal has been 
                issued, from detaining the alien under section 
                241(a);</DELETED>
                <DELETED>    ``(B) does not relieve the alien from 
                complying with section 241(a)(4) and section 243(g); 
                and</DELETED>
                <DELETED>    ``(C) except as provided in paragraph (3), 
                does not require the Attorney General to defer removal 
                of the alien.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Review of Final Orders.--A court may review a final 
order of removal only if--</DELETED>
        <DELETED>    ``(1) the alien has exhausted all administrative 
        remedies available to the alien as of right, and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Limited Review for Non-Permanent Residents Convicted 
of Aggravated Felonies.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the alien is the alien described in 
                the order,</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) proceedings against the alien 
                complied with section 238(b)(4).</DELETED>
        <DELETED>    ``(2) Limited jurisdiction.--A court reviewing the 
        petition has jurisdiction only to review the issues described 
        in paragraph (1).</DELETED>
<DELETED>    ``(f) Judicial Review of Orders Under Section 235(b)(1).--
</DELETED>
        <DELETED>    ``(1) Application.--The provisions of this 
        subsection apply with respect to judicial review of orders of 
        removal effected under section 235(b)(1).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) whether the petitioner is an 
                alien,</DELETED>
                <DELETED>    ``(B) whether the petitioner was ordered 
                removed under such section, and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Decision.--In any case where the court 
        determines that the petitioner--</DELETED>
                <DELETED>    ``(A) is an alien who was not ordered 
                removed under section 235(b)(1), or</DELETED>
                <DELETED>    ``(B) has demonstrated by a preponderance 
                of the evidence that the alien is a lawful permanent 
                resident,</DELETED>
        <DELETED>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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) 
is repealed.</DELETED>

<DELETED>SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 
              243).</DELETED>

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

           <DELETED>``penalties related to removal</DELETED>

<DELETED>    ``Sec. 243. ``(a) Penalty for Failure to Depart.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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,</DELETED>
                <DELETED>    ``(B) willfully fails or refuses to make 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure,</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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,</DELETED>
        <DELETED>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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the age, health, and period of 
                detention of the alien;</DELETED>
                <DELETED>    ``(B) the effect of the alien's release 
                upon the national security and public peace or 
                safety;</DELETED>
                <DELETED>    ``(C) the likelihood of the alien's 
                resuming or following a course of conduct which made or 
                would make the alien deportable;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(F) the eligibility of the alien for 
                discretionary relief under the immigration 
                laws.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Penalties Relating to Vessels and Aircraft.--
</DELETED>
        <DELETED>    ``(1) Civil penalties.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) No compromise.--The Attorney General 
                may not compromise the amount of such penalty under 
                this paragraph.</DELETED>
        <DELETED>    ``(2) Clearing vessels and aircraft.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER 
              PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Conforming Amendment to Table of Contents; Overview of 
Reorganized Chapters.--The table of contents, as amended by section 
815(d)(1), is amended--</DELETED>
        <DELETED>    (1) by striking the item relating to section 106, 
        and</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``Chapter 4--Inspection, Apprehension, Examination, Exclusion, 
                              and Removal

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

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

<DELETED>``Chapter 4--Inspection, Apprehension, Examination, Exclusion, 
                        and Removal''.</DELETED>

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

        <DELETED>``detention of aliens for physical and mental 
                        examination''.</DELETED>

        <DELETED>    (3) Redesignating section 234 as section 232(b).--
        Amend section 234 (8 U.S.C. 1224)--</DELETED>
                <DELETED>    (A) by striking the heading,</DELETED>
                <DELETED>    (B) by striking ``Sec. 234.'' and 
                inserting the following: ``(b) Physical and Mental 
                Examination.--'', and</DELETED>
                <DELETED>    (C) by moving such provision to the end of 
                section 232.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (7) Striking section 242b.--Strike section 242B (8 
        U.S.C. 1252b).</DELETED>
        <DELETED>    (8) Redesignating section 244A as section 244.--
        Strike section 244 and redesignate section 244A as section 
        244.</DELETED>
        <DELETED>    (9) Amending chapter heading.--Amend the heading 
        for chapter 5 of title II to read as follows:</DELETED>

   <DELETED>``Chapter 5--Adjustment and Change of Status''.</DELETED>

<DELETED>    (c) Additional Conforming Amendments.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (a)(1), by striking 
                ``section 242'' and inserting ``section 
                240'';</DELETED>
                <DELETED>    (B) in subsection (a)(2), by striking 
                ``section 242(a)(2)'' and inserting ``section 236(b)''; 
                and</DELETED>
                <DELETED>    (C) in subsection (b)(1), by striking 
                ``section 241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.</DELETED>
        <DELETED>    (2) Treatment of certain helpless aliens.--
        </DELETED>
                <DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
                <DELETED>    (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:</DELETED>
                <DELETED>    ``(B) Guardian required to accompany 
                helpless alien.--Any alien--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) whose protection or 
                        guardianship is determined to be required by 
                        the alien described in clause (i),</DELETED>
                <DELETED>is inadmissible.''.</DELETED>
        <DELETED>    (3) Contingent consideration in relation to 
        removal of aliens.--Section 273(a) (8 U.S.C. 1323(a)) is 
        amended--</DELETED>
                <DELETED>    (A) by inserting ``(1)'' after ``(a)'', 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                paragraph:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (d) Additional Conforming Amendments Relating to Exclusion 
and Inadmissibility.--</DELETED>
        <DELETED>    (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) 
        is amended--</DELETED>
                <DELETED>    (A) in the heading, by striking ``excluded 
                from'' and inserting ``ineligible for'';</DELETED>
                <DELETED>    (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:'';</DELETED>
                <DELETED>    (C) in subsection (a), by striking ``is 
                excludable'' and inserting ``is inadmissible'' each 
                place it appears;</DELETED>
                <DELETED>    (D) in subsections (a)(5)(C), (d)(1), (k), 
                by striking ``exclusion'' and inserting 
                ``inadmissibility'';</DELETED>
                <DELETED>    (E) in subsections (b), (d)(3), 
                (h)(1)(A)(i), and (k), by striking ``excludable'' each 
                place it appears and inserting 
                ``inadmissible'';</DELETED>
                <DELETED>    (F) in subsection (b)(2), by striking 
                ``and ineligible for entry'';</DELETED>
                <DELETED>    (G) in subsection (d)(7), by striking 
                ``excluded from'' and inserting ``denied''; 
                and</DELETED>
                <DELETED>    (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of 
                admission''.</DELETED>
        <DELETED>    (2) Section 241.--Section 241 (8 U.S.C. 1251), 
        before redesignation as section 237 by section 305(2), is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting 
                ``inadmissible'';</DELETED>
                <DELETED>    (B) in subsection (a)(4)(C)(ii), by 
                striking ``excludability'' and inserting 
                ``inadmissibility''; and</DELETED>
                <DELETED>    (C) in subsections (c) and (h), by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.</DELETED>
        <DELETED>    (3) Other general references.--The following 
        provisions are amended by striking ``excludability'' and 
        ``excludable'' each place each appears and inserting 
        ``inadmissibility'' and ``inadmissible'', 
        respectively:</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (B) Sections 304(c)(1)(A)(i), 
                304(c)(1)(A)(ii), and 601(c) of the Immigration Act of 
                1990.</DELETED>
                <DELETED>    (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).</DELETED>
                <DELETED>    (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).</DELETED>
                <DELETED>    (E) Section 221 of the Immigration and 
                Nationality Technical Corrections Act of 1994 (Public 
                Law 103-416).</DELETED>
        <DELETED>    (4) Related terms.--</DELETED>
                <DELETED>    (A) Section 101(a)(17) (8 U.S.C. 
                1101(a)(17)) is amended by striking ``or expulsion'' 
                and inserting ``expulsion, or removal''.</DELETED>
                <DELETED>    (B) Section 102 (8 U.S.C. 1102) is amended 
                by striking ``exclusion or deportation'' and inserting 
                ``removal''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (E) Section 216(f) (8 U.S.C. 1186a) is 
                amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (G) Section 221(f) (8 U.S.C. 1201) is 
                amended by striking ``exclude'' and inserting ``deny 
                admission to''.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (I)(i) Section 272 (8 U.S.C. 1322) is 
                amended--</DELETED>
                        <DELETED>    (I) by striking ``exclusion'' in 
                        the heading and inserting ``denial of 
                        admission'',</DELETED>
                        <DELETED>    (II) in subsection (a), by 
                        striking ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', 
                        and</DELETED>
                        <DELETED>    (III) in subsection (c), by 
                        striking ``excluding''.</DELETED>
                <DELETED>    (ii) The item in the table of contents 
                relating to such section is amended by striking 
                ``exclusion'' and inserting ``denial of 
                admission''.</DELETED>
                <DELETED>    (J) Section 276(a) (8 U.S.C. 1326) is 
                amended--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``deported or excluded and deported'' and 
                        inserting ``denied admission or removed'', 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (2)(B), by 
                        striking ``excluded and deported'' and 
                        inserting ``denied admission and 
                        removed''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (L) Section 287 (8 U.S.C. 1357) is 
                amended--</DELETED>
                        <DELETED>    (i) in subsection (a), by striking 
                        ``or expulsion'' each place it appears and 
                        inserting ``expulsion, or removal'', 
                        and</DELETED>
                        <DELETED>    (ii) in subsection (c), by 
                        striking ``exclusion from'' and inserting 
                        ``denial of admission to''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (N) Section 291 (8 U.S.C. 1361) is amended 
                by striking ``subject to exclusion'' and inserting 
                ``inadmissible'' each place it appears.</DELETED>
                <DELETED>    (O) Section 292 (8 U.S.C. 1362) is amended 
                by striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.</DELETED>
                <DELETED>    (P) Section 360 (8 U.S.C. 1503) is 
                amended--</DELETED>
                        <DELETED>    (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and</DELETED>
                        <DELETED>    (ii) in subsection (c), by 
                        striking ``excluded from'' and inserting 
                        ``denied''.</DELETED>
                <DELETED>    (Q) Section 301(a)(1) of the Immigration 
                Act of 1990 is amended by striking ``exclusion'' and 
                inserting ``inadmissibility''.</DELETED>
                <DELETED>    (R) Section 401(c) of the Refugee Act of 
                1980 is amended by striking ``deportation or 
                exclusion'' and inserting ``removal''.</DELETED>
                <DELETED>    (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''.</DELETED>
<DELETED>    (e) Revision of Terminology Relating to Deportation.--
</DELETED>
        <DELETED>    (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':</DELETED>
                <DELETED>    (A) Subparagraphs (A)(iii)(II), 
                (A)(iv)(II), and (B)(iii)(II) of section 204(a)(1) (8 
                U.S.C. 1154(a)(1)).</DELETED>
                <DELETED>    (B) Section 212(d)(1) (8 U.S.C. 
                1182(d)(1)).</DELETED>
                <DELETED>    (C) Section 212(d)(11) (8 U.S.C. 
                1182(d)(11)).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (E) Section 241(a)(1)(H) (8 U.S.C. 
                1251(a)(1)(H)), before redesignation as section 237 by 
                section 305(2) .</DELETED>
                <DELETED>    (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection 
                (b)(6).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (H) Section 246(a) (8 U.S.C. 
                1256(a)).</DELETED>
                <DELETED>    (I) Section 254 (8 U.S.C. 1284).</DELETED>
                <DELETED>    (J) Section 263(a)(4) (8 U.S.C. 
                1303(a)(4)).</DELETED>
                <DELETED>    (K) Section 276(b) (8 U.S.C. 
                1326(b)).</DELETED>
                <DELETED>    (L) Section 280(b)(2) (8 U.S.C. 
                1330(b)(2)).</DELETED>
                <DELETED>    (M) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).</DELETED>
                <DELETED>    (N) Section 291 (8 U.S.C. 1361).</DELETED>
                <DELETED>    (O) Section 318 (8 U.S.C. 1429).</DELETED>
                <DELETED>    (P) Section 130005(a) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (Public Law 
                103-322).</DELETED>
        <DELETED>    (2) Each of the following is amended by striking 
        ``deported'' and inserting ``removed'':</DELETED>
                <DELETED>    (A) Section 212(d)(7) (8 U.S.C. 
                1182(d)(7)).</DELETED>
                <DELETED>    (B) Section 214(d) (8 U.S.C. 
                1184(d)).</DELETED>
                <DELETED>    (C) Section 241(a) (8 U.S.C. 1251(a)), 
                before redesignation as section 237 by section 
                305(2).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (E) Section 252(b) (8 U.S.C. 
                1282(b)).</DELETED>
                <DELETED>    (F) Section 254 (8 U.S.C. 1284).</DELETED>
                <DELETED>    (G) Subsections (b) and (c) of section 266 
                (8 U.S.C. 1306).</DELETED>
                <DELETED>    (H) Section 301(a)(1) of the Immigration 
                Act of 1990.</DELETED>
        <DELETED>    (3) Section 101(g) (8 U.S.C. 1101(g)) is amended 
        by inserting ``or removed'' after ``deported'' each place it 
        appears.</DELETED>
        <DELETED>    (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
        amended by striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) 
        is amended by striking ``deportation against'' and inserting 
        ``removal of''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is 
        amended by striking ``deportation against'' and inserting 
        ``removal of''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (a)(1)(A), by striking 
                ``deport'' and inserting ``remove'', and</DELETED>
                <DELETED>    (B) in subsection (e), by striking 
                ``Suspension of Deportation'' and inserting 
                ``Cancellation of Removal''.</DELETED>
        <DELETED>    (12) Section 254 (8 U.S.C. 1284) is amended by 
        striking ``deport'' each place it appears and inserting 
        ``remove''.</DELETED>
        <DELETED>    (13) Section 273(d) (8 U.S.C. 1323(d)) is 
        repealed.</DELETED>
        <DELETED>    (14)(A) Section 276 (8 U.S.C. 1326) is amended by 
        striking ``deported'' and inserting ``removed''.</DELETED>
        <DELETED>    (B) The item in the table of contents relating to 
        such section is amended by striking ``deported'' and inserting 
        ``removed''.</DELETED>
        <DELETED>    (15) Section 318 (8 U.S.C. 1429) is amended by 
        striking ``suspending'' and inserting ``canceling''.</DELETED>
        <DELETED>    (16) Section 301(a) of the Immigration Act of 1990 
        is amended by striking ``Deportation'' and inserting 
        ``Removal''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (f) Revision of References to Entry.--</DELETED>
        <DELETED>    (1) The following provisions are amended by 
        striking ``entry'' and inserting ``admission'' each place it 
        appears:</DELETED>
                <DELETED>    (A) Section 101(a)(15)(K) (8 U.S.C. 
                1101(a)(15)(K)).</DELETED>
                <DELETED>    (B) Section 101(a)(30) (8 U.S.C. 
                1101(a)(30)).</DELETED>
                <DELETED>    (C) Section 212(a)(2)(D) (8 U.S.C. 
                1182(a)(2)(D)).</DELETED>
                <DELETED>    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).</DELETED>
                <DELETED>    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).</DELETED>
                <DELETED>    (F) Section 212(i)(2) (8 U.S.C. 
                1182(i)(2)).</DELETED>
                <DELETED>    (G) Section 212(j)(1)(D) (8 U.S.C. 
                1182(j)(1)(D)).</DELETED>
                <DELETED>    (H) Section 214(c)(2)(A) (8 U.S.C. 
                1184(c)(2)(A)).</DELETED>
                <DELETED>    (I) Section 214(d) (8 U.S.C. 
                1184(d)).</DELETED>
                <DELETED>    (J) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).</DELETED>
                <DELETED>    (K) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).</DELETED>
                <DELETED>    (L) Section 240(b) (8 U.S.C. 
                1230(b)).</DELETED>
                <DELETED>    (M) Section 241(a)(1)(G) (8 U.S.C. 
                1251(a)(1)(G)).</DELETED>
                <DELETED>    (N) Section 241(a)(1)(H) (8 U.S.C. 
                1251(a)(1)(H)), other than the last time it 
                appears.</DELETED>
                <DELETED>    (O) Paragraphs (2) and (4) of section 
                241(a) (8 U.S.C. 1251(a)).</DELETED>
                <DELETED>    (P) Section 245(e)(3) (8 U.S.C. 
                1255(e)(3)).</DELETED>
                <DELETED>    (Q) Section 247(a) (8 U.S.C. 
                1257(a)).</DELETED>
                <DELETED>    (R) Section 601(c)(2) of the Immigration 
                Act of 1990.</DELETED>
        <DELETED>    (2) The following provisions are amended by 
        striking ``enter'' and inserting ``be admitted'':</DELETED>
                <DELETED>    (A) Section 204(e) (8 U.S.C. 
                1154(e)).</DELETED>
                <DELETED>    (B) Section 221(h) (8 U.S.C. 
                1201(h)).</DELETED>
                <DELETED>    (C) Section 245(e)(2) (8 U.S.C. 
                1255(e)(2)).</DELETED>
        <DELETED>    (3) The following provisions are amended by 
        striking ``enters'' and inserting ``is admitted to'':</DELETED>
                <DELETED>    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 
                1154(e)).</DELETED>
                <DELETED>    (B) Section 214(c)(5)(B) (8 U.S.C. 
                1184(c)(5)(B)).</DELETED>
        <DELETED>    (4) Section 238(a) (8 U.S.C. 1228(a)) is amended 
        by striking ``entry and inspection'' and inserting ``inspection 
        and admission''.</DELETED>
        <DELETED>    (5) Section 241(a)(1)(H)(ii) (8 U.S.C. 
        1251(a)(1)(H)(ii)) is amended by striking ``at 
        entry''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (g) Conforming References to Reorganized Sections.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) References to section 106.--</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (3) References to section 236.--</DELETED>
                <DELETED>    (A) Sections 205 and 209(a)(1) (8 U.S.C. 
                1155, 1159(a)(1)) are each amended by striking ``236'' 
                and inserting ``240''.</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (4) References to section 237.--</DELETED>
                <DELETED>    (A) Section 209(a)(1) (8 U.S.C. 
                1159(a)(1)) is amended by striking ``237'' and 
                inserting ``241''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (C) Section 212(d)(7) (8 U.S.C. 
                1182(d)(7)) is amended by striking ``237(a)'' and 
                inserting ``241(c)''.</DELETED>
                <DELETED>    (D) Section 280(a) (8 U.S.C. 1330(a)) is 
                amended by striking ``237, 239, 243'' and inserting 
                ``234, 243(c)(2)''.</DELETED>
        <DELETED>    (5) References to section 242.--</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (iv) Section 4113(b) of title 18, United 
                States Code, is amended by striking ``242'' and 
                inserting ``240''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (vi) Section 9 of the Peace Corps Act (22 
                U.S.C. 2508) is amended by striking ``242'' and 
                inserting ``240''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (C) Section 130002(a) of Public Law 103-
                322 is amended by striking ``242(a)(3)(A)'' and 
                inserting ``236(d)''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (F) Section 4113(a) of title 18, United 
                States Code, is amended by striking ``242(b)'' and 
                inserting ``240B''.</DELETED>
                <DELETED>    (G) Section 1821(e) of title 28, United 
                States Code, is amended by striking ``242(b)'' and 
                inserting ``240''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (I) Section 130007(a) of Public Law 103-
                322 is amended by striking ``242(i)'' and inserting 
                ``239(d)''.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (6) References to section 242b.--</DELETED>
                <DELETED>    (A) Section 303(d)(2) of the Immigration 
                Act of 1990 is amended by striking ``242B'' and 
                inserting ``240(b)(5)''.</DELETED>
                <DELETED>    (B) Section 545(g)(1)(B) of the 
                Immigration Act of 1990 is amended by striking 
                ``242B(a)(4)'' and inserting ``239(a)(4)''.</DELETED>
        <DELETED>    (7) References to section 243.--</DELETED>
                <DELETED>    (A)(i) Section 214(d) (8 U.S.C. 1184(d)) 
                is amended by striking ``243'' and inserting 
                ``241''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (iii) Section 9 of the Peace Corps Act (22 
                U.S.C. 2508) is amended by striking ``243'' and 
                inserting ``241''.</DELETED>
                <DELETED>    (B) Section 236(e)(2) (8 U.S.C. 
                1226(e)(2)) is amended by striking ``section 243(g)'' 
                and inserting ``section 243(d)''.</DELETED>
                <DELETED>    (C)(i) Section 315(c) of Public Law 99-603 
                is amended by striking ``243(g)'' and inserting 
                ``243(d)''.</DELETED>
                <DELETED>    (ii) Section 315(c) of the Immigration 
                Reform and Control Act of 1986 is amended by striking 
                ``243(g)'' and inserting ``243(d)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (iv) Section 903(b) of Public Law 100-204 
                is amended by striking ``243(g)'' and inserting 
                ``243(d)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (iii) Section 301(e)(2) of the Immigration 
                Act of 1990 is amended by striking ``243(h)(2)'' and 
                inserting ``241(b)(3)(B)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (8) References to section 244.--</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (C) Section 4113(a) of title 18, United 
                States Code, is amended by striking ``244(e)'' and 
                inserting ``240B(e)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (9) References to chapter 5.--</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (10) Miscellaneous cross-reference corrections for 
        newly added provisions.--</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (D) Section 249(d), as amended by section 
                333(e), is amended by striking ``241(a)(4)(B)'' and 
                inserting ``237(a)(4)(B)''.</DELETED>
                <DELETED>    (E) Section 276(b)(3), as inserted by 
                section 321(b), is amended by striking ``excluded'' and 
                ``excludable'' and inserting ``removed'' and 
                ``inadmissible'', respectively.</DELETED>
                <DELETED>    (F) Section 505(c)(7), as added by section 
                321(a)(1), is amended by amending subparagraphs (B) 
                through (D) to read as follows:</DELETED>
                <DELETED>    ``(B) Withholding of removal under section 
                241(b)(3).</DELETED>
                <DELETED>    ``(C) Cancellation of removal under 
                section 240A.</DELETED>
                <DELETED>    ``(D) Voluntary departure under section 
                240B.''.</DELETED>
                <DELETED>    (G) Section 506(b)(2)(B), as added by 
                section 321(a)(1), is amended by striking 
                ``deportation'' and inserting ``removal''.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                    (J)(i) Section 214(l)(2), as added by section 
                822(c), is amended by striking ``241(a)(1)(C)'' and 
                inserting ``237(a)(1)(C)''.
                    (ii) Section 218A(c)(8)(B), as inserted by section 
                823(a), is amended by striking ``deportation under 
                section 241(a)(1)(C)(i)'' and inserting ``removal under 
                section 237(a)(1)(C)(i)''.

<DELETED>SEC. 309. EFFECTIVE DATES; TRANSITION.</DELETED>

<DELETED>    (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'').</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Transition For Aliens in Proceedings.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the amendments made by this subtitle 
                shall not apply, and</DELETED>
                <DELETED>    (B) the proceedings (including judicial 
                review thereof) shall continue to be conducted without 
                regard to such amendments.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) a court may not order the taking of 
                additional evidence under section 2347(c) of title 28, 
                United States Code;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (d) Transitional References.--For purposes of carrying out 
the Immigration and Nationality Act, as amended by this subtitle--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>

       <DELETED>Subtitle B--Removal of Alien Terrorists</DELETED>

                               <DELETED>Title III, Subtitle B</DELETED>

   <DELETED>PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS</DELETED>

<DELETED>SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.</DELETED>

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

  <DELETED>``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

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

       <DELETED>``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN 
                          TERRORISTS</DELETED>

                    <DELETED>``definitions</DELETED>

<DELETED>    ``Sec. 501. In this title:</DELETED>
        <DELETED>    ``(1) The term `alien terrorist' means an alien 
        described in section 241(a)(4)(B).</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(4) The term `special attorney' means an 
        attorney who is on the panel established under section 
        502(e).</DELETED>
        <DELETED>    ``(5) The term `special removal court' means the 
        court established under section 502(a).</DELETED>
        <DELETED>    ``(6) The term `special removal hearing' means a 
        hearing under section 505.</DELETED>
        <DELETED>    ``(7) The term `special removal proceeding' means 
        a proceeding under this title.</DELETED>

 <DELETED>``establishment of special removal court; panel of attorneys 
            to assist with classified information</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Establishment of Panel of Special Attorneys.--The 
special removal court shall provide for the designation of a panel of 
attorneys each of whom--</DELETED>
        <DELETED>    ``(1) has a security clearance which affords the 
        attorney access to classified information, and</DELETED>
        <DELETED>    ``(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.</DELETED>

       <DELETED>``application for initiation of special removal 
                          proceeding</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(b) Contents of Application.--Each application for a 
special removal proceeding shall include all of the 
following:</DELETED>
        <DELETED>    ``(1) The identity of the Department of Justice 
        attorney making the application.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) The identity of the alien for whom 
        authorization for the special removal proceedings is 
        sought.</DELETED>
        <DELETED>    ``(4) A statement of the facts and circumstances 
        relied on by the Department of Justice to establish that--
        </DELETED>
                <DELETED>    ``(A) the alien is an alien terrorist and 
                is physically present in the United States, 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) An oath or affirmation respecting each of 
        the facts and statements described in the previous 
        paragraphs.</DELETED>
<DELETED>    ``(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.</DELETED>

           <DELETED>``consideration of application</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the alien who is the subject of the 
        application has been correctly identified and is an alien 
        terrorist, and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Exclusive Provisions.--Whenever an order is issued 
under this section with respect to an alien--</DELETED>
        <DELETED>    ``(1) the alien's rights regarding removal and 
        expulsion shall be governed solely by the provisions of this 
        title, and</DELETED>
        <DELETED>    ``(2) except as they are specifically referenced, 
        no other provisions of this Act shall be applicable.</DELETED>

             <DELETED>``special removal hearings</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Rights in Hearing.--</DELETED>
        <DELETED>    ``(1) Public hearing.--The special removal hearing 
        shall be open to the public.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Introduction of evidence.--The alien shall 
        have a right to introduce evidence on the alien's own 
        behalf.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Record.--A verbatim record of the 
        proceedings and of all testimony and evidence offered or 
        produced at such a hearing shall be kept.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Asylum under section 208.</DELETED>
                <DELETED>    ``(B) Withholding of deportation under 
                section 243(h).</DELETED>
                <DELETED>    ``(C) Suspension of deportation under 
                section 244(a).</DELETED>
                <DELETED>    ``(D) Voluntary departure under section 
                244(e).</DELETED>
                <DELETED>    ``(E) Adjustment of status under section 
                245.</DELETED>
                <DELETED>    ``(F) Registry under section 
                249.</DELETED>
<DELETED>    ``(d) Subpoenas.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Nationwide service.--A subpoena under this 
        subsection may be served anywhere in the United 
        States.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) No access to classified information.--
        Nothing in this subsection is intended to allow an alien to 
        have access to classified information.</DELETED>
<DELETED>    ``(e) Introduction of Classified Information.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Treatment of electronic surveillance 
        information.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

      <DELETED>``consideration of classified information</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(b) Preparation and Provision of Written Summary.--
</DELETED>
        <DELETED>    ``(1) Preparation.--The Department of Justice 
        shall prepare a written summary of such classified information 
        which does not pose a risk to national security.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) to inform the alien of the general 
                nature of the evidence that the alien is an alien 
                terrorist, and</DELETED>
                <DELETED>    ``(B) to permit the alien to prepare a 
                defense against deportation.</DELETED>
        <DELETED>The Department of Justice shall cause to be delivered 
        to the alien a copy of the summary.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Conditions for termination of proceedings if 
        summary not approved.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Findings.--The findings described in 
                this subparagraph are, with respect to an alien, that--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Continuation of hearing without summary.--If 
        a judge makes the findings described in paragraph (4)(B)--
        </DELETED>
                <DELETED>    ``(A) if the alien involved is an alien 
                lawfully admitted for permanent residence, the 
                procedures described in subsection (c) shall apply; 
                and</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Special Procedures for Access and Challenges to 
Classified Information by Special Attorneys in Case of Lawful Permanent 
Aliens.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) by reviewing in camera the 
                classified information on behalf of the alien, 
                and</DELETED>
                <DELETED>    ``(B) by challenging through an in camera 
                proceeding the veracity of the evidence contained in 
                the classified information.</DELETED>
        <DELETED>    ``(2) Restrictions on disclosure.--A special 
        attorney receiving classified information under paragraph (1)--
        </DELETED>
                <DELETED>    ``(A) shall not disclose the information 
                to the alien or to any other attorney representing the 
                alien, and</DELETED>
                <DELETED>    ``(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.</DELETED>

                      <DELETED>``appeals</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) any determination by the judge pursuant to 
        section 506(a)--</DELETED>
                <DELETED>    ``(A) concerning whether an item of 
                evidence may be introduced in camera and ex parte, 
                or</DELETED>
                <DELETED>    ``(B) concerning the contents of any 
                summary of evidence to be introduced in camera and ex 
                parte prepared pursuant to section 506(b); or</DELETED>
        <DELETED>    ``(2) the refusal of the court to make the 
        findings permitted by section 506(b)(4)(B).</DELETED>
<DELETED>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.</DELETED>
<DELETED>    ``(c) Appeals of Decision in Hearing.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Automatic appeals in cases of permanent 
        resident aliens in which no summary provided.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) General Provisions Relating to Appeals.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Transmittal of record.--In an appeal or 
        review to the Court of Appeals pursuant to subsection (b) or 
        (c)--</DELETED>
                <DELETED>    ``(A) the entire record shall be 
                transmitted to the Court of Appeals, and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Expedited appellate proceeding.--In an 
        appeal or review to the Court of Appeals pursuant to subsection 
        (b) or (c):</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Standard for review.--In an appeal or review 
        to the Court of Appeals pursuant to subsection (b) or 
        (c):</DELETED>
                <DELETED>    ``(A) Questions of law.--The Court of 
                Appeals shall review all questions of law de 
                novo.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Appeals of Detention Orders.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

               <DELETED>``detention and custody</DELETED>

<DELETED>    ``Sec. 508. (a) Initial Custody.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the alien's release will not 
                endanger national security or the safety of any person 
                or the community.</DELETED>
        <DELETED>The judge may consider classified information 
        submitted in camera and ex parte in making a determination 
        under this paragraph.</DELETED>
        <DELETED>    ``(3) Release if order denied and no review 
        sought.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.</DELETED>
<DELETED>    ``(b) Conditional Release If Order Denied and Review 
Sought.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Custody and Release After Hearing.--</DELETED>
        <DELETED>    ``(1) Release.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Custody and removal.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Removal.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Continued Detention Pending Trial.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Rights of Aliens in Custody.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Criminal Penalty for Reentry of Alien Terrorists.--
Section 276(b) (8 U.S.C. 1326(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (1),</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (2) and inserting ``; or'', and</DELETED>
        <DELETED>    (3) by inserting after paragraph (2) the following 
        new paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Elimination of Custody Review by Habeas Corpus.--
Section 106(a) (8 U.S.C. 1105a(a)) is amended--</DELETED>
        <DELETED>    (1) by adding ``and'' at the end of paragraph 
        (8),</DELETED>
        <DELETED>    (2) by striking ``; and'' at the end of paragraph 
        (9) and inserting a period, and</DELETED>
        <DELETED>    (3) by striking paragraph (10).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN 
              TERRORISTS.</DELETED>

<DELETED>    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.</DELETED>

    <DELETED>PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN 
                          TERRORISTS</DELETED>

<DELETED>SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF 
              INADMISSIBILITY.</DELETED>

<DELETED>    (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 
1182(a)(3)(B)) is amended--</DELETED>
        <DELETED>    (1) in clause (i)--</DELETED>
                <DELETED>    (A) by striking ``or'' at the end of 
                subclause (I),</DELETED>
                <DELETED>    (B) in subclause (II), by inserting 
                ``engaged in or'' after ``believe,'', and</DELETED>
                <DELETED>    (C) by inserting after subclause (II) the 
                following:</DELETED>
                                <DELETED>    ``(III) is a 
                                representative of a terrorist 
                                organization, or</DELETED>
                                <DELETED>    ``(IV) is a member of a 
                                terrorist organization which the alien 
                                knows or should have known is a 
                                terrorist organization,''; 
                                and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                        <DELETED>    ``(iv) Terrorist organization 
                        defined.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.</DELETED>

<DELETED>    (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.''.</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (d) Adjustment of Status.--Section 245(c) (8 U.S.C. 
1255(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' before ``(5)'', 
        and</DELETED>
        <DELETED>    (2) by inserting before the period at the end the 
        following: ``, or (6) an alien who is deportable under section 
        241(a)(4)(B)''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) The amendments made by subsections (a) through (c) are 
subsequently superseded by the amendments made by subtitle A.</DELETED>

<DELETED>Subtitle C--Deterring Transportation of Unlawful Aliens to the 
                        United States</DELETED>

                               <DELETED>Title III, Subtitle C</DELETED>

<DELETED>SEC. 341. DEFINITION OF STOWAWAY.</DELETED>

<DELETED>    (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) 
is amended by adding the following new paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS 
              ARRIVING.</DELETED>

<DELETED>    (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is 
amended--</DELETED>
        <DELETED>    (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.'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking ``shall be 
        prepared'' and inserting ``shall be prepared and submitted''; 
        and</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR TRANSIT 
              WITHOUT VISA ALIENS.</DELETED>

<DELETED>    (a) In General.--Section 238(c) (8 U.S.C. 1228(c)), before 
redesignation as section 233 under section 308(b)(4), is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after ``(a)'', 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) is refused admission to the United 
        States,</DELETED>
        <DELETED>    ``(B) fails to continue the alien's journey to a 
        foreign country within the time prescribed by regulation, 
        or</DELETED>
        <DELETED>    ``(C) is refused admission by the foreign country 
        to which the alien is travelling while transiting through the 
        United States. ''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE ALIENS 
              FROM CONTIGUOUS TERRITORIES.</DELETED>

<DELETED>    (a) In General.--Section 273 (8 U.S.C. 1323) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``(other than 
        from foreign contiguous territory)'', and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``$3,000'' and 
        inserting ``$5,000''.</DELETED>
<DELETED>    (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.</DELETED>

          <DELETED>Subtitle D--Additional Provisions</DELETED>

                               <DELETED>Title III, Subtitle D</DELETED>

<DELETED>SEC. 351. DEFINITION OF CONVICTION.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) The judge has ordered some form of 
                punishment, penalty, or restraint on the alien's 
                liberty to be imposed.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 352. USE OF TERM ``IMMIGRATION JUDGE''.</DELETED>

<DELETED>    (a) Definition of Term.--Paragraph (4) of section 101(b) 
(8 U.S.C. 1101(b)) is amended to read as follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Section 106(a)(2) (8 U.S.C. 
        1105a(a)(2)).</DELETED>
        <DELETED>    (2) Section 209(a)(2) (8 U.S.C. 
        1159(a)(2)).</DELETED>
        <DELETED>    (3) Section 234 (8 U.S.C. 1224).</DELETED>
        <DELETED>    (4) Section 235 (8 U.S.C. 1225).</DELETED>
        <DELETED>    (5) Section 236 (8 U.S.C. 1226).</DELETED>
        <DELETED>    (6) Section 242(b) (8 U.S.C. 1252(b)).</DELETED>
        <DELETED>    (7) Section 242(d)(1) (8 U.S.C. 
        1252(d)(1)).</DELETED>
        <DELETED>    (8) Section 292 (8 U.S.C. 1362).</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT 
              STATUS.</DELETED>

<DELETED>    (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.''.</DELETED>
<DELETED>    (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)).</DELETED>

<DELETED>SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.</DELETED>

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

       <DELETED>``civil penalties for failure to depart</DELETED>

<DELETED>    ``Sec. 274D. (a) In General.--Any alien subject to a final 
order of removal who--</DELETED>
        <DELETED>    ``(1) willfully fails or refuses to--</DELETED>
                <DELETED>    ``(A) depart from the United States 
                pursuant to the order,</DELETED>
                <DELETED>    ``(B) make timely application in good 
                faith for travel or other documents necessary for 
                departure, or</DELETED>
                <DELETED>    ``(C) present for removal at the time and 
                place required by the Attorney General; or</DELETED>
        <DELETED>    ``(2) conspires to or takes any action designed to 
        prevent or hamper the alien's departure pursuant to the 
        order,</DELETED>
<DELETED>shall pay a civil penalty of not more $500 to the Commissioner 
for each day the alien is in violation of this section.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 274C the following new 
item:</DELETED>

<DELETED>``Sec. 274D. Civil penalties for failure to depart.''.
<DELETED>    (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)).</DELETED>

<DELETED>SEC. 355. CLARIFICATION OF DISTRICT COURT 
              JURISDICTION.</DELETED>

<DELETED>    (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to actions filed after the date of the enactment of this 
Act.</DELETED>

[<DELETED>SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR INSTITUTIONAL 
              HEARING PROGRAM.

</DELETED>    [<DELETED>(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--
        </DELETED>    [<DELETED>(1) annuities under the provisions of 
        subchapter III of chapter 83 of title 5, United States Code, or 
        chapter 84 of such title;
        </DELETED>    [<DELETED>(2) annuities under any other 
        retirement system for employees of the Federal Government; or
        </DELETED>    [<DELETED>(3) retired or retainer pay as retired 
        officers of regular components of the uniformed services.
</DELETED>    [<DELETED>(b) No Reduction in Annuity or Retirement Pay 
or Redetermination of Pay During Temporary Employment.--
        </DELETED>    [<DELETED>(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)--
                </DELETED>    [<DELETED>(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;
                </DELETED>    [<DELETED>(B) retirement deductions shall 
                not be withheld from such individual's pay; and
                </DELETED>    [<DELETED>(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.
        </DELETED>    [<DELETED>(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).
        </DELETED>    [<DELETED>(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).</DELETED>]

<DELETED>SEC. </DELETED>[<DELETED>357.</DELETED>] [356.] 
              <DELETED>ENHANCED PENALTIES FOR FAILURE TO DEPART, 
              ILLEGAL REENTRY, AND PASSPORT AND VISA FRAUD.

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SEC. </DELETED>[<DELETED>358.</DELETED>] [357.] <DELETED>AUTHORIZATION 
              OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

<DELETED>    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.</DELETED>

SEC. </DELETED>[<DELETED>359.</DELETED>] [358.] <DELETED>APPLICATION OF 
              ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

<DELETED>    (a) In General.--Subsection (b) of section 280 (8 U.S.C. 
1330(b)) is amended to read as follows:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The amounts described in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) The increase in penalties collected 
        resulting from the amendments made by sections 203(b) and 
        543(a) of the Immigration Act of 1990.</DELETED>
        <DELETED>    ``(B) Civil penalties collected under sections 
        240B(d), 274C, 274D, and 275(b).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(i) the identification, investigation, 
        apprehension, detention, and removal of criminal 
        aliens;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (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.</DELETED>

SEC. </DELETED>[<DELETED>360.</DELETED>] [359.] <DELETED>PRISONER 
              TRANSFER TREATIES.

<DELETED>    (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--</DELETED>
        <DELETED>    (1) to expedite the transfer of aliens unlawfully 
        in the United States who are (or are about to be) incarcerated 
        in United States prisons,</DELETED>
        <DELETED>    (2) to ensure that a transferred prisoner serves 
        the balance of the sentence imposed by the United States 
        courts, and</DELETED>
        <DELETED>    (3) to eliminate any requirement of prisoner 
        consent to such a transfer.</DELETED>
<DELETED>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.</DELETED>
<DELETED>    (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.</DELETED>

SEC. </DELETED>[<DELETED>361.</DELETED>] [360.] <DELETED>CRIMINAL ALIEN 
              IDENTIFICATION SYSTEM.

<DELETED>    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:</DELETED>
<DELETED>    ``(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.''.</DELETED>

SEC. </DELETED>[<DELETED>362.</DELETED>] [361.] <DELETED>WAIVER OF 
              EXCLUSION AND DEPORTATION GROUND FOR CERTAIN SECTION 274C 
              VIOLATORS.

<DELETED>    (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is 
amended--</DELETED>
        <DELETED>    (1) by amending subparagraph (F) of subsection 
        (a)(6) to read as follows:</DELETED>
        <DELETED>    ``(F) Subject of civil penalty.--</DELETED>
                <DELETED>    ``(i) In general.--An alien who is the 
                subject of a final order for violation of section 274C 
                is inadmissible.</DELETED>
                <DELETED>    ``(ii) Waiver authorized.--For provision 
                authorizing waiver of clause (i), see subsection 
                (d)(12).''; and</DELETED>
        <DELETED>    (2) by adding at the end of subsection (d) the 
        following new paragraph:</DELETED>
<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or under 
        section 203(a),</DELETED>
<DELETED>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).''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(C) Document fraud.--</DELETED>
                        <DELETED>    ``(i) In general.--An alien who is 
                        the subject of a final order for violation of 
                        section 274C is deportable.</DELETED>
                        <DELETED>    ``(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).''.</DELETED>

SEC. </DELETED>[<DELETED>363.</DELETED>] [362.] <DELETED>AUTHORIZING 
              REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR CRIMINAL 
              PAROLE.

<DELETED>    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)''.</DELETED>

        <DELETED>TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST 
                          EMPLOYMENT</DELETED>

                                            <DELETED>Title IV</DELETED>

<DELETED>SEC. 401. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
              PROVISIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR 
              LAWS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.</DELETED>

<DELETED>    (a) Reducing the Number of Documents Accepted for 
Employment Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(B)--</DELETED>
                <DELETED>    (A) by adding ``or'' at the end of clause 
                (i),</DELETED>
                <DELETED>    (B) by striking clauses (ii) through (iv), 
                and</DELETED>
                <DELETED>    (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);</DELETED>
        <DELETED>    (2) by amending subparagraph (C) of paragraph (1) 
        to read as follows:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by amending paragraph (2) to read as 
        follows:</DELETED>
        <DELETED>    ``(2) Individual attestation of employment 
        authorization and provision of social security account 
        number.--The individual must--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) provide on such form the 
                individual's social security account 
                number.''.</DELETED>
<DELETED>    (b) Employment Eligibility Confirmation Process.--Section 
274A (8 U.S.C. 1324a) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(3), by inserting ``(A)'' 
        after ``Defense.--'', and by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by amending paragraph (3) of subsection (b) to 
        read as follows:</DELETED>
        <DELETED>    ``(3) Retention of verification form and 
        confirmation.--After completion of such form in accordance with 
        paragraphs (1) and (2), the person or entity must--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) in the case of the hiring 
                        of an individual--</DELETED>
                                <DELETED>    ``(I) three years after 
                                the date of such hiring, or</DELETED>
                                <DELETED>    ``(II) one year after the 
                                date the individual's employment is 
                                terminated,</DELETED>
                        <DELETED>whichever is later; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by adding at the end of subsection (b) the 
        following new paragraph:</DELETED>
        <DELETED>    ``(6) Employment eligibility confirmation 
        process.--</DELETED>
                <DELETED>    ``(A) In general.--The Attorney General 
                shall establish a confirmation mechanism through which 
                the Attorney General (or a designee of the Attorney 
                General)--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) maintains a record that 
                        such an inquiry was made and the confirmation 
                        provided (or not provided).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Design and operation of mechanism.--
                The confirmation mechanism shall be designed and 
                operated to maximize--</DELETED>
                        <DELETED>    ``(i) the reliability of the 
                        confirmation process, and</DELETED>
                        <DELETED>    ``(ii) the ease of use by 
                        employers, recruiters, and referrers,</DELETED>
                <DELETED>consistent with insulating and protecting the 
                privacy and security of the underlying 
                information.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Protections.--(i) In no case shall 
                an individual be denied employment because of 
                inaccurate or inaccessible data under the confirmation 
                mechanism.</DELETED>
                <DELETED>    ``(ii) The Attorney General shall assure 
                that there is a timely and accessible process to 
                challenge nonconfirmations made through the 
                mechanism.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(6) Treatment of documentation for certain 
        employees.--</DELETED>
                <DELETED>    ``(A) In general.--For purposes of 
                paragraphs (1)(B) and (3), if--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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,</DELETED>
                <DELETED>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).</DELETED>
                <DELETED>    ``(B) Period.--The period described in 
                this subparagraph is--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Liability.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Elimination of Dated Provisions.--Section 274A (8 
U.S.C. 1324a) is amended by striking subsections (i) through 
(n).</DELETED>
<DELETED>    (e) Effective Dates.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (C) The Attorney General shall submit to the 
        Congress, beginning in 1997, annual reports on the development 
        and implementation of the mechanism.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) The amendment made by subsection (d) shall 
        take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO 
              WORK.</DELETED>

<DELETED>    Subsection (c) of section 290 (8 U.S.C. 1360) is amended 
to read as follows:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON 
              ALIENS.</DELETED>

<DELETED>    Section 264 (8 U.S.C. 1304) is amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS 
              OF PAPERWORK REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of subparagraph 
        (C),</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (D) and inserting ``, and'', and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
                <DELETED>    ``(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).''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 407. REMEDIES IN UNFAIR IMMIGRATION-RELATED 
              DISCRIMINATION ORDERS.</DELETED>

<DELETED>    (a) Requiring Certain Remedies.--Section 274B(g)(2) (8 
U.S.C. 1324b(g)(2)) is amended--</DELETED>
        <DELETED>    (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).'';</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking ``Such an 
        order'' and inserting ``Subject to the second sentence of 
        subparagraph (A), such an order''; and</DELETED>
        <DELETED>    (3) in subparagraph (B)(vi), by inserting before 
        the semicolon at the end the following: ``and to certify the 
        fact of such education''.</DELETED>
<DELETED>    (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.</DELETED>

     <DELETED>TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM</DELETED>

                                             <DELETED>Title V</DELETED>

<DELETED>SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.</DELETED>

<DELETED>    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):</DELETED>
        <DELETED>    (1) Division of immigration among 3 categories.--
        There will be a worldwide level of immigration of approximately 
        535,000, divided among--</DELETED>
                <DELETED>    (A) family-sponsored immigrants, with a 
                worldwide annual numerical limitation (after a 
                transition) of approximately 330,000,</DELETED>
                <DELETED>    (B) employment-based immigrants, with a 
                worldwide annual numerical limitation of 135,000, 
                and</DELETED>
                <DELETED>    (C) humanitarian immigrants, with a 
                worldwide annual numerical limitation (after a 
                transition) of approximately 70,000.</DELETED>
        <DELETED>Congress is required to reevaluate and reauthorize 
        these numbers every 5 years.</DELETED>
        <DELETED>    (2) Family-sponsored immigrants.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Numerical limitations.--</DELETED>
                        <DELETED>    (i) There will be no direct 
                        numerical limit on admission of spouses and 
                        children of United States citizens.</DELETED>
                        <DELETED>    (ii) The annual numerical limit on 
                        admission of spouses and children of permanent 
                        residents will be below 85,000.</DELETED>
        <DELETED>    (3) Employment-based immigrants.--Employment-based 
        immigrants will fall within the following categories and 
        numerical limitations:</DELETED>
                <DELETED>    (A) Extraordinary immigrants.--First, 
                aliens with extraordinary ability, up to 15,000 each 
                year.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Humanitarian immigrants.--Humanitarian 
        immigrants will fall within the following categories and 
        numerical limitations:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Other humanitarian immigrants.--Other 
                immigrants who are of special humanitarian concern to 
                the United States, up to 10,000 each year.</DELETED>
        <DELETED>    (5) Transition.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

       <DELETED>Subtitle A--Worldwide Numerical Limits</DELETED>

                                 <DELETED>Title V, Subtitle A</DELETED>

<DELETED>SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED 
              IMMIGRANTS.</DELETED>

<DELETED>    (a) Overview.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Any excess in family immigration above 330,000 
        would come from other unused visas and, if necessary, from 
        future visa numbers.</DELETED>
        <DELETED>    (4) If there are any unused family visas, those 
        visas would be added to the spouses and children of lawful 
        permanent resident aliens.</DELETED>
<DELETED>    (b) Amendment.--Subsection (c) of section 201 (8 U.S.C. 
1151) is amended to read as follows:</DELETED>
<DELETED>    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Further reduction for any previous excess 
        family immigration.--</DELETED>
                <DELETED>    ``(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)).</DELETED>
                <DELETED>    ``(B) Determination of excess family 
                admissions.--For purposes of subparagraph (A), there 
                are excess family admissions in a fiscal year if--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) 330,000, less the 
                        carryforward number of excess admissions 
                        computed for the previous fiscal year (as 
                        defined in subparagraph (D)).</DELETED>
                <DELETED>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).</DELETED>
                <DELETED>    ``(C) Net number of excess admissions.--
                For purposes of subparagraph (A), the `net number of 
                excess admissions' for a fiscal year is--</DELETED>
                        <DELETED>    ``(i) the excess described in 
                        subparagraph (B) for the fiscal year, reduced 
                        (but not below zero) by</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Adjustment in certain employment-based visa 
        numbers in case of remaining excess family admissions.--
        </DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) First, adjustment of up to 
                        </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>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--</DELETED>
                                <DELETED>    ``(I) the remaining excess 
                                number of family admissions (described 
                                in subparagraph (B)), or</DELETED>
                                <DELETED>    ``(II) 
                                </DELETED>\<DELETED>1/2</DELETED>\ 
                                <DELETED>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.</DELETED>
                        <DELETED>    ``(ii) Then, adjustment of up to 
                        </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>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--</DELETED>
                                <DELETED>    ``(I) the remaining excess 
                                number of family admissions (described 
                                in subparagraph (B)) less the reduction 
                                in visa numbers effected under clause 
                                (i), or</DELETED>
                                <DELETED>    ``(II) 
                                </DELETED>\<DELETED>1/2</DELETED>\ 
                                <DELETED>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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED 
              IMMIGRANTS.</DELETED>

<DELETED>    Subsection (d) of section 201 (8 U.S.C. 1151) is amended 
to read as follows:</DELETED>
<DELETED>    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is--</DELETED>
        <DELETED>    ``(1) 135,000, minus</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 503. ESTABLISHMENT OF NUMERICAL LIMITATION ON 
              HUMANITARIAN IMMIGRANTS.</DELETED>

<DELETED>    (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)(3), by striking ``1995, 
        diversity'' and inserting ``1997, humanitarian'', and</DELETED>
        <DELETED>    (2) by amending subsection (e) to read as 
        follows:</DELETED>
<DELETED>    ``(e) Worldwide Level of Humanitarian Immigrants.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) 50,000, or, if less, the number of 
                aliens who were admitted as refugees under section 207 
                in the previous fiscal year, and</DELETED>
                <DELETED>    ``(B) the number of aliens who had been 
                granted asylum whose status was adjusted in the 
                previous fiscal year under section 209(b).</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the number of aliens who were 
                provided permanent resident status in the previous 
                fiscal year under section 249.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAUTHORIZATION 
              OF WORLDWIDE LEVELS EVERY 5 YEARS.</DELETED>

<DELETED>    Section 201 (8 U.S.C. 1151) is amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(f) Requirement for Periodic Review and Reauthorization 
of Worldwide Levels.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

      <DELETED>Subtitle B--Changes in Preference System</DELETED>

                                 <DELETED>Title V, Subtitle B</DELETED>

<DELETED>SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO SPOUSES AND 
              CHILDREN.</DELETED>

<DELETED>    (a) Reclassification.--Section 201(b)(2)(A) (8 U.S.C. 
1151(b)(2)(A)) is amended--</DELETED>
        <DELETED>    (1) in clause (i)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in the second sentence, by striking 
                ``an immediate relative'' and inserting ``a spouse of a 
                citizen of the United States''; and</DELETED>
        <DELETED>    (2) in clause (ii), by striking ``an immediate 
        relative'' and inserting ``a spouse of a citizen of the United 
        States''.</DELETED>
<DELETED>    (b) Protection of Certain Children from Aging Out of 
Preference Status.--</DELETED>
        <DELETED>    (1) In general.--Section 204 (8 U.S.C. 1154) is 
        amended by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall apply to immigrant visas issued on or after 
        October 1, 1996.</DELETED>

<DELETED>SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.</DELETED>

<DELETED>    (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is 
amended by striking paragraphs (1) through (4) and inserting the 
following:</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Parents of united states citizens.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) 50,000, or</DELETED>
                        <DELETED>    ``(ii) the number by which the 
                        worldwide level exceeds 85,000.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Reference to insurance 
                requirement.--For requirement relating to insurance for 
                qualifying parents, see section 
                212(a)(4)(D).''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(D) Insurance requirements for 
                qualifying parents.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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,</DELETED>
                        <DELETED>throughout the period the individual 
                        is residing in the United States.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICATION.</DELETED>

<DELETED>    (a) In General.--Section 203(b) (8 U.S.C. 1153(b)) is 
amended by striking paragraphs (1) through (5) and inserting the 
following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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,</DELETED>
                <DELETED>    ``(B) who seek to be admitted into the 
                United States to continue work in the area of 
                extraordinary ability, and</DELETED>
                <DELETED>    ``(C) whose admission into the United 
                States will substantially benefit prospectively the 
                United States.</DELETED>
        <DELETED>    ``(2) Aliens who are members of the professions 
        holding advanced degrees or aliens of exceptional ability.--
        </DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Aliens who are members of the 
                professions holding advanced degrees or aliens of 
                exceptional ability.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Skilled workers and professionals.--
        </DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>  ``(4) Investors in job creation.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) which the alien has 
                        established,</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Conditional Status for Certain Foreign Language 
Teachers.--(1) Title II is amended by inserting after section 216A the 
following new section:</DELETED>

 <DELETED>``conditional permanent resident status for certain foreign 
                      language teachers</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(b) Timing for Petition.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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)).</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of contents of the Immigration and 
Nationality Act is amended by inserting after the item relating to 
section 216A the following:</DELETED>

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

<DELETED>SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CONFIRMATION OF 
              CLASSIFICATION PETITIONS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) The Attorney General shall specify the form to be 
used under this paragraph. Such form shall be designed--</DELETED>
        <DELETED>    ``(i) to reconfirm the continued intention of the 
        petitioner to seek admission of the alien based on the 
        classification involved, and</DELETED>
        <DELETED>    ``(ii) as may be provided by the Attorney General, 
        to update the contents of the original classification 
        petition.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Special Immigrant Status for Certain NATO Civilian 
Employees.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is further 
amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of subparagraph 
        (J),</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (K) and inserting ``; or'', and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(L) an immigrant who would be described in 
        clause (i), (ii), (iii), or (iv) of subparagraph (I) if any 
        reference in such a clause--</DELETED>
                <DELETED>    ``(i) to an international organization 
                described in paragraph (15)(G)(i) were treated as a 
                reference to the North American Treaty Organization 
                (NATO);</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``(or under analogous authority 
        under paragraph (27)(L))'' after ``(27)(I)(i)'', and</DELETED>
        <DELETED>    (2) by inserting ``(or under analogous authority 
        under paragraph (27)(L))'' after ``(27)(I)''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Additional Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) 
        is amended by striking ``or (B)''.</DELETED>
        <DELETED>    (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is 
        amended by striking ``or (B)''.</DELETED>
        <DELETED>    (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),''.</DELETED>
        <DELETED>    (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),''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 516. REQUIREMENTS FOR REMOVAL OF CONDITIONAL STATUS OF 
              ENTREPRENEURS.</DELETED>

<DELETED>    (a) In General.--Section 216A(b) (8 U.S.C. 1186b(b)) is 
amended--</DELETED>
        <DELETED>    (1) by amending clause (ii) of paragraph (1)(B) to 
        read as follows:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(3) Exceptions.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 517. MISCELLANEOUS CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Conforming Amendments Relating to Immediate 
Relatives.--</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (2) Section 204 (8 U.S.C. 1154) is amended--
        </DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (C) in subsection (a)(1)(iv), by striking 
                ``as an immediate relative'' and inserting ``as a child 
                of a citizen of the United States'';</DELETED>
                <DELETED>    (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)'';</DELETED>
                <DELETED>    (E) in subsection (c), by striking ``an 
                immediate relative or preference'' and inserting ``a 
                preferential'';</DELETED>
                <DELETED>    (F) in subsection (e)--</DELETED>
                        <DELETED>    (i) by striking ``an immediate 
                        relative'' and inserting ``a spouse or child of 
                        a citizen of the United States'', and</DELETED>
                        <DELETED>    (ii) by striking ``his'' and 
                        ``he'' and inserting ``the alien's'' and ``the 
                        alien'', respectively; and</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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))''.</DELETED>
        <DELETED>    (6) Section 221(a) (8 U.S.C. 1201(a)) is amended 
        by striking ``, immediate relative,''.</DELETED>
        <DELETED>    (7)(A) Section 224 (8 U.S.C. 1204) is amended--
        </DELETED>
                <DELETED>    (i) by amending the heading to read as 
                follows:</DELETED>

   <DELETED>``visas for spouses and children of citizens and special 
                        immigrants'',</DELETED>

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

<DELETED>``Sec. 224.  Visas for spouses and children of citizens and 
                            special immigrants.''.
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Conforming Amendments for Other Family-Sponsored 
Immigrants.--</DELETED>
        <DELETED>    (1) Petitioning requirements.--Section 204 (8 
        U.S.C. 1154) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(1)(B)(i), by 
                striking ``203(a)(2)'' and inserting 
                ``203(a)(1)'';</DELETED>
                <DELETED>    (B) in clauses (ii) and (iii) of 
                subsection (a)(1), by striking ``203(a)(2)(A)'' and 
                inserting ``203(a)(1)''; and</DELETED>
                <DELETED>    (C) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3)'' and inserting ``or 
                203(a)(2)''.</DELETED>
        <DELETED>    (2) Application of per country levels.--Section 
        202 (8 U.S.C. 1152) is amended--</DELETED>
                <DELETED>    (A) by amending paragraph (4) of 
                subsection (a) to read as follows:</DELETED>
        <DELETED>    ``(4) Special rules for spouses and children of 
        lawful permanent resident aliens.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (B) in subsection (e)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by inserting 
                        before the semicolon the following: 
                        ``(determined without regard to subsections 
                        (c)(4) and (d)(2) of section 201)'',</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``paragraphs (1) through (4)'' and inserting 
                        ``paragraphs (1) and (2)'', and</DELETED>
                        <DELETED>    (iii) in the last sentence, by 
                        striking ``203(a)(2)(A)'' and inserting 
                        ``203(a)(1)''.</DELETED>
        <DELETED>    (3) Additional conforming amendments.--</DELETED>
                <DELETED>    (A) Section 203(d) (8 U.S.C. 1153(d)) is 
                amended by striking ``(a)'' and inserting 
                ``(a)(2)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (F) Section 2(c) of the Virgin Islands 
                Nonimmigrant Alien Adjustment Act of 1982 (Public Law 
                97-271) is amended--</DELETED>
                        <DELETED>    (i) in paragraph (2), by inserting 
                        ``or first family preference petitions'' after 
                        ``second preference petitions'';</DELETED>
                        <DELETED>    (ii) in paragraph (3)(A), by 
                        striking ``or'' at the end;</DELETED>
                        <DELETED>    (iii) in paragraph (3)(B), by 
                        striking the period at the end and inserting 
                        ``, or'';</DELETED>
                        <DELETED>    (iv) by adding at the end of 
                        paragraph (3) the following new 
                        subparagraph:</DELETED>
        <DELETED>    ``(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</DELETED>
                        <DELETED>    (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).''.</DELETED>
<DELETED>    (c) Conforming Amendments Relating to Employment-Based 
Immigrants.--</DELETED>
        <DELETED>    (1) Treatment of special k immigrants.--Section 
        203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is amended--</DELETED>
                <DELETED>    (A) in clause (i), by striking ``reduced 
                by </DELETED>\<DELETED>1/3</DELETED>\<DELETED>'' 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</DELETED>
                <DELETED>    (B) in clause (iii), by striking ``reduced 
                by </DELETED>\<DELETED>1/3</DELETED>\<DELETED>'' 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,''.</DELETED>
        <DELETED>    (2) Conforming amendments relating to petitioning 
        rights.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--
        </DELETED>
                <DELETED>    (A) in subparagraph (C), by striking 
                ``203(b)(1)(A)'' and inserting ``203(b)(1)'';</DELETED>
                <DELETED>    (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)'';</DELETED>
                <DELETED>    (C) in subparagraph (E)(i), by striking 
                ``203(b)(4)'' and inserting ``203(b)(5)'';</DELETED>
                <DELETED>    (D) in subparagraph (F), by striking 
                ``203(b)(5)'' and inserting ``203(b)(4)''; 
                and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (4) Other conforming amendments.--</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (D) Section 206(a) of the Immigration Act 
                of 1990 is amended by striking ``203(b)(1)(C)'' and 
                inserting ``203(b)(2)(C)''.</DELETED>
                <DELETED>    (E) Section 610 of Public Law 102-395 is 
                amended--</DELETED>
                        <DELETED>    (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))'',</DELETED>
                        <DELETED>    (ii) in subsection (b), by 
                        striking ``section 203(b)(5)'' and inserting 
                        ``section 203(b)(4)'', and</DELETED>
                        <DELETED>    (iii) in subsection (c), by 
                        striking ``203(b)(5)(A)(iii)'' and inserting 
                        ``203(b)(4)(A)(iii)''.</DELETED>
                <DELETED>    (F) Section 2(d)(2) of the Chinese Student 
                Protection Act of 1992 (Public Law 102-404) is 
                amended--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``203(b)(3)(A)(i)'' and inserting 
                        ``203(b)(3)(B)'', and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``203(b)(5)'' and inserting 
                        ``203(b)(4)''.</DELETED>
                <DELETED>    (G) The Soviet Scientists Immigration Act 
                of 1992 (Public Law 102-509) is amended--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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))''.</DELETED>
<DELETED>    (d) Repeal of Certain Outdated Provisions.--The following 
provisions of law are repealed:</DELETED>
        <DELETED>    (1) Section 9 of Public Law 94-571 (90 Stat. 
        2707).</DELETED>
        <DELETED>    (2) Section 19 of Public Law 97-116 (95 Stat. 
        1621).</DELETED>

   <DELETED>Subtitle C--Refugees, Asylees, Parole, and Humanitarian 
                          Admissions</DELETED>

                                 <DELETED>Title V, Subtitle C</DELETED>

<DELETED>SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.</DELETED>

<DELETED>    (a) In General.--Paragraphs (1) and (2) of section 207(a) 
(8 U.S.C. 1157(a)) are amended to read as follows:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2)(A) Except as provided in subparagraph (B), the 
number determined under paragraph (1) for a fiscal year may not 
exceed--</DELETED>
        <DELETED>    ``(i) 75,000 in the case of fiscal year 1997, 
        or</DELETED>
        <DELETED>    ``(ii) 50,000 in the case of any succeeding fiscal 
        year.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall apply beginning with fiscal year 1997.</DELETED>

<DELETED>SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 
              EACH YEAR.</DELETED>

<DELETED>    (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--''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 
1157(a)) is amended by striking paragraph (4).</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 1996.</DELETED>

[<DELETED>SEC. 523. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION 
              BACKLOGS.

</DELETED>    [<DELETED>(a) Authorization of Temporary Employment of 
Certain Annuitants and Retirees.--
        </DELETED>    [<DELETED>(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--
                </DELETED>    [<DELETED>(A) annuities under the 
                provisions of subchapter III of chapter 83 of title 5, 
                United States Code, or chapter 84 of such title;
                </DELETED>    [<DELETED>(B) annuities under any other 
                retirement system for employees of the Federal 
                Government; or
                </DELETED>    [<DELETED>(C) retired or retainer pay as 
                retired officers of regular components of the uniformed 
                services.
        </DELETED>    [<DELETED>(2) No reduction in annuity or 
        retirement pay or redetermination of pay during temporary 
        employment.--
                </DELETED>    [<DELETED>(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)--
                        </DELETED>    [<DELETED>(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;
                        </DELETED>    [<DELETED>(ii) retirement 
                        deductions shall not be withheld from such 
                        individual's pay; and
                        </DELETED>    [<DELETED>(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.
                </DELETED>    [<DELETED>(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).
                </DELETED>    [<DELETED>(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).
</DELETED>    [<DELETED>(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).
</DELETED>    [<DELETED>(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. </DELETED>[<DELETED>524.</DELETED>] [523.] <DELETED>PAROLE 
              AVAILABLE ONLY ON A CASE-BY-CASE BASIS FOR HUMANITARIAN 
              REASONS OR SIGNIFICANT PUBLIC BENEFIT.

<DELETED>    (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 
1182(d)) is amended to read as follows:</DELETED>
<DELETED>    ``(5) Humanitarian and Public Interest Parole.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(i) for an urgent humanitarian reason 
                (as described under subparagraph (B)); or</DELETED>
                <DELETED>    ``(ii) for a reason deemed strictly in the 
                public interest (as described under subparagraph 
                (C)).</DELETED>
        <DELETED>    ``(B) Humanitarian parole.--The Attorney General 
        may parole an alien based on an urgent humanitarian reason 
        described in this subparagraph only if--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

SEC. </DELETED>[<DELETED>525.</DELETED>] [526.] <DELETED>ADMISSION OF 
              HUMANITARIAN IMMIGRANTS

<DELETED>    (a) In General.--Subsection (c) of section 203 (8 U.S.C. 
1153) is amended to read as follows:</DELETED>
<DELETED>    ``(c) Humanitarian Immigrants.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Selection of immigrants.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Petitioning.--Subparagraph (G) of section 204(a)(1) (8 
U.S.C. 1154(a)(1)) is amended to read as follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Order of Consideration.--Section 203 (8 U.S.C. 1153) 
is amended--</DELETED>
        <DELETED>    (1) by amending paragraph (2) of subsection (e) to 
        read as follows:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (g), by striking ``(a), (b), and 
        (c)'' and inserting ``(a) and (b)''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Waiver of Certain Grounds of Inadmissibility.--Section 
212(a) (8 U.S.C. 1182(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (4), as amended by section 621, 
        by adding at the end the following new subparagraph:</DELETED>
                <DELETED>    ``(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).'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) in paragraph (7)(A), by redesignating clause 
        (ii) as clause (iii) and by inserting after clause (i) the 
        following new clause:</DELETED>
                        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (f) Conforming Amendments Relating to Elimination of 
Diversity Program.--</DELETED>
        <DELETED>    (1) Section 141(c) of the Immigration Act of 1990 
        is amended by striking paragraph (2).</DELETED>
        <DELETED>    (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''.</DELETED>

SEC. </DELETED>[<DELETED>526.</DELETED>] [525.] <DELETED>ASYLUM REFORM.

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

                      <DELETED>``asylum</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(b) Conditions for Granting Asylum.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Limitations.--(A) Paragraphs (1) and (2) 
        shall not apply to an alien if the Attorney General determines 
        that--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(iv) there are reasonable grounds for 
                regarding the alien as a danger to the security of the 
                United States;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Asylum Status.--</DELETED>
        <DELETED>    ``(1) In general.--In the case of any alien 
        granted asylum under subsection (b), the Attorney General, in 
        accordance with this section--</DELETED>
                <DELETED>    ``(A) shall not remove or return the alien 
                to the country described in subsection 
                (b)(1);</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) may allow the alien to travel abroad 
                with the prior consent of the Attorney 
                General.</DELETED>
        <DELETED>    ``(2) Limitations.--Asylum status does not include 
        or convey a right to remain permanently in the United 
        States.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the alien meets a condition described in 
        subsection (b)(3); or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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)).</DELETED>
<DELETED>    ``(f) Asylum Procedure.--</DELETED>
        <DELETED>    ``(1) Applications.--</DELETED>
                <DELETED>    ``(A) Deadline.--(i) Subject to clause 
                (ii), an alien's application for asylum shall not be 
                considered under this section unless--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II) such application is 
                        actually filed not later than 60 days after 
                        being admitted or coming to the United 
                        States.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Consideration of asylum applications.--
        </DELETED>
                <DELETED>    ``(A) In general.--The Attorney General 
                shall establish a procedure for considering 
                applications for asylum submitted pursuant to paragraph 
                (1). Such procedure shall include--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Finality of determinations.--The 
                decision of an asylum officer shall be the final 
                administrative determination of a claim for 
                asylum.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Denial of Immigration Benefits for Frivolous 
Applications.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming and Clerical Amendments.--(1) The item in 
the table of contents relating to section 208 is amended to read as 
follows:</DELETED>

<DELETED>``Sec. 208.  Asylum.''.
<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>

        <DELETED>Subtitle D--General Effective Date; Transition 
                          Provisions</DELETED>

                                 <DELETED>Title V, Subtitle D</DELETED>

<DELETED>SEC. 551. GENERAL EFFECTIVE DATE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Provisions Taking Effect Upon Enactment.--Sections 523 
and 554 shall take effect on the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSIFICATION 
              PETITIONS.</DELETED>

<DELETED>    (a) Family-Sponsored Immigrants.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Employment-Based Immigrants.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    (a) In General.--(1) In addition to any immigrant visa 
numbers otherwise available, 50,000 (or, if greater, 
</DELETED>\<DELETED>1/5</DELETED>\ <DELETED>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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVANTAGED FAMILY 
              FIRST PREFERENCE IMMIGRANTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Additional Visa Numbers Potentially Available To 
Assure Equitable Treatment for Unmarried Sons and Daughters of United 
States Citizens.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Disadvantaged family first preference alien 
        defined.--In this subsection, the term ``disadvantaged family 
        first preference alien'' means an alien--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

    <DELETED>TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS</DELETED>

                                            <DELETED>Title VI</DELETED>

<DELETED>SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 
              IMMIGRATION.</DELETED>

<DELETED>    The Congress makes the following statements concerning 
national policy with respect to welfare and immigration:</DELETED>
        <DELETED>    (1) Self-sufficiency has been a basic principle of 
        United States immigration law since this country's earliest 
        immigration statutes.</DELETED>
        <DELETED>    (2) It continues to be the immigration policy of 
        the United States that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the availability of public benefits 
                not constitute an incentive for immigration to the 
                United States.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) It is a compelling government interest to 
        remove the incentive for illegal immigration provided by the 
        availability of public benefits.</DELETED>
        <DELETED>    (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.</DELETED>

     <DELETED>Subtitle A--Eligibility of Illegal Aliens for Public 
                           Benefits</DELETED>

                                <DELETED>Title VI, Subtitle A</DELETED>

          <DELETED>PART 1--PUBLIC BENEFITS GENERALLY</DELETED>

<DELETED>SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC 
              ASSISTANCE, CONTRACTS, AND LICENSES.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Requiring Proof of Identity for Federal Contracts, 
Grants, Loans, Licenses, and Public Assistance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Public assistance programs covered.--The 
        requirement of proof of identity under paragraph (1) shall 
        apply to the following Federal public assistance 
        programs:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) AFDC.--The program of aid to families 
                with dependent children under part A or E of title IV 
                of the Social Security Act.</DELETED>
                <DELETED>    (C) Social services block grant.--The 
                program of block grants to States for social services 
                under title XX of the Social Security Act.</DELETED>
                <DELETED>    (D) Medicaid.--The program of medical 
                assistance under title XIX of the Social Security 
                Act.</DELETED>
                <DELETED>    (E) Food stamps.--The program under the 
                Food Stamp Act of 1977.</DELETED>
                <DELETED>    (F) Housing assistance.--Financial 
                assistance as defined in section 214(b) of the Housing 
                and Community Development Act of 1980.</DELETED>
        <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Resident alien card.</DELETED>
                <DELETED>    (C) State driver's license, if presented 
                with the individual's social security account number 
                card.</DELETED>
                <DELETED>    (D) State identity card, if presented with 
                the individual's social security account number 
                card.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR 
              UNEMPLOYMENT BENEFITS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 603. GENERAL EXCEPTIONS.</DELETED>

<DELETED>    Sections 601 and 602 shall not apply to the 
following:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Public health immunizations.--Public health 
        assistance for immunizations with respect to immunizable 
        diseases and for testing and treatment for communicable 
        diseases.</DELETED>
        <DELETED>    (3) Short-term emergency disaster relief.--The 
        provision of non-cash, in-kind, short-term emergency disaster 
        relief.</DELETED>

<DELETED>SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL 
              SERVICES EXCEPTION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Administration.--This section shall be administered by 
the Attorney General, in consultation with the Secretary of Health and 
Human Services.</DELETED>
<DELETED>    (d) Effective Date.--Subsection (a) shall not apply to 
emergency medical services furnished before October 1, 1995.</DELETED>

<DELETED>SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM 
              HOUSING ASSISTANCE PROGRAMS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 606. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this part:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) State.--The term ``State'' includes the 
        District of Columbia, Puerto Rico, the Virgin Islands, Guam, 
        the Northern Mariana Islands, and American Samoa.</DELETED>

<DELETED>SEC. 607. REGULATIONS AND EFFECTIVE DATES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

          <DELETED>PART 2--EARNED INCOME TAX CREDIT</DELETED>

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

<DELETED>    (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:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) such individual's taxpayer 
                        identification number, and</DELETED>
                        <DELETED>    ``(ii) if the individual is 
                        married (within the meaning of section 7703), 
                        the taxpayer identification number of such 
                        individual's spouse.''</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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).''</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 
1995.</DELETED>

  <DELETED>Subtitle B--Expansion of Disqualification From Immigration 
            Benefits on the Basis of Public Charge</DELETED>

                                <DELETED>Title VI, Subtitle B</DELETED>

<DELETED>SEC. 621. GROUND FOR INADMISSIBILITY.</DELETED>

<DELETED>    (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 
1182(a)) is amended to read as follows:</DELETED>
        <DELETED>    ``(4) Public charge.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Employment-based immigrants.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 622. GROUND FOR DEPORTABILITY.</DELETED>

<DELETED>    (a) In General.--Paragraph (5) of section 241(a) (8 U.S.C. 
1251(a)) is amended to read as follows:</DELETED>
        <DELETED>    ``(5) Public charge.--</DELETED>
                <DELETED>    ``(A) In general.--Any alien who, within 7 
                years after the date of entry or admission, becomes a 
                public charge is deportable.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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):</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) AFDC.--The program of aid 
                        to families with dependent children under part 
                        A or E of title IV of the Social Security 
                        Act.</DELETED>
                        <DELETED>    ``(iii) Social services block 
                        grant.--The program of block grants to States 
                        for social services under title XX of the 
                        Social Security Act.</DELETED>
                        <DELETED>    ``(iv) Medicaid.--The program of 
                        medical assistance under title XIX of the 
                        Social Security Act.</DELETED>
                        <DELETED>    ``(v) Food stamps.--The program 
                        under the Food Stamp Act of 1977.</DELETED>
                        <DELETED>    ``(vi) State general cash 
                        assistance.--A program of general cash 
                        assistance of any State or political 
                        subdivision of a State.</DELETED>
                        <DELETED>    ``(vii) Housing assistance.--
                        Financial assistance as defined in section 
                        214(b) of the Housing and Community Development 
                        Act of 1980.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Public health 
                        immunizations.--Public health assistance 
for immunizations with respect to immunizable diseases and for testing 
and treatment for communicable diseases.</DELETED>
                        <DELETED>    ``(iii) Short-term emergency 
                        disaster relief.--The provision of non-cash, 
                        in-kind, short-term emergency disaster 
                        relief.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

     <DELETED>Subtitle C--Attribution of Income and Affidavits of 
                           Support</DELETED>

                                <DELETED>Title VI, Subtitle C</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) the income and resources of the spouse (if 
        any) of the individual.</DELETED>
<DELETED>    (b) Period of Attribution.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) 7 years after the date the alien is 
                lawfully admitted to the United States for permanent 
                residence, or</DELETED>
                <DELETED>    (B) the alien is naturalized as a citizen 
                of the United States,</DELETED>
        <DELETED>whichever occurs first.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) The Attorney General shall ensure that 
                appropriate information pursuant to subparagraph (A) is 
                provided to the System for Alien Verification of 
                Eligibility (SAVE).</DELETED>
<DELETED>    (c) Optional Application to State Programs.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the income and resources of the spouse 
                (if any) of the individual.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Means-Tested Program Defined.--In this 
section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The term ``Federal means-tested public 
        benefits program'' means a means-tested public benefits program 
        of (or contributed to by) the Federal Government.</DELETED>
        <DELETED>    (3) The term ``State means-tested public benefits 
        program'' means a means-tested public benefits program that is 
        not a Federal means-tested program.</DELETED>

<DELETED>SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF 
              SUPPORT.</DELETED>

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

  <DELETED>``requirements for sponsor's affidavit of support</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(i) 7 years after the date the alien is lawfully 
        admitted to the United States for permanent residence, 
        or</DELETED>
        <DELETED>    ``(ii) such time as the alien is naturalized as a 
        citizen of the United States,</DELETED>
        <DELETED>whichever occurs first.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(ii) The Attorney General shall ensure that appropriate 
information pursuant to clause (i) is provided to the System for Alien 
Verification of Eligibility (SAVE).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(2) Any person subject to the requirement of paragraph 
(1) who fails to satisfy such requirement shall be subject to a civil 
penalty of--</DELETED>
        <DELETED>    ``(A) not less than $250 or more than $2,000, 
        or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Definitions.--For the purposes of this section--
</DELETED>
        <DELETED>    ``(1) Sponsor.--The term `sponsor' means, with 
        respect to an alien, an individual who--</DELETED>
                <DELETED>    ``(A) is a citizen or national of the 
                United States or an alien who is lawfully admitted to 
                the United States for permanent residence;</DELETED>
                <DELETED>    ``(B) is 18 years of age or 
                over;</DELETED>
                <DELETED>    ``(C) is domiciled in any State;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) is petitioning for the admission of 
                the alien under section 204.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Settlement of Claims Prior to Naturalization.--Section 
316(a) (8 U.S.C. 1427(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' before ``(3)'', 
        and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (d) Clerical Amendment.--The table of contents of such Act 
is amended by inserting after the item relating to section 213 the 
following:</DELETED>

<DELETED>``Sec. 213A.  Requirements for sponsor's affidavit of 
                            support.''.
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

       <DELETED>TITLE VII--FACILITATION OF LEGAL ENTRY</DELETED>

                                           <DELETED>Title VII</DELETED>

<DELETED>SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE 
              IMPROVEMENTS.</DELETED>

<DELETED>    (a) Increased Personnel.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Improved Infrastructure.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 702. COMMUTER LANE PILOT PROGRAMS.</DELETED>

<DELETED>    (a) Making Land Border Inspection Fee Permanent.--Section 
286(q) (8 U.S.C. 1356(q)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``a project'' 
        and inserting ``projects'';</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``Such project'' 
        and inserting ``Such projects''; and</DELETED>
        <DELETED>    (3) by striking paragraph (5).</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.</DELETED>

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

         <DELETED>``preinspection at foreign airports</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(2) Not later than November 1, 1995, and each subsequent 
November 1, the Attorney General shall compile data identifying--
</DELETED>
        <DELETED>    ``(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,</DELETED>
        <DELETED>    ``(B) the number and nationality of such aliens 
        arriving from each such foreign airport, and</DELETED>
        <DELETED>    ``(C) the primary routes such aliens followed from 
        their country of origin to the United States.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(4) Prior to the establishment of a preinspection 
station the Attorney General, in consultation with the Secretary of 
State, shall ensure that--</DELETED>
        <DELETED>    ``(A) employees of the United States stationed at 
        the preinspection station and their accompanying family members 
        will receive appropriate protection,</DELETED>
        <DELETED>    ``(B) such employees and their families will not 
        be subject to unreasonable risks to their welfare and safety, 
        and</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of contents is amended 
by inserting after the item relating to section 235 the following new 
item:</DELETED>

<DELETED>``Sec. 235A.  Preinspection at foreign airports.''.

<DELETED>SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF 
              FRAUDULENT DOCUMENTS.</DELETED>

<DELETED>    (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 
1356(h)(2)(A)) is amended--</DELETED>
        <DELETED>    (1) in clause (iv), by inserting ``, including 
        training of, and technical assistance to, commercial airline 
        personnel regarding such detection'' after ``United States'', 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>``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.''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (c) Effective Dates.--</DELETED>
        <DELETED>    (1) The amendments made by subsection (a) shall 
        apply to expenses incurred during or after fiscal year 
        1996.</DELETED>
        <DELETED>    (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.</DELETED>

        <DELETED>TITLE VIII--MISCELLANEOUS PROVISIONS</DELETED>

                                          <DELETED>Title VIII</DELETED>

<DELETED>SEC. 801. AMENDED DEFINITION OF AGGRAVATED FELONY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subparagraph (N), by striking ``of title 
        18, United States Code'' and inserting ``of this Act'', 
        and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (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).</DELETED>

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

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

<DELETED>SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING 
              PROCEDURES.</DELETED>

<DELETED>    (a) In General.--Section 202(a) (8 U.S.C. 1152(a)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``paragraph 
        (2)'' and inserting ``paragraphs (2) and (5)'', and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF 
              APPLICATION FOR VISAS.</DELETED>

<DELETED>    Section 212(b) (8 U.S.C. 1182(b)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);</DELETED>
        <DELETED>    (2) by striking ``If'' and inserting ``(1) Subject 
        to paragraph (2), if''; and</DELETED>
        <DELETED>    (3) by inserting at the end the following 
        paragraph:</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.</DELETED>

<DELETED>    Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``and residents'' and inserting 
        ``, residents'', and</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Inapplicability of Certain Regulations to Non-H-1B-
Dependent Employers.--</DELETED>
        <DELETED>    (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:</DELETED>
        <DELETED>    ``(E) In this subsection, the term `H-1B-dependent 
        employer' means an employer that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>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.''.</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(4) In carrying out this subsection in the case of an 
employer that is not an H-1B-dependent employer--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.''.</DELETED>
        <DELETED>    (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)''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(E)(i) If the employer--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(iii) For purposes of this subparagraph, the 
        term `laid off', with respect to an employee--</DELETED>
                <DELETED>    ``(I) means the employee's loss of 
                employment, other than a discharge for cause, voluntary 
                departure, or retirement, and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by 
adding at the end the following new subparagraph:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is 
amended by inserting ``or (1)(E)'' after ``(1)(B)''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Effective Dates.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 807. VALIDITY OF PERIOD OF VISAS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (b) Effective Date.--(1) The amendment made by subsection 
(a)(1) shall apply to applications for adjustment of status filed after 
September 30, 1996.</DELETED>
<DELETED>    (2) The amendment made by subsection (a)(2) shall take 
effect on the title III-A effective date (as defined in section 
309(a)).</DELETED>

<DELETED>SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS 
              FILES.</DELETED>

<DELETED>    (a) Legalization Program.--Section 245A(c)(5) (8 U.S.C. 
1255a(c)(5)) is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraphs (A) through (C) 
        as clauses (i) through (iii), respectively;</DELETED>
        <DELETED>    (2) by striking ``Neither'' and inserting ``(A) 
        Except as provided in this paragraph, neither'';</DELETED>
        <DELETED>    (3) by redesignating the last sentence as 
        subparagraph (D);</DELETED>
        <DELETED>    (4) by striking the semicolon and inserting a 
        period;</DELETED>
        <DELETED>    (5) by striking ``except that the'' and inserting 
        the following:</DELETED>
        <DELETED>    ``(B) The'';</DELETED>
        <DELETED>    (6) by inserting after subparagraph (B), as 
        created by the amendment made by paragraph (5), the 
        following:</DELETED>
        <DELETED>    ``(C) The Attorney General may authorize 
        disclosure of information contained in the application of the 
        alien under this section to be used--</DELETED>
                <DELETED>    ``(i) for identification of the alien when 
                there is reason to believe that the alien has been 
                killed or severely incapacitated;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(iii) for immigration enforcement 
                purposes but only if the information is the date or 
                disposition of the application.''; and</DELETED>
        <DELETED>    (7) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(ii) The date of the applicant's 
                adjustment (if any) to the status of an alien lawfully 
                admitted for permanent residence.</DELETED>
                <DELETED>    ``(iii) Information concerning whether the 
                applicant has been convicted of a crime occurring after 
                the date of filing the application.''.</DELETED>
<DELETED>    (b) Special Agricultural Worker Program.--Section 210(b) 
of such Act (8 U.S.C. 1160(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by inserting ``, except as 
        permitting under paragraph (6)(B)'' after ``consent of the 
        alien'';</DELETED>
        <DELETED>    (2) in paragraph (6)--</DELETED>
                <DELETED>    (A) by striking ``Neither'' and inserting 
                ``(A) Except as provided in subparagraph (B), 
                neither'';</DELETED>
                <DELETED>    (B) by striking ``Anyone'' and inserting 
                the following:</DELETED>
        <DELETED>    ``(C) Anyone'';</DELETED>
                <DELETED>    (C) by inserting after the first sentence 
                the following:</DELETED>
        <DELETED>    ``(B) The Attorney General may authorize 
        disclosure of information contained in the application of the 
        alien to be used--</DELETED>
                <DELETED>    ``(i) for identification of the alien when 
                there is reason to believe that the alien has been 
                killed or severely incapacitated,</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(iii) for immigration enforcement 
                purposes but only if the information is the date or 
                disposition of the application.''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(ii) The date of the applicant's 
                adjustment (if any) to the status of an alien lawfully 
                admitted for permanent residence.</DELETED>
                <DELETED>    ``(iii) Information concerning whether the 
                applicant has been convicted of a crime occurring after 
                the date of filing the application.''.</DELETED>

<DELETED>SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF 
              MEMBERS OF THE ARMED SERVICES.</DELETED>

<DELETED>    Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of subparagraph 
        (R),</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (S) and inserting ``; or'', and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (S) the 
        following new subparagraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH 
              CERTIFICATES.</DELETED>

<DELETED>    Section 141 of the Immigration Act of 1990 is amended--
</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of 
                paragraph (1),</DELETED>
                <DELETED>    (B) by striking the period at the end of 
                paragraph (2) and inserting ``; and'', and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end of subsection (c) the 
        following new paragraph:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) establishing national standards for 
                counterfeit-resistant birth certificates, and</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 812. UNIFORM VITAL STATISTICS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT 
              AGENCIES, AND THE IMMIGRATION AND NATURALIZATION 
              SERVICE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 814. CRIMINAL ALIEN REIMBURSEMENT COSTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 815. MISCELLANEOUS TECHNICAL CORRECTIONS.</DELETED>

<DELETED>    (a) Amendments Relating to Public Law 103-322 (Violent 
Crime Control and Law Enforcement Act of 1994).--</DELETED>
        <DELETED>    (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,''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (3) Section 130003(b)(3) of VCCLEA is amended by 
        striking ``Naturalization'' and inserting 
        ``Nationality''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (B) Section 101(a)(15)(S) (8 U.S.C. 
        1101(a)(15)(S)) is amended by striking ``214(j)'' and inserting 
        ``214(k)''.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (7) Section 130007(a) of VCCLEA is amended by 
        striking ``242A(d)'' and inserting ``242A(a)(3)''.</DELETED>
        <DELETED>    (8) The amendments made by this subsection shall 
        be effective as if included in the enactment of the 
        VCCLEA.</DELETED>
<DELETED>    (b) Amendments Relating to Immigration and Nationality 
Technical Corrections Act of 1994.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) by striking ``Application'' and all 
                that follows through ``This'' and inserting 
                ``Applicability of Transmission Requirements.--
                This'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.''.</DELETED>
        <DELETED>    (2) Section 102 of INTCA is amended by adding at 
        the end the following new subsection:</DELETED>
<DELETED>    ``(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'.''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (4) Section 207(2) of INTCA is amended by 
        inserting a comma after ``specified''.</DELETED>
        <DELETED>    (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
        amended--</DELETED>
                <DELETED>    (A) in subparagraph (K)(ii), by striking 
                the comma after ``1588'', and</DELETED>
                <DELETED>    (B) in subparagraph (O), by striking 
                ``suspicion'' and inserting ``suspension''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (7) Section 209(a)(1) of INTCA is amended by 
        striking ``$3000'' and inserting ``$3,000''.</DELETED>
        <DELETED>    (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (11) Section 219(ee) of INTCA is amended by adding 
        at the end the following new paragraph:</DELETED>
<DELETED>    ``(3) The amendments made by this subsection shall take 
effect on the date of the enactment of this Act.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (13) Section 221 of INTCA is amended--</DELETED>
                <DELETED>    (A) by striking each semicolon and 
                inserting a comma,</DELETED>
                <DELETED>    (B) by striking ``disasters.'' and 
                inserting ``disasters,'', and</DELETED>
                <DELETED>    (C) by striking ``The official'' and 
                inserting ``the official''.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (15) Section 225 of INTCA is amended--</DELETED>
                <DELETED>    (A) by striking ``section 242(i)'' and 
                inserting ``sections 242(i) and 242A'', and</DELETED>
                <DELETED>    (B) by inserting ``, 1252a'' after 
                ``1252(i)''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Striking References to Section 210A.--</DELETED>
        <DELETED>    (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,''.</DELETED>
        <DELETED>    (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), 
        before redesignation by section 305(2), is amended by striking 
        subparagraph (F).</DELETED>
        <DELETED>    (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,''.</DELETED>
<DELETED>    (d) Miscellaneous Changes in the Immigration and 
Nationality Act.--</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``Sec. 242A. Expedited deportation of aliens convicted of 
                            committing aggravated felonies.''.
        <DELETED>    (2) Section 101(a)(43)(N) (8 U.S.C. 
        1101(a)(43)(N)) is amended by striking ``of title 18, United 
        States Code''.</DELETED>
        <DELETED>    (3) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is 
        amended by striking ``, 321, and 322'' and inserting ``and 
        321''.</DELETED>
        <DELETED>    (4) Pursuant to section 6(b) of Public Law 103-272 
        (108 Stat. 1378)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) 
        is amended by inserting a period after ``expended''.</DELETED>
        <DELETED>    (6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) 
        is amended--</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of 
                clause (iv),</DELETED>
                <DELETED>    (B) by moving clauses (v) and (vi) 2 ems 
                to the left,</DELETED>
                <DELETED>    (C) by striking ``; and'' in clauses (v) 
                and (vi) and inserting ``and for'',</DELETED>
                <DELETED>    (D) by striking the colons in clauses (v) 
                and (vi), and</DELETED>
                <DELETED>    (E) by striking the period at the end of 
                clause (v) and inserting ``; and''.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (f) Miscellaneous Changes in Other Acts.--</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by moving the indentation of 
                subsections (f) and (g) 2 ems to the left, 
                and</DELETED>
                <DELETED>    (B) in subsection (g), by striking ``(g)'' 
                and all that follows through ``shall'' and inserting 
                ``(g) Subsections (d) and (e) shall''.</DELETED>

                              <DELETED>Title VIII, Subtitle B</DELETED>

              Subtitle B--Guest Worker Visitation Program

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ``Temporary Agricultural Worker 
Amendments of 1996''.

SEC. 822. NEW NONIMMIGRANT H-2B CATEGORY FOR TEMPORARY AGRICULTURAL 
              WORKERS.

    (a) Establishment of New Classification.--Section 101(a)(15)(H)(ii) 
(8 U.S.C. 1101(a)(15)(H)(ii)) is amended by striking ``or (b)'' and 
inserting ``(b) having a residence in a foreign country which he has no 
intention of abandoning who is coming temporarily to the United States 
pursuant to section 218A to perform such agricultural labor or services 
of a temporary or seasonal nature, or (c)''.
    (b) No Family Members Permitted.--Section 101(a)(15)(H) (8 U.S.C. 
1101(a)(15)(H)) is amended by striking ``specified in this paragraph'' 
and inserting ``specified in this subparagraph (other than in clause 
(ii)(b))''.
    (c) Disqualification if Convicted of Ownership or Operation of a 
Motor Vehicle in United States Without Insurance.--Section 214 (8 
U.S.C. 1184) is amended by adding at the end the following:
    ``(l)(1) An alien may not be admitted (or provided status) as a 
temporary worker under section 101(a)(15)(H)(ii)(b) if the alien (after 
the date of the enactment of this subsection) has been convicted of 
owning (or knowingly operating) a motor vehicle in the United States 
without having liability insurance that meets applicable insurance 
requirements of the State in which the alien is employed or in which 
the vehicle is registered.
    ``(2) An alien who is admitted or provided status as such a worker 
who is so convicted shall be considered, on and after the date of the 
conviction and for purposes of section 241(a)(1)(C), to have failed to 
comply with a condition for the maintenance of status under section 
101(a)(15)(H)(ii)(b).''
    (d) Conforming Redesignation.--Subsections (c)(5)(A) and (g)(1)(B) 
of section 214 (8 U.S.C. 1184) are each amended by striking 
``101(a)(15)(H)(ii)(b)'' and inserting ``101(a)(15)(H)(ii)(c)''.

SEC. 823. ALTERNATIVE AGRICULTURAL TEMPORARY WORKER PROCESS USING 
              ATTESTATIONS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 218 the following:

          ``alternative agricultural temporary worker program

    ``Sec. 218A. (a) Condition for the Employment of H-2B Aliens.--
            ``(1) In general.--No alien may be admitted or provided 
        status as an H-2B alien (as defined in subsection (n)(4)) 
        unless--
                    ``(A) the employment of the alien is covered by a 
                currently valid labor condition attestation which--
                            ``(i) is filed by the employer, or by an 
                        association on behalf of the employer, for the 
                        occupation in which the alien will be employed;
                            ``(ii) has been accepted by the qualified 
                        State employment security agency having 
                        jurisdiction over the area of intended 
                        employment; and
                            ``(iii) states each of the items described 
                        in paragraph (2) and includes information 
                        identifying the employer or association and 
                        agricultural job opportunities involved; and
                    ``(B) the employer is not disqualified from 
                employing H-2B aliens pursuant to subsection (g).
            ``(2) Contents of labor condition attestation.--Each labor 
        condition attestation filed by or on behalf of, an employer 
        shall include the following:
                    ``(A) Wage rate.--The employer will pay H-2B aliens 
                and all other workers in the occupation not less than 
                the prevailing wage for similarly employed workers in 
                the area of employment, and not less than the 
                applicable Federal, State or local statutory minimum 
                wage.
                    ``(B) Working conditions.--The employment of H-2B 
                aliens will not adversely affect the working conditions 
                with respect to housing and transportation of similarly 
                employed workers in the area of employment.
                    ``(C) Limitation on employment.--An H-2B alien will 
                not be employed in any job opportunity which is not 
                temporary or seasonal, and will not be employed by the 
                employer in any job opportunity for more than 10 months 
                in any 12-consecutive-month period.
                    ``(D) No labor dispute.--No H-2B alien will be 
                employed in any job opportunity which is vacant because 
                its former occupant is involved in a strike, lockout or 
                work stoppage in the course of a labor dispute in the 
                occupation at the place of employment.
                    ``(E) Notice.--The employer, at the time of filing 
                the attestation, has provided notice of the attestation 
                to workers employed in the occupation in which H-2B 
                aliens will be employed.
                     ``(F) Job orders.--The employer will file one or 
                more job orders for the occupation (or occupations) 
                covered by the attestation with the qualified State 
                employment security agency no later than the day on 
                which the employer first employs any H-2B aliens in the 
                occupation.
                    ``(G) Preference to domestic workers.--The employer 
                will give preference to able, willing and qualified 
                United States workers who apply to the employer and are 
                available at the time and place needed, for the first 
                25 days after the filing of the job order in an 
                occupation or until 5 days before the date employment 
                of workers in the occupation begins, whichever occurs 
                later.
            ``(3) Establishment as pilot program; restriction of 
        admissions to pilot program period.--
                    ``(A) In general.--The program under this section 
                is deemed to be a pilot program and no alien may be 
                admitted or provided status as an H-2B alien under this 
                section except during the pilot program period 
                specified in subparagraph (B).
                    ``(B) Pilot program period.--
                            ``(i) In general.--Subject to clause (ii), 
                        the pilot program period under this 
                        subparagraph is the period (ending on October 
                        1, 1999) during which the employment 
                        eligibility verification system is in effect 
                        under section 274A(b)(7) (as amended by the 
                        Immigration in the National Interest Act of 
                        1995).
                            ``(ii) Consideration of extension.--If 
                        Congress extends such verification system, 
                        Congress shall also extend the pilot program 
                        period under this subparagraph for the same 
                        period of time.
                    ``(C) Annual reports.--The Comptroller General 
                shall submit to Congress annual reports on the 
                operation of the pilot program under this section 
                during the pilot program period. Such reports shall 
                include an assessment of the program and of the need 
                for foreign workers to perform temporary agricultural 
                employment in the United States.
            ``(4) Limitations on number of visas.--
                    ``(A) In general.--In no case may the number of 
                aliens who are admitted or provided status as an H-2B 
                alien in a fiscal year exceed the numerical limitation 
                specified under subparagraph (B) for that fiscal year.
                    ``(B) Numerical limitation.--The numerical 
                limitation specified in this subparagraph for--
                            ``(i) the first fiscal year in which this 
                        section is applied is 250,000; and
                            ``(ii) any subsequent fiscal year is the 
                        numerical limitation specified in this 
                        subparagraph for the previous fiscal year 
                        decreased by 25,000.
    ``(b) Filing a Labor Condition Attestation.--
            ``(1) Filing by employers--Any employer in the United 
        States is eligible to file a labor condition attestation.
            ``(2) Filing by associations on behalf of employer 
        members.--An agricultural association may file a labor 
        condition attestation as an agent on behalf of its members. 
        Such an attestation filed by an agricultural association acting 
        as an agent for its members, when accepted, shall apply to 
        those employer members of the association that the association 
        certifies to the qualified State employment security agency are 
        members of the association and have agreed in writing to comply 
        with the requirements of this section.
            ``(3) Period of validity.--A labor condition attestation is 
        valid from the date on which it is accepted by the qualified 
        State employment security agency for the period of time 
        requested by the employer, but not to exceed 12 months.
            ``(4) Where to file.--A labor condition attestation shall 
        be filed with such agency having jurisdiction over the area of 
        intended employment of the workers covered by the attestation. 
        If an employer, or the members of an association of employers, 
        will be employing workers in an area or areas covered by more 
        than one such agency, the attestation shall be filed with each 
        such agency having jurisdiction over an area where the workers 
        will be employed.
            ``(5) Deadline for filing.--An employer may file a labor 
        condition attestation at any time up to 12 months prior to the 
        date of the employer's anticipated need for workers in the 
        occupation (or occupations) covered by the attestation.
            ``(6) Filing for multiple occupations.--A labor condition 
        attestation may be filed for one or more occupations and cover 
        one or more periods of employment.
            ``(7) Maintaining required documentation.--
                    ``(A) By employers.--Each employer covered by an 
                accepted labor condition attestation must maintain a 
                file of the documentation required in subsection (c) 
                for each occupation included in an accepted attestation 
                covering the employer. The documentation shall be 
                retained for a period of one year following the 
                expiration of an accepted attestation. The employer 
                shall make the documentation available to 
                representatives of the Secretary during normal business 
                hours.
                    ``(B) By associations.--In complying with 
                subparagraph (A), documentation maintained by an 
                association filing a labor condition attestation on 
                behalf of an employer shall be deemed to be maintained 
                by the employer.
            ``(8) Withdrawal.--
                    ``(A) Compliance with attestation obligations.--An 
                employer covered by an accepted labor condition 
                attestation for an occupation shall comply with the 
                terms and conditions of the attestation from the date 
                the attestation is accepted and continuing throughout 
                the period any persons are employed in an occupation 
                covered by such an accepted attestation, whether or not 
                H-2B aliens are employed in the occupation, unless the 
                attestation is withdrawn.
                    ``(B) Termination of obligations.--An employer may 
                withdraw a labor condition attestation in total, or 
                with respect to a particular occupation covered by the 
                attestation. An association may withdraw such an 
                attestation with respect to one or more of its members. 
                To withdraw an attestation the employer or association 
                must notify in writing the qualified State employment 
                security agency office with which the attestation was 
                filed of the withdrawal of the attestation. An employer 
                who withdraws an attestation, or on whose behalf an 
                attestation is withdrawn by an association, is relieved 
                of the obligations undertaken in the attestation with 
                respect to the occupation (or occupations) with respect 
                to which the attestation was withdrawn, upon 
                acknowledgement by the appropriate qualified State 
                employment security agency of receipt of the withdrawal 
                notice. An attestation may not be withdrawn with 
                respect to any occupation while any H-2B aliens covered 
                by that attestation are employed in the occupation.
                    ``(C) Obligations under other statutes.--Any 
                obligation incurred by the employer under any other law 
                or regulation as a result of recruitment of United 
                States workers under an offer of terms and conditions 
                of employment required by the H-2B program is 
                unaffected by withdrawal of a labor condition 
                attestation.
    ``(c) Employer Responsibilities and Requirements For Employing H-2B 
Nonimmigrants.--
            ``(1) Requirement to pay the prevailing wage.--
                    ``(A) Effect of the attestation.--Employers shall 
                pay each worker in an occupation covered by an accepted 
                labor condition attestation at least the prevailing 
                wage in the occupation in the area of intended 
                employment. The preceding sentence does not require 
                employers to pay all workers in the occupation the same 
                wage. The employer may, in the sole discretion of the 
                employer, maintain pay differentials based on 
                experience, tenure with the employer, skill, or any 
                other work-related factor, if the differential is not 
                based on a criterion for which discrimination is 
                prohibited by the law and all workers in the covered 
                occupation receive at least the prevailing wage.
                    ``(B) Payment of qualified state employment 
                security agency determined wage sufficient.--The 
                employer may request and obtain a prevailing wage 
                determination from the qualified State employment 
                security agency. If the employer requests such a 
                determination, and pays the wage determined, such 
                payment shall be considered sufficient to meet the 
                requirement of this paragraph if the H-2B workers--
                            ``(i) are employed in the occupation for 
                        which the employer possesses an accepted labor 
                        condition attestation, and for which the 
                        employer or association possesses a prevailing 
                        wage determination by the qualified State 
                        employment security agency, and
                            ``(ii) are being paid at least the 
                        prevailing wage so determined.
                    ``(C) Reliance on wage survey.--In lieu of the 
                procedures of subparagraph (B), an employer may rely on 
                other information, such as an employer generated 
                prevailing wage survey and determination, which meets 
                criteria specified by the Secretary by regulation. In 
                the event of a complaint that the employer has failed 
                to pay the required wage, the Secretary shall 
                investigate to determine if the information upon which 
                the employer relied complied with the criteria for 
                prevailing wage determinations.
                    ``(D) Alternate methods of payment permitted.--
                            ``(i) In general.--A prevailing wage may be 
                        expressed as an hourly wage, a piece rate, a 
                        task rate (described in clause (ii)), or other 
                        incentive pay system, including a group rate 
                        (described in clause (iii)). The requirement to 
                        pay at least the prevailing wage in the 
                        occupation and area of intended employment does 
                        not require an employer to pay by the method of 
                        pay in which the prevailing rate is expressed. 
                        However, if the employer adopts a method of pay 
                        other than the prevailing rate, the burden of 
                        proof is on the employer to demonstrate that 
                        the employer's method of pay is designed to 
                        produce earnings equivalent to the earnings 
                        that would result from payment of the 
                        prevailing rate.
                            ``(ii) Task rate.--For purposes of this 
                        subparagraph, a task rate is an incentive 
                        payment based on a unit of work performed such 
                        that the incentive rate varies with the level 
                        of effort required to perform individual units 
                        of work.
                            ``(iii) Group rate.--For purposes of this 
                        subparagraph, a group rate is an incentive 
                        payment system in which the payment is shared 
                        among a group of workers working together to 
                        perform the task.
                    ``(E) Required documentation.--The employer or 
                association shall document compliance with this 
                paragraph by retaining on file the employer or 
                association's request for a determination by a 
                qualified State employment security agency and the 
                prevailing wage determination received from such agency 
                or other information upon which the employer or 
                association relied to assure compliance with the 
                prevailing wage requirement.
            ``(2) Requirement to provide housing and transportation.--
                    ``(A) Effect of the attestation.--The employment of 
                H-2B aliens shall not adversely affect the working 
                conditions of United States workers similarly employed 
                in the area of intended employment. The employer's 
                obligation not to adversely affect working conditions 
                shall continue for the duration of the period of 
                employment by the employer of any H-2B aliens in the 
                occupation and area of intended employment. An employer 
                will be deemed to be in compliance with this 
                attestation if the employer offers at least the 
                benefits required by subparagraphs (B) through (D). The 
                previous sentence does not require an employer to offer 
more than such benefits.
                    ``(B) Housing required.--
                            ``(i) Housing offer.--The employer must 
                        offer to H-2B aliens and United States workers 
                        recruited from beyond normal recruiting 
                        distance housing, or a housing allowance, if it 
                        is prevailing practice in the occupation and 
                        area of intended employment to offer housing or 
                        a housing allowance to workers who are 
                        recruited from beyond normal commuting 
                        distance.
                            ``(ii) Housing standards.--If the employer 
                        offers housing to such workers, the housing 
                        shall meet (at the option of the employer) 
                        applicable Federal farm labor housing standards 
                        or applicable local or State standards for 
                        rental, public accommodation, or other 
                        substantially similar class of habitation.
                            ``(iii) Charges for housing.--An employer 
                        who offers housing to such workers may charge 
                        an amount equal to the fair market value (but 
                        not greater than the employer's actual cost) 
                        for utilities and maintenance, or such lesser 
                        amount as permitted by law.
                            ``(iv) Housing allowance as alternative.--
                        In lieu of offering housing to such workers, at 
                        the employer's sole discretion on an individual 
                        basis, the employer may provide a reasonable 
                        housing allowance. An employer who offers a 
                        housing allowance to such a worker under this 
                        subparagraph shall not be deemed to be a 
                        housing provider under section 203 of the 
                        Migrant and Seasonal Agricultural Worker 
                        Protection Act (29 U.S.C. 1823) merely by 
                        virtue of providing such housing allowance.
                            ``(v) Security deposit.--The requirement, 
                        if any, to offer housing to such a worker under 
                        this subparagraph shall not preclude an 
                        employer from requiring a reasonable deposit to 
                        protect against gross negligence or willful 
                        destruction of property, as a condition for 
                        providing such housing.
                            ``(vi) Damages.--An employer who offers 
                        housing to such a worker shall not be precluded 
                        from requiring a worker found to have been 
                        responsible for damage to such housing which is 
                        not the result of normal wear and tear related 
                        to habitation to reimburse the employer for the 
                        reasonable cost of repair of such damage.
                    ``(C) Transportation.--If the employer provides 
                transportation arrangements or assistance to H-2B 
                aliens, the employer must offer to provide the same 
                transportation arrangements or assistance (generally 
                comparable in expense and scope) for other individuals 
                employed by the employer in the occupation at the place 
                of employment who were recruited from beyond normal 
                commuting distance.
                    ``(D) Workers' compensation.--If the employment 
                covered by a labor condition attestation is not covered 
                by the State workers' compensation law, the employer 
                must provide, at no cost to the worker, insurance 
                covering injury and disease arising out of and in the 
                course of the workers' employment which will provide 
                benefits at least equal to those provided under the 
                State workers' compensation law for comparable 
                employment.
                    ``(E) Required documentation.--
                            ``(i) Housing and transportation.--No 
                        specific documentation is required to be 
                        maintained to evidence compliance with the 
                        requirements of subparagraphs (B) and (C). In 
                        the event of a complaint alleging a failure to 
                        comply with such a requirement, the burden of 
                        proof shall be on the employer to show that the 
                        employer offered the required benefit to the 
                        complainant, or that the employer was not 
                        required by the terms of this paragraph to 
                        offer such benefit to the complainant.
                            ``(ii) Workers' compensation.--The employer 
                        shall maintain copies of certificates of 
                        insurance evidencing compliance with 
                        subparagraph (D) throughout the period of 
                        validity of the labor condition attestation.
            ``(3) Requirement to employ aliens in temporary or seasonal 
        agricultural job opportunities.--
                    ``(A) Limitations.--
                            ``(i) In general.--The employer may employ 
                        H-2B aliens only in agricultural employment 
                        which is temporary or seasonal.
                            ``(ii) Seasonal basis.--For purposes of 
                        this section, labor is performed on a seasonal 
                        basis where, ordinarily, the employment 
                        pertains to or is of the kind exclusively 
                        performed at certain seasons or periods of the 
                        year and which, from its nature, may not be 
                        continuous or carried on throughout the year.
                            ``(iii) Temporary basis.--For purposes of 
                        this section, a worker is employed on a 
                        temporary basis where the employment is 
                        intended not to exceed 10 months.
                    ``(B) Required documentation.--No specific 
                documentation is required to demonstrate compliance 
                with the requirement of subparagraph (A). In the event 
                of a complaint, the burden of proof shall fall on the 
                employer to show that the employment meets such 
                requirement.
            ``(4) Requirement not to employ aliens in job opportunities 
        vacant because of a labor dispute.--
                    ``(A) In general.--No H-2B alien may be employed in 
                any job opportunity which is vacant because its former 
                occupant is involved in a strike, lockout, or work 
                stoppage in the course of a labor dispute in the 
                occupation at the place of employment.
                    ``(B) Required documentation.--No specific 
                documentation is required to demonstrate compliance 
                with the requirement of subparagraph (A). In the event 
                of a complaint, the burden of proof shall fall on the 
                employer to show that the job opportunity in which the 
                H-2B alien was employed was not vacant because the 
                former occupant was on strike, locked out, or 
                participating in a work stoppage in the course of a 
                labor dispute in the occupation at the place of 
                employment.
            ``(5) Notice of filing of attestation and supporting 
        documentation.--
                    ``(A) In general.--The employer shall--
                            ``(i) provide notice of the filing of a 
                        labor condition attestation to the appropriate 
                        certified bargaining agent (if any) which 
                        represents workers of the employer in the 
                        occupation (or occupations) at the place of 
                        employment covered by the attestation; or
                            ``(ii) in the case where no appropriate 
                        bargaining agent exists, post notice of the 
                        filing of such an attestation in at least two 
                        conspicuous locations where applications for 
                        employment are accepted.
                    ``(B) Period for posting.--The requirement for a 
                posting under subparagraph (A)(ii) begins on the day 
                the attestation is filed, and continues through the 
                period during which the employer's job order is 
                required to remain active pursuant to paragraph (6)(A).
                    ``(C) Required documentation.--The employer shall 
                maintain a copy of the notice provided to the 
                bargaining agent (if any), together with evidence that 
                the notice was provided (such as a signed receipt of 
                evidence of attempt to send the notice by certified or 
                registered mail). In the case where no appropriate 
                certified bargaining agent exists, the employer shall 
                retain a copy of the posted notice, together with 
                information as to the dates and locations where the 
                notice was displayed.
            ``(6) Requirement to file a job order.--
                    ``(A) Effect of the attestation.--The employer, or 
                an association acting as agent for its members, shall 
                file the information necessary to complete a local job 
                order for each occupation covered by an accepted labor 
                condition attestation with the appropriate local office 
                of the qualified State employment security agency 
                having jurisdiction over the area of intended 
                employment, or with the State office of such an agency 
                if workers will be employed in an area within the 
                jurisdiction of more than one local office of such an 
                agency. The job orders shall remain on file for 25 
                calendar days or until 5 calendar days before the 
                anticipated date of need for workers in the occupation 
                covered by the job order, whichever occurs later. The 
                job order shall provide at least the minimum terms and 
                conditions of employment required for participation in 
                the H-2B program.
                    ``(B) Deadline for filing.--A job order shall be 
                filed under subparagraph (A) no later than the date on 
                which the employer files a petition with the Attorney 
                General for admission or extension of stay for aliens 
                to be employed in the occupation for which the order is 
                filed.
                    ``(C) Required documentation.--The office of the 
                qualified State employment security agency which the 
                employer or association provides with information 
                necessary to file a local job order shall provide the 
                employer with evidence that the information was 
                provided in a timely manner as required by this 
                paragraph, and the employer or association shall retain 
                such evidence for each occupation in which H-2B aliens 
                are employed.
            ``(7) Requirement to give preference to qualified united 
        states workers.--
                    ``(A) Filing 30 days or more before date of need.--
                If a job order is filed 30 days or more before the 
                anticipated date of need for workers in an occupation 
                covered by a labor condition attestation and for which 
                the job order has been filed, the employer shall offer 
                to employ able, willing, and qualified United States 
                workers who apply to the employer and who will be 
                available at the time and place needed for the job 
                opportunities covered by the attestation until 5 
                calendar days before the anticipated date of need for 
                workers in the occupation, or until the employer's job 
                opportunities in the occupation are filled with 
                qualified United States workers, if that occurs more 
than 5 days before the anticipated date of need for workers in the 
occupation.
                    ``(B) Filling fewer than 30 days before date of 
                need.--If a job order is filed fewer than 30 days 
                before the anticipated date of need for workers in an 
                occupation covered by such an attestation and for which 
                a job order has been filed, the employer shall offer to 
                employ able, willing, and qualified United States 
                workers who are or will be available at the time and 
                place needed during the first 25 days after the job 
                order is filed or until the employer's job 
                opportunities in the occupation are filled with United 
                States workers, regardless of whether any of the job 
                opportunities may already be occupied by H-2B aliens.
                    ``(C) Filing vacancies.--An employer may fill a job 
                opportunity in an occupation covered by an accepted 
                attestation which remains or becomes vacant after 
                expiration of the required preference period specified 
                in subparagraph (A) or (B) of paragraph (6) without 
                regard to such preference.
                    ``(D) Job-related requirements.--No employer shall 
                be required to initially employ a worker who fails to 
                meet lawful job-related employment criteria, nor to 
                continue the employment of a worker who fails to meet 
                lawful job-related standards of conduct and 
                performance, including failure to meet minimum 
                productivity standards after a 3-day break-in period.
                    ``(E) Required documentation.--No specific 
                documentation is required to demonstrate compliance 
                with the requirements of this paragraph. In the event 
                of a complaint, the burden of proof shall be on the 
                complainant to show that the complainant applied for 
                the job and was available at the time and place needed. 
                If the complainant makes such a showing, the burden of 
                proof shall be on the employer to show that the 
                complainant was not qualified or that the preference 
                period had expired.
            ``(8) Requirements of notice of certain breaks in 
        employment.--
                    ``(A) In general.--The employer (or an association 
                in relation to an H-2B alien) shall notify the Service 
                within 7 days if an H-2B alien prematurely abandons the 
                alien's employment.
                    ``(B) Out-of-status.--An H-2B alien who abandons 
                the alien's employment shall be considered to have 
                failed to maintain nonimmigrant status as an alien 
                described in section 101(a)(15)(H)(ii)(b) and shall 
                leave the United States or be subject to deportation 
                under section 241(a)(1)(C)(i).
     ``(d) Acceptance by Qualified State Employment Security Agency.--
The qualified State employment security agency shall review labor 
condition attestations submitted by employers or associations only for 
completeness and obvious inaccuracies. Unless such an agency finds that 
the application is incomplete or obviously inaccurate, the agency shall 
accept the attestation within 7 days of the date of filing of the 
attestation, and return a copy to the applicant marked `accepted'.
    ``(e) Public Registry.--The Secretary shall maintain a registry of 
all accepted labor condition attestations and make such registry 
available for public inspection.
    ``(f) Responsibilities of the Qualified State Employment Security 
Agencies.--
            ``(1) Dissemination of labor market information.--The 
        Secretary shall direct qualified State employment security 
        agencies to disseminate nonemployer-specific information about 
        potential labor needs based on accepted attestations filed by 
        employers. Such dissemination shall be separate from the 
        clearance of job orders through the Interstate and Intrastate 
        Clearance Systems, and shall create no obligations for 
        employers except as provided in this section.
            ``(2) Referral of workers on qualified state employment 
        security agency job orders.--Such agencies holding job orders 
        filed by employers covered by approved labor condition 
        attestations shall be authorized to refer any able, willing, 
        and qualified eligible job applicant who will be available at 
        the time and place needed and who is authorized to work in the 
        united States, including H-2B aliens who are seeking additional 
        work in the United States and whose eligibility to remain in 
        the United States pursuant to subsection (h) has not expired, 
        on job orders filed by holders of accepted attestations.
    ``(g) Enforcement and Penalties.--
            ``(1) Enforcement authority.--
                    ``(A) Investigation of complaints.--The Secretary 
                shall establish a process for the receipt, 
                investigation, and disposition of complaints respecting 
                an employer's failure to meet a condition specified in 
                subsection (a) or an employer's misrepresentation of 
                material facts in such an application. Complaints may 
                be filed by any aggrieved person or organizations 
                (including bargaining representatives). No 
                investigation or hearing shall be conducted on a 
                complaint concerning such a failure or 
                misrepresentation unless the complaint was filed not 
                later than 12 months after the date of the failure or 
                misrepresentation, respectively. The Secretary shall 
                conduct an investigation under this subparagraph if 
                there is reasonable cause to believe that such a 
                failure or misrepresentation has occurred.
                    ``(B) Written notice of findings and opportunity 
                for appeal.--After an investigation has been conducted, 
                the Secretary shall issue a written determination as to 
                whether or not any violation described in paragraph (2) 
                has been committed. The Secretary's determination shall 
                be served on the complainant and the employer, and 
                shall provide an opportunity for an appeal of the 
                Secretary's decision to an administrative law judge, 
                who may conduct a de novo hearing.
            ``(2) Remedies.--
                    ``(A) Back wages.--Upon a final determination that 
                the employer has failed to pay wages as required under 
                this section, the Secretary may assess payment of back 
                wages due to any United States worker or H-2B alien 
                employed by the employer in the specific employment in 
                question. The back wages shall be equal to the 
                difference between the amount that should have been 
                paid and the amount that actually was paid to such 
                worker.
                    ``(B) Failure to pay wages.--Upon a final 
                determination that the employer has failed to pay the 
                wages required under this section, the Secretary may 
                assess a civil money penalty up to $1,000 for each 
                failure, and may recommend to the Attorney General the 
                disqualification of the employer from the employment of 
                H-2B aliens for a period of time determined by the 
                Secretary not to exceed 1 year.
                    ``(C) Other violations.--If the Secretary, as a 
                result of an investigation pursuant to a complaint, 
                determines that an employer covered by an accepted 
                labor condition attestation has--
                            ``(i) filed an attestation which 
                        misrepresents a material fact; or
                            ``(ii) failed to meet a condition specified 
                        in subsection (a),
                the Secretary may assess a civil money penalty not to 
                exceed $1,000 for each violation. In determining the 
                amount of civil money penalty to be assessed, the 
                Secretary shall consider the seriousness of the 
                violation, the good faith of the employer, the size of 
                the business of the employer being charged, the history 
                of previous violations by the employer, whether the 
                employer obtained a financial gain from the violation, 
                whether the violation was willful, and other relevant 
                factors.
                    ``(D) Program disqualification.--
                            ``(i) 3-years for second violation.--Upon a 
                        second final determination that an employer has 
                        failed to pay the wages required under this 
                        section, the Secretary shall report such 
                        determination to the Attorney General and the 
                        Attorney General shall disqualify the employer 
                        from the employment of H-2B aliens for a period 
                        of 3 years.
                            ``(ii) Permanent for third violation.--Upon 
                        a third final determination that an employer 
                        has failed to pay the wages required under this 
                        section, the Secretary shall report such 
                        determination to the Attorney General and the 
                        Attorney General shall disqualify the employer 
                        from any subsequent employment of H-2B aliens.
            ``(3) Role of associations.--
                    ``(A) Violation by a member of an association.--An 
                employer on whose behalf a labor condition attestation 
                is filed by an association acting as its agent is fully 
                responsible for such attestation, and for complying 
                with the terms and conditions of this section, as 
                though the employer had filed the attestation itself. 
                If such an employer is determined to have violated a 
                requirement of this section, the penalty for such 
                violation shall be assessed against the employer who 
                committed the violation and not against the association 
                or other members of the association.
                    ``(B) Violation by an association acting as an 
                employer.--If an association filing a labor condition 
                attestation on its own behalf as an employer is 
                determined to have committed a violation under this 
                subsection which results in disqualification from the 
                program under paragraph (2)(D), no individual member of 
                such association may be the beneficiary of the services 
                of an H-2B alien in an occupation in which such alien 
                was employed by the association during the period such 
                disqualification is in effect, unless such member files 
                a labor condition attestation as an individual employer 
                or such an attestation is filed on the employer's 
                behalf by an association with which the employer has an 
                agreement that the employer will comply with the 
                requirements of this section.
    ``(h) Procedure for Admission or Extension of H-2B Aliens.--
            ``(1) Aliens who are outside the united states.--
                    ``(A) Petitioning for admission.--An employer or an 
                association acting as agent for its members who seeks 
                the admission into the United States of H-2B aliens may 
                file a petition with the District Director of the 
                Service having jurisdiction over the location where the 
                aliens will be employed. The petition shall be 
                accompanied by an accepted and currently valid labor 
                condition attestation covering the petitioner. The 
                petition may be for named or unnamed individual or 
                multiple beneficiaries.
                    ``(B) Expedited adjudication by district 
                director.--If an employer's petition for admission of 
                H-2B aliens is correctly filled out, and the employer 
                is not ineligible to employ H-2B aliens, the District 
                Director (or the Director's designee) shall approve the 
                petition within 3 working days of receipt of the 
                petition and accepted labor condition attestation and 
                immediately (by fax, cable, or other means assuring 
                expedited delivery) transmit a copy of the approved 
                petition to the petitioner and to the appropriate 
                immigration officer at the port of entry or United 
                States consulate (as the case may be) where the 
                petitioner has indicated that the alien beneficiary (or 
                beneficiaries) will apply for a visa or admission to 
                the United States.
                    ``(C) Unnamed beneficiaries selected by 
                petitioner.--The petitioning employer or association or 
                its representative shall approve the issuance of visas 
                to beneficiaries who are unnamed on a petition for 
                admission granted to the employer or association.
                    ``(D) Criteria for admissibility.--
                            ``(i) In general.--An alien shall be 
                        admissible under this section if the alien is 
                        otherwise admissible under this Act and the 
                        alien is not debarred pursuant to the 
                        provisions of clause (ii).
                            ``(ii) Disqualification.--An alien shall be 
                        debarred from admission or being provided 
                        status as an H-2B alien under this section if 
                        the alien has, at any time--
                                    ``(I) violated a material provision 
                                of this section, including the 
                                requirement to promptly depart the 
                                United States when the alien's 
                                authorized period of admission under 
                                this section has expired; or
                                     ``(II) has otherwise violated a 
                                term or condition of admission to the 
                                United States as a nonimmigrant, 
                                including overstaying the period of 
                                authorized admission as such a 
                                nonimmigrant.
                    ``(E) Period of admission.--The alien shall be 
                admitted for the period requested by the petitioner not 
                to exceed 10 months, or the remaining validity period 
                of the petitioner's approved labor condition 
                attestation, whichever is shorter, plus an additional 
                period of 14 days, during which the alien shall seek 
                authorized employment in the United States. During the 
                14-day period following the expiration of the alien's 
                work authorization, the alien is not authorized to be 
                employed unless the original petitioner or a subsequent 
                petitioner has filed an extension of stay on behalf of 
                the alien.
                    ``(F) Issuance of identification and employment 
                eligibility document.--
                            ``(i) In general.--The Attorney General 
                        shall cause to be issued to each H-2B alien a 
                        card in a form which is resistant to 
                        counterfeiting and tampering for the purpose of 
                        providing proof of identity and employment 
                        eligibility under section 274A.
                            ``(ii) Design of card.--Each card issued 
                        pursuant to clause (i) shall be designed in 
                        such a manner and contain a photograph and 
                        other identifying information (such as date of 
                        birth, sex, and distinguishing marks) that 
                        would allow an employer to determine with 
                        reasonable certainty that the bearer is not 
                        claiming the identity of another individual, 
                        and shall--
                                    ``(I) contain a fingerprint or 
                                other biometric identifying data (or 
                                both);
                                    ``(II) specify the date of the 
                                aliens authorization as an H-2B alien;
                                    ``(III) specify the expiration date 
                                of the alien's work authorization; and
                                    ``(IV) specify the alien's 
                                admission number or alien file number.
            ``(2) Extension of stay.--
                    ``(A) Application for extension of stay.--If a 
                petitioner seeks to employ an H-2B alien already in the 
                United States, the petitioner shall file an application 
                for an extension of stay. The application for extension 
                of stay shall be accompanied by a currently valid labor 
                condition attestation.
                    ``(B) Limitation on filing an application for 
                extension of stay.--An application may not be filed for 
                an extension of an alien's stay for a period of more 
                than 10 months, or later than a date which is 2 years 
                from the date of the alien's last admission to the 
                United States as a H-2B alien, whichever occurs first. 
                An application for extension of stay may not be filed 
                during the pendency of an alien's previous authorized 
                period of admission, nor after the alien's authorized 
                stay in the United States has expired.
                    ``(C) Work authorization upon filing an application 
                for extension of stay.--An employer may begin employing 
                an alien already in the United States in H-2B status on 
                the day the employer files its application for 
                extension of stay with the Service. For the purpose of 
                this requirement, the term `filing' means sending the 
                application by certified mail via the United States 
                Postal Service, return receipt requested, or delivered 
                by guaranteed commercial delivery which will provide 
                the employer with a documented acknowledgment of 
                receipt of the application. The employer shall provide 
                a copy of the employer's application for extension of 
                stay to the alien, who shall keep the application with 
                the alien's identification and employment eligibility 
                card as evidence that the extension has been filed and 
                that the alien is authorized to work in the United 
                States. Upon approval of an application for extension 
                of stay, the Service shall provide a new employment 
                document to the alien indicating a new validity date, 
                after which the alien is not required to retain a copy 
                of the application for extension of stay.
                    ``(D) Limitation on employment authorization of h-
                2b aliens without valid identification and employment 
                eligibility card.--An expired identification and 
                employment eligibility card, together with a copy of an 
                application for extension of stay, shall constitute a 
                valid work authorization document for a period of not 
                more than 60 days from the date of application for the 
                extension of stay, after which time only a currently 
                valid identification and employment eligibility card 
                shall be acceptable.
            ``(3) Limitation on an individual's stay in h-2b status.--
        An alien having status as an H-2B alien may not have the status 
        extended for a continuous period longer than 2 years unless the 
        alien remains outside the United States for an uninterrupted 
        period of 6 months. An absence from the United States may break 
        the continuity of the period for which an H-2B visa is valid. 
        If the alien has resided in the United States 10 months or 
        less, an absence breaks the continuity of the period if it 
        lasts for at least 2 months. If the alien has resided in the 
        United States 10 months or more, an absence breaks the 
        continuity of the period if it lasts for at least one-fifth the 
        duration of the stay.
    ``(i) Trust Fund to Assure Worker Return.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of providing a monetary 
        incentive for H-2B aliens to return to their country of origin 
        upon expiration of their visas under this section.
            ``(2) Withholding of wages; payment into the trust fund.--
                    ``(A) In general.--Employers of H-2B aliens shall--
                            ``(i) withhold from the wages of their H-2B 
                        alien workers an amount equivalent to 25 
                        percent of the wages of each H-2B alien worker 
                        and pay such withheld amount into the Trust 
                        Fund in accordance with paragraph (3); and
                            ``(ii) pay to the Trust Fund an amount 
                        equivalent to the Federal tax on the wages paid 
                        to H-2B aliens that the employer would be 
                        obligated to pay under the Federal Unemployment 
                        Tax Act and the Federal Insurance Contributions 
                        Act.
                Amounts withheld under clause (i) shall be maintained 
                in such interest bearing account with such a financial 
                institution as the Attorney General shall specify.
            ``(3) Distribution of funds.--The amounts paid into the 
        Trust Fund and held pursuant to paragraph (2)(A)(i), and 
        interest earned thereon, shall be paid by the Attorney General 
        as follows:
                    ``(A) Reimbursement of emergency medical 
                expenses.--To reimburse valid claims for reimbursement 
                of emergency medical services furnished to H-2B aliens, 
                to the extent that sufficient funds are not available 
                on an annual basis from the Trust Fund pursuant to 
                paragraphs (2)(A)(ii) and (4)(B).
                    ``(B) Payments to workers.--Amounts paid into the 
                Trust Fund on behalf of a worker, and interest earned 
                thereon, less a pro rata reduction for any payments 
                made pursuant to subparagraph (A), shall be paid by the 
                Attorney General to the worker if--
                            ``(i) the worker applies to the Attorney 
                        General (or the designee of the Attorney 
                        General) for payment within 30 days of the 
                        expiration of the alien's last authorized stay 
                        in the United States as a H-2B alien;
                            ``(ii) in such application the worker 
                        establishes that the worker has complied with 
                        the terms and conditions of this section; and
                            ``(iii) in connection with the application, 
                        the worker tenders the identification and 
                        employment authorization card issued to the 
                        worker pursuant to subsection (h)(1)(F) and 
                        establishes that the worker is identified as 
                        the person to whom the card was issued based on 
                        the biometric identification information 
                        contained on the card.
            ``(4) Administrative expenses and emergency medical 
        expenses.--The amounts paid into the Trust Fund and held 
        pursuant to paragraph (2)(A)(ii), and interest earned thereon, 
        shall be paid by the Attorney General as follows:
                    ``(A) Administrative expenses.--First, to the 
                Attorney General, the Secretary of Labor, and the 
                Secretary of State in amounts equivalent to the 
                expenses incurred by such officials in the 
                administration of section 101(a)(15)(H)(ii)(b) and this 
                section.
                    ``(B) Reimbursement of emergency medical 
                services.--Any remaining amounts shall be available on 
                an annual basis to reimburse hospitals for emergency 
                medical services furnished to H-2B aliens as provided 
                in subsection (k)(2).
            ``(5) Regulations.--The Attorney General shall prescribe 
        regulations to carry out this subsection.
    ``(j) Investment of Trust Fund.--
            ``(1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest such portion of the Trust Fund as is 
        not, in the Secretary's judgement, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States or in obligations 
        guaranteed as to both principal and interest by the United 
        States. For such purpose, such obligations may be acquired--
                    ``(A) on original issue at the price; or
                    ``(B) by purchase of outstanding obligations at the 
                market price.
        The purposes for which obligations of the United States may be 
        issued under chapter 31 of title 31, United States Code, are 
        hereby extended to authorize the issuance at par of special 
        obligations exclusively to the Trust Fund. Such special 
        obligations shall bear interest at a rate equal to the average 
        rate of interest, computed as to the end of the calendar month 
        next preceding the date of such issue, borne by all marketable 
        interest-bearing obligations of the United States then forming 
        a part of the public debt, except that where such average rate 
        is not a multiple of one-eighth of 1 percent next lower than 
        such average rate. Such special obligations shall be issued 
        only if the Secretary of the Treasury determines that the 
        purchase of other interest-bearing obligations of the United 
        States, or of obligations guaranteed as to both principal and 
        interest by the United States on original issue or at the 
        market price, is not in the public interest.
            ``(2) Sale of obligation.--Any obligation acquired by the 
        Trust Fund (except special obligations issued exclusively to 
        the Trust Fund) may be sold by the Secretary of the Treasury at 
        the market price, and such special obligations may be redeemed 
        at par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Trust Fund shall be credited to and form a part of the 
        Trust Fund.
            ``(4) Report to congress.--It shall be the duty of the 
        Secretary of the Treasury to hold the Trust Fund, and (after 
        consultation with the Attorney General) to report to the 
        Congress each year on the financial condition and the results 
        of the operations of the Trust Fund during the preceding fiscal 
        year and on its expected condition and operations during the 
        next fiscal year. Such report shall be printed as both a House 
        and a Senate document of the session of the Congress to which 
        the report is made.
    ``(k) Reimbursement of Cost of Emergency Medical Services.--
            ``(1) In general.--The Attorney General shall establish 
        procedures for reimbursement of hospitals operated by a State 
        or by a unit of local government (or corporation owned or 
        controlled by the State or unit) for the reasonable cost of 
        providing emergency medical services (as defined by the 
        Attorney General in consultation with the Secretary of Health 
        and Human Services) in the United States to H-2B aliens for 
        which payment has not been otherwise reimbursed.
            ``(2) Source of funds for reimbursement.--Funds for 
        reimbursement of hospitals pursuant to paragraph (1) shall be 
        drawn--
                    ``(A) first under subsection (i)(4)(B), from 
                amounts deposited in the Trust Fund under subsection 
                (i)(2)(A)(ii) after reimbursement of certain 
                administrative expenses; and
                    ``(B) then under subsection (i)(3)(A), to the 
                extent that funds described in subparagraph (A) are 
                insufficient to meet valid claims, from amounts 
                deposited in the Trust Fund under subsection 
                (i)(2)(A)(i).
    ``(l) Miscellaneous Provisions.--
            ``(1) Applicability of labor laws.--Except as provided in 
        paragraphs (2), (3), and (4), all Federal, State, and local 
        labor laws (including laws affecting migrant farm workers) 
        applicable to United States workers shall also apply to H-2B 
        aliens.
            ``(2) Limitation of written disclosure imposed upon 
        recruiters.--Any disclosure required of recruiters under 
        section 201(a) of the Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1821(a)) need not be given to H-2B 
        aliens prior to the time their visa is issued permitted entry 
        into the United States.
            ``(3) Exemption from fica and futa taxes.--The wages paid 
        to H-2B aliens shall be excluded from wages subject to taxation 
        under the Federal Unemployment Tax Act and under the Federal 
        Insurance Contributions Act.
            ``(4) Ineligibility for certain public benefits programs.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), any alien provided status as an H-2B alien shall 
                not be eligible for any Federal or State or local 
                means-tested public benefit program.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to the following:
                            ``(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.
    ``(m) Consultation on Regulations.--
            ``(1) Regulations of the secretary.--The Secretary shall 
        consult with the Secretary of Agriculture, and the Attorney 
        General shall approve, all regulations dealing with the 
        approval of labor condition attestations for H-2B aliens or 
        enforcement of the requirements for employing H-2B aliens under 
        an approved attestation.
            ``(2) Regulations of the attorney general.--The Attorney 
        General shall consult with the Secretary of Agriculture on all 
        regulations dealing with the approval of petitions for 
        admission or extension of stay of H-2B aliens or the 
        requirements for employing H-2B aliens or the enforcement of 
        such requirements.
    ``(n) Definitions.--For the purpose of this section:
            ``(1) Agricultural association.--The term `agricultural 
        association' means any nonprofit or cooperative association of 
        farmers, growers, or ranchers incorporated or qualified under 
        applicable State law, which recruits, solicits, hires, employs, 
        furnishes, or transports any agricultural workers.
            ``(2) Agricultural employment.--The term `agricultural 
        employment' means any service or activity included within the 
        provisions of section 3(f) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(f)) or section 3121(g) of the Internal 
        Revenue Code of 1986 and the handling, planting, drying, 
        packing, packaging, processing, freezing, or grading prior to 
        delivery for storage of any agricultural or horticultural 
        commodity in its unmanufactured state.
            ``(3) Employer.--The term `employer' means any person or 
        entity, including any independent contractor and any 
        agricultural association, that employs workers.
            ``(4) H-2B alien.--The term `H-2B alien' means an alien 
        admitted to the United States or provided status as a 
        nonimmigrant under section 101(a)(15)(H)(ii)(b).
            ``(5) Qualified state employment security agency.--The term 
        `qualified State employment security agency' means a State 
        employment security agency in a State in which the Secretary 
        has determined that the State operates a job service that 
        actively seeks to match agricultural workers with jobs and 
        participates in a multi-State job service program in States 
        where significant supplies of farm labor exist.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(7) United states worker.--The term `United States 
        worker' means any worker, whether a United States citizen, a 
        United States national, or an alien, who is legally permitted 
        to work in the job opportunity within the United States other 
        than aliens admitted pursuant to this section.''
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 218 the following new 
item:

``Sec. 218A. Alternative agricultural worker program.''.

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.
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 and for 
                            preparing immigration documents without 
                            authorization.
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.

                   Subtitle D--Additional Provisions

Sec. 351. Definition of conviction.
Sec. 352. Immigration judges and compensation.
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.
Sec. 364. Confidentiality provision for certain alien battered spouses 
                            and children.

        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. Unfair immigration-related employment practices.

              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. Worldwide numerical limitation on diversity immigrants.
Sec. 504. Establishment of numerical limitation on humanitarian 
                            immigrants.
Sec. 505. 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. Changes in diversity immigrant program.
Sec. 515. Authorization to require periodic confirmation of 
                            classification petitions.
Sec. 516. Changes in special immigrant status.
Sec. 517. Requirements for removal of conditional status of 
                            entrepreneurs.
Sec. 518. Adult disabled children.
Sec. 519. Miscellaneous conforming amendments.

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.
Sec. 522. Persecution for resistance to coercive population control 
                            methods.
Sec. 523. Parole available only on a case-by-case basis for 
                            humanitarian reasons or significant public 
                            benefit.
Sec. 524. Admission of humanitarian immigrants.

                       Subtitle D--Asylum Reform

Sec. 531. Asylum reform.
Sec. 532. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 533. Increased resources for reducing asylum application backlogs.

       Subtitle E--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.
Sec. 555. Authorization of reimbursement of petitioners for eliminated 
                            family-sponsored categories.

             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. Verification of student eligibility for postsecondary Federal 
                            student financial assistance.
Sec. 607. Payment of public assistance benefits.
Sec. 608. Definitions.
Sec. 609. 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

     Subtitle A--Amendments to the Immigration and Nationality Act

Sec. 801. Nonimmigrant status for spouses and children of members of 
                            the Armed Services.
Sec. 802. Amended definition of aggravated felony.
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. Change of nonimmigrant classification.

                      Subtitle B--Other Provisions

Sec. 831. Commission report on fraud associated with birth 
                            certificates.
Sec. 832. Uniform vital statistics.
Sec. 833. Communication between State and local government agencies, 
                            and the Immigration and Naturalization 
                            Service.
Sec. 834. Criminal alien reimbursement costs.
Sec. 835. Female genital mutilation.
Sec. 836. Designation of Portugal as a visa waiver pilot program 
                            country with probationary status.

                   Subtitle C--Technical Corrections

Sec. 851. Miscellaneous technical corrections.

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

                                                                Title I

               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 crossing of the borders of the United States measured 
        in each sector during the preceding fiscal year and reasonably 
        anticipated in the next fiscal year, and
            (2) be actively engaged in law enforcement activities 
        related to such illegal crossings.

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 
illegal crossings in areas of high illegal entry into the United 
States.
    (b) Construction of Fencing and Road Improvements in the Border 
Area Near San Diego, California.--
            (1) In general.--In carrying out subsection (a), the 
        Attorney General shall provide for the construction along the 
        14 miles of the international land border of the United States, 
        starting at the Pacific Ocean and extending eastward, of second 
        and third fences, in addition to the existing reinforced fence, 
        and for roads between the fences.
            (2) Prompt acquisition of necessary easements.--The 
        Attorney General 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) Forward Deployment.--
            (1) In general.--The Attorney General shall forward deploy 
        existing border patrol agents in those areas of the border 
        identified as areas of high illegal entry into the United 
        States in order to provide a uniform and visible deterrent to 
        illegal entry on a continuing basis.
            (2) Report.--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 
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 3 years 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 an alien who has been previously subject to a civil 
        penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to illegal entries or attempts to enter occurring on or after the 
first day of the sixth month beginning after the date of the enactment 
of this Act.

SEC. 106. 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)(1) of the Immigration and Nationality Act. The funds 
appropriated pursuant to this subsection are authorized to remain 
available until expended.

                       Subtitle B--Pilot Programs

                                                    Title I, Subtitle B

SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

    (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 illegal entries by 
aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple illegal entries into 
the United States.
    (b) Report.--Not later than 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 by 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 after 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, or as a visitor under the visa 
                waiver program under section 217 of the Immigration and 
                Nationality Act, for whom no matching departure record 
                has been obtained through the 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

                                                    Title I, Subtitle C

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 
adequate properly to investigate violations of, and to enforce, 
immigration laws.

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

                                                               Title II

 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 final 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 
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 were authorized to 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) 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); and''.
    (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 involves 
        100 or more documents;
            (2) not less than offense level 20 if the offense involves 
        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 
        involves--
                    (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 (described in section 
                1952(a) 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 AND FOR 
              PREPARING IMMIGRATION DOCUMENTS WITHOUT AUTHORIZATION.

    (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 a comma; and
            (3) by inserting after paragraph (5) the following new 
        paragraphs:
            ``(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, or
            ``(7) to prepare or assist in the preparation and 
        submission of immigration forms, petitions, and applications if 
        the person or entity is not authorized to represent aliens, or 
        to prepare or assist in the preparation and submission of such 
        forms, petitions, and applications pursuant to regulations 
        promulgated by the Attorney General.''; and
            (4) by adding at the end the following:
``The Attorney General may, in the discretion of the Attorney General, 
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 the person 
        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; or
    ``(f) Whoever knowingly makes any false statement or claim that he 
is a citizen of the United States in order to register to vote or to 
vote in any Federal, State, or local election (including an initiative, 
recall, or referen- dum)--''.

      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

                                                              Title III

        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.--
        Aliens who enter illegally or who overstay the period of 
        authorized admission will have a greater burden of proof in 
        removal proceedings and will face tougher standards 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,
            ``(iv) has been convicted of an aggravated felony, unless 
        since such conviction the alien has been granted relief under 
        section 240A(a), or
            ``(v) is attempting to enter at a time or place other than 
        as designated by immigration officers or has not been admitted 
        to the United States after inspection and authorization by an 
        immigration officer.''.
    (b) Inadmissibility of Aliens Present Without Admission or 
Parole.--
            (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is 
        amended by redesignating paragraph (9) as paragraph (10) and by 
        inserting after paragraph (8) the following new paragraph:
            ``(9) Present without admission or parole.--
                    ``(A) In general.--An alien present in the United 
                States without being admitted or paroled, or who 
                arrives in the United States at any time or place other 
                than as designated by the Attorney General, is 
                inadmissible.
                    ``(B) Exception for certain battered women and 
                children.--Subparagraph (A) shall not apply to an alien 
                who can demonstrate that--
                            ``(i) the alien qualifies for immigrant 
                        status under subparagraphs (A)(iii), (A)(iv), 
                        (B)(ii), or (B)(iii) of section 204(a)(1),
                            ``(ii)(I) the alien has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent, or by a member of the spouse's or 
                        parent's family residing in the same household 
                        as the alien and the spouse or parent consented 
                        or acquiesced to such battery or cruelty, or 
                        (II) the alien's child has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent of the alien (without the active 
                        participation of the alien in the battery or 
                        extreme cruelty) or by a member of the spouse's 
                        or parent's family residing in the same 
                        household as the alien when the spouse or 
                        parent consented to or acquiesced in such 
                        battery or cruelty and the alien did not 
                        actively participate in such battery or 
                        cruelty, and
                            ``(iii) there was a substantial connection 
                        between the battery or cruelty described in 
                        subclause (I) or (II) and the alien's unlawful 
                        entry into the United States.''.
            (2) Transition for battered spouse or child provision.--The 
        requirements of clauses (ii) and (iii) of section 212(a)(9)(B) 
        of the Immigration and Nationality Act, as inserted by 
        paragraph (1), shall not apply to an alien who demonstrates 
        that the alien first arrived in the United States before the 
        title III-A effective date (described in section 309(a)).
    (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.
                            ``(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 
                        at any time in the case of an alien convicted 
                        of an aggravated felony) is inadmissible.
                            ``(iii) Exception.--Clauses (i) and (ii) 
                        shall not apply to an alien seeking admission 
                        within a period if, prior to the 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 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(III) Aliens with work 
                                authorization.--No period of time in 
                                which an alien is provided 
                                authorization to engage in employment 
                                in the United States (including such an 
                                authorization under section 
                                244A(a)(1)(B)), or in which the alien 
                                is the spouse of such an alien, shall 
                                be taken into account in determining 
                                the period of unlawful presence in the 
                                United States under clause (i).
                                    ``(IV) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                    ``(V) Battered women and 
                                children.--Clause (i) shall not apply 
                                to an alien described in paragraph 
                                (9)(B).
                            ``(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.
                            ``(iv) Waiver.--In the case of an alien who 
                        is the spouse, parent, or child of a United 
                        States citizen or the spouse or child of a 
                        permanent resident alien, the Attorney General 
                        may waive clause (i) for humanitarian purposes, 
                        to assure family unity, or when it is otherwise 
                        in the public interest.
                            ``(v) National interest waiver.--The 
                        Attorney General may waive clause (i) if the 
                        Attorney General determines that such a waiver 
                        is necessary to substantially benefit--
                                    ``(I) the national security, 
                                national defense, or Federal, State, or 
                                local law enforcement;
                                    ``(II) health care, housing, or 
                                educational opportunities for an 
                                indigent or low-income population or in 
                                an underserved geographical area;
                                    ``(III) economic or employment 
                                opportunities for a specific industry 
                                or specific geographical area;
                                    ``(IV) the development of new 
                                technologies; or
                                    ``(V) environmental protection or 
                                the productive use of natural 
                                resources; and
                        the alien will engage in a specific undertaking 
                        to advance one or more of the interests 
                        identified in subclauses (I) through (V).''.
    (d) Waiver of Misrepresentation Ground of Inadmissibility for 
Certain Aliens.--Subsection (i) of section 212 is amended to read as 
follows:
    ``(i) The Attorney General may, in the discretion of the Attorney 
General, waive the application of clause (i) of subsection (a)(6)(C)--
            ``(1) in the case of an immigrant who is the spouse, son, 
        or daughter of a United States citizen; or
            ``(2) in the case of an immigrant who is the spouse or son 
        or daughter of an alien lawfully admitted for permanent 
        residence, if it is established to the satisfaction of the 
        Attorney General that the refusal of admission to the United 
        States of such immigrant alien would result in extreme hardship 
        to the lawfully resident spouse or parent of such an alien.''.
    (e) Prohibition on Issuance of Visas for Former Citizens Who 
Renounced Citizenship to Avoid United States Taxation.--Section 
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by subsection 
(b)(1), is amended by adding at the end the following:
                    ``(D) Former citizens who renounced citizenship to 
                avoid taxation.--Any alien who is a former citizen of 
                the United States who officially renounced United 
                States citizenship and who is determined by the 
                Attorney General to have renounced United States 
                citizenship for the purpose of avoiding taxation by the 
                United States is excludable.''.
    (f) Proof of Vaccination Requirement for Immigrants.--
            (1) In general.--Section 212(a)(1)(A) (8 U.S.C. 
        1182(a)(1)(A)) is amended--
                    (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively, and
                    (B) by inserting after clause (i) the following new 
                clause:
                            ``(ii) who seeks admission as an immigrant, 
                        or who seeks adjustment of status to the status 
                        of an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices,''.
            (2) Waiver.--Section 212(g) (8 U.S.C. 1182(g) is amended by 
        striking ``, or'' at the end of paragraph (1) and all that 
        follows and inserting a semicolon and the following:
        ``in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe;
            ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                    ``(A) who receives vaccination against the vaccine-
                preventable disease or diseases for which the alien has 
                failed to present documentation of previous 
                vaccination, or
                    ``(B) for whom a civil surgeon, medical officer, or 
                panel physician (as those terms are defined by 42 
                C.F.R. 34.2) certifies, according to such regulations 
                as the Secretary of Health and Human Services may 
                prescribe, that such vaccination would not be medically 
                appropriate; or
            ``(3) subsection (a)(1)(A)(iii) in the case of any alien, 
        in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to applications for immigrant visas or 
        for adjustment of status filed after September 30, 1996.
    (g) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C. 
1251), before redesignation as section 237 by section 305(a)(2), is 
amended--
            (1) in the matter before paragraph (1) of subsection (a), 
        by striking ``in the United States'' and inserting ``in and 
        admitted to the United States'';
            (2) in subsection (a)(1), by striking ``Excludable'' each 
        place it appears and inserting ``Inadmissible'';
            (3) in subsection (a)(1)(A), by striking ``excludable'' and 
        inserting ``inadmissible''; and
            (4) by amending subparagraph (B) of subsection (a)(1) to 
        read as follows:
                    ``(B) Present in violation of law.--Any alien who 
                is present in the United States in violation of this 
                Act or any other law of the United States is 
                deportable.''.

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

    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, who 
        arrives in the United States (whether or not at a designated 
        port of arrival), or who is brought to the United States after 
        having been interdicted in international or United States 
        waters shall be deemed for purposes of this Act an applicant 
        for admission.
            ``(2) Stowaways.--An arriving alien who is a stowaway is 
        not eligible to apply for admission or to be admitted and shall 
        be ordered removed upon inspection by an immigration officer. 
        Upon such inspection if the alien indicates an intention to 
        apply for asylum under section 208 or a fear of persecution, 
        the officer shall refer the alien for an interview under 
        subsection (b)(1)(B). A stowaway may apply for asylum only if 
        the stowaway is found to have a credible fear of persecution 
        under subsection (b)(1)(B). In no case may a stowaway be 
        considered an applicant for admission or eligible for a hearing 
        under section 240.
            ``(3) Inspection.--All aliens (including alien crewmen) who 
        are applicants for admission or otherwise seeking admission or 
        readmission to or transit through the United States shall be 
        inspected by immigration officers.
            ``(4) Withdrawal of application for admission.--An alien 
        applying for admission may, in the discretion of the Attorney 
        General and at any time, be permitted to withdraw the 
        application for admission and depart immediately from the 
        United States.
            ``(5) Statements.--An applicant for admission may be 
        required to state under oath any information sought by an 
        immigration officer regarding the purposes and intentions of 
        the applicant in seeking admission to the United States, 
        including the applicant's intended length of stay and whether 
        the applicant intends to remain permanently or become a United 
        States citizen, and whether the applicant is inadmissible.
    ``(b) Inspection of Applicants for Admission.--
            ``(1) Inspection of aliens arriving in the united states.--
                    ``(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 the alien--
                            ``(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 arriving alien 
        may be inadmissible under subparagraph (A) (other than clause 
        (ii)), (B), or (C) of section 212(a)(3), the officer or judge 
        shall--
                    ``(A) order the alien removed, subject to review 
                under paragraph (2);
                    ``(B) report the order of removal to the Attorney 
                General; and
                    ``(C) not conduct any further inquiry or hearing 
                until ordered by the Attorney General.
            ``(2) Review of order.--(A) The Attorney General shall 
        review orders issued under paragraph (1).
            ``(B) If the Attorney General--
                    ``(i) is satisfied on the basis of confidential 
                information that the alien is inadmissible under 
                subparagraph (A) (other than clause (ii)), (B), or (C) 
                of section 212(a)(3), and
                    ``(ii) after consulting with appropriate security 
                agencies of the United States Government, concludes 
                that disclosure of the information would be prejudicial 
                to the public interest, safety, or security,
        the Attorney General may order the alien removed without 
        further inquiry or hearing by an immigration judge.
            ``(C) If the Attorney General does not order the removal of 
        the alien under subparagraph (B), the Attorney General shall 
        specify the further inquiry or hearing that shall be conducted 
        in the case.
            ``(3) Submission of statement and information.--The alien 
        or the alien's representative may submit a written statement 
        and additional information for consideration by the Attorney 
        General.
    ``(d) Authority Relating to Inspections.--
            ``(1) Authority to search conveyances.--Immigration 
        officers are authorized to board and search any vessel, 
        aircraft, railway car, or other conveyance or vehicle in which 
        they believe aliens are being brought into the United States.
            ``(2) Authority to order detention and delivery of arriving 
        aliens.--Immigration officers are authorized to order an owner, 
        agent, master, commanding officer, person in charge, purser, or 
        consignee of a vessel or aircraft bringing an alien (except an 
        alien crewmember) to the United States--
                    ``(A) to detain the alien on the vessel or at the 
                airport of arrival, and
                    ``(B) to deliver the alien to an immigration 
                officer for inspection or to a medical officer for 
                examination.
            ``(3) Administration of oath and consideration of 
        evidence.--The Attorney General and any immigration officer 
        shall have power to administer oaths and to take and consider 
        evidence of or from any person touching the privilege of any 
        alien or person he believes or suspects to be an alien to 
        enter, reenter, transit through, or reside in the United States 
        or concerning any matter which is material and relevant to the 
        enforcement of this Act and the administration of the Service.
            ``(4) Subpoena authority.--(A) The Attorney General and any 
        immigration officer shall have power to require by subpoena the 
        attendance and testimony of witnesses before immigration 
        officers and the production of books, papers, and documents 
        relating to the privilege of any person to enter, reenter, 
        reside in, or pass through the United States or concerning any 
        matter which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to that end 
        may invoke the aid of any court of the United States.
            ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are being 
        conducted by an immigration officer may, in the event of 
        neglect or refusal to respond to a subpoena issued under this 
        paragraph or refusal to testify before an immigration officer, 
        issue an order requiring such persons to appear before an 
        immigration officer, produce books, papers, and documents if 
        demanded, and testify, and any failure to obey such order of 
        the court may be punished by the court as a contempt 
        thereof.''.

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 (i) a period of time to 
                secure counsel under subsection (b)(1) and (ii) a 
                current list of counsel prepared under subsection 
                (b)(2).
                    ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address and 
                telephone number (if any) at which the alien may be 
                contacted respecting proceedings under section 240.
                    ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's address or telephone 
                number.
                    ``(iii) The consequences under section 240(b)(5) of 
                failure to provide address and telephone information 
                pursuant to this subparagraph.
                    ``(G)(i) The time and place at which the 
                proceedings will be held.
                    ``(ii) The consequences under section 240(b)(5) of 
                the failure, except under exceptional circumstances, to 
                appear at such proceedings.
            ``(2) Notice of change in time or place of proceedings.--
                    ``(A) In general.--In removal proceedings under 
                section 240, in the case of any change or postponement 
                in the time and place of such proceedings, subject to 
                subparagraph (B) a written notice shall be given in 
                person to the alien (or, if personal service is not 
                practicable, through service by mail to the alien or to 
                the alien's counsel of record, if any) specifying--
                            ``(i) the new time or place of the 
                        proceedings, and
                            ``(ii) the consequences under section 
                        240(b)(5) of failing, except under exceptional 
                        circumstances, to attend such proceedings.
                    ``(B) Exception.--In the case of an alien not in 
                detention, a written notice shall not be required under 
                this paragraph if the alien has failed to provide the 
                address required under paragraph (1)(F).
            ``(3) Central address files.--The Attorney General shall 
        create a system to record and preserve on a timely basis 
        notices of addresses and telephone numbers (and changes) 
        provided under paragraph (1)(F).
    ``(b) Securing of Counsel.--
            ``(1) In general.--In order that an alien be permitted the 
        opportunity to secure counsel before the first hearing date in 
        proceedings under section 240, the hearing date shall not be 
        scheduled earlier than 10 days after the service of the notice 
        to appear, unless the alien requests in writing an earlier 
        hearing date.
            ``(2) Current lists of counsel.--The Attorney General shall 
        provide for lists (updated not less often than quarterly) of 
        persons who have indicated their availability to represent pro 
        bono aliens in proceedings under section 240. Such lists shall 
        be provided under subsection (a)(1)(E) and otherwise made 
        generally available.
    ``(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 who 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 
                immediately preceding the date of such application;
                    ``(B) has been a person of good moral character 
                during such period;
                    ``(C) has not been convicted of an 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(a), 
                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 
        number of adjustments under this paragraph shall not exceed 
        4,000 for any fiscal year. The Attorney General shall record 
        the alien's lawful admission for permanent residence as of the 
        date the Attorney General's cancellation of removal under 
        paragraph (1) or (2) or determination under this paragraph.
    ``(c) Aliens Ineligible for Relief.--The provisions of subsections 
(a) and (b)(1) shall not apply to any of the following aliens:
            ``(1) An alien who entered the United States as a crewman 
        subsequent to June 30, 1964.
            ``(2) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order to 
        receive graduate medical education or training, regardless of 
        whether or not the alien is subject to or has fulfilled the 
        two-year foreign residence requirement of section 212(e).
            ``(3) An alien who--
                    ``(A) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in section 
                101(a)(15)(J) or has acquired the status of such a 
                nonimmigrant exchange alien after admission other than 
                to receive graduate medical education or training,
                    ``(B) is subject to the two-year foreign residence 
                requirement of section 212(e), and
                    ``(C) has not fulfilled that requirement or 
                received a waiver thereof.
            ``(4) An alien who is inadmissible under section 212(a)(3) 
        or deportable under 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 periods in the aggregate exceeding 180 days, unless the 
        Attorney General finds that return could not be accomplished 
        within that time period due to emergent reasons.
            ``(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 
                        30 days after the date the Attorney General 
                        first inquires, whether the government will 
                        accept the alien into the country;
                            ``(iii) the government of the country is 
                        not willing to accept the alien into the 
                        country; or
                            ``(iv) the Attorney General decides that 
                        removing the alien to the country is 
                        prejudicial to the United States.
                    ``(D) Alternative country.--If an alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Attorney General shall remove the alien to 
                a country of which the alien is a subject, national, or 
                citizen unless the government of the country--
                            ``(i) does not inform the Attorney General 
                        or the alien finally, within 30 days after the 
                        date the Attorney General first inquires or 
                        within another period of time the Attorney 
                        General decides is reasonable, whether the 
                        government will accept the alien into the 
                        country; or
                            ``(ii) is not willing to accept the alien 
                        into the country.
                    ``(E) Additional removal countries.--If an alien is 
                not removed to a country under the previous 
                subparagraphs of this paragraph, the Attorney General 
                shall remove the alien to any of the following 
                countries:
                            ``(i) The country from which the alien was 
                        admitted to the United States.
                            ``(ii) The country in which is located the 
                        foreign port from which the alien left for the 
                        United States or for a foreign territory 
                        contiguous to the United States.
                            ``(iii) A country in which the alien 
                        resided before the alien entered the country 
                        from which the alien entered the United States.
                            ``(iv) The country in which the alien was 
                        born.
                            ``(v) The country that had sovereignty over 
                        the alien's birthplace when the alien was born.
                            ``(vi) The country in which the alien's 
                        birthplace is located when the alien is ordered 
                        removed.
                            ``(vii) If impracticable, inadvisable, or 
                        impossible to remove the alien to each country 
                        described in a previous clause of this 
                        subparagraph, another country whose government 
                        will accept the alien into that country.
                    ``(F) Removal country when united states is at 
                war.--When the United States is at war and the Attorney 
                General decides that it is impracticable, inadvisable, 
                inconvenient, or impossible to remove an alien under 
                this subsection because of the war, the Attorney 
                General may remove the alien--
                            ``(i) to the country that is host to a 
                        government in exile of the country of which the 
                        alien is a citizen or subject if the government 
                        of the host country will permit the alien's 
                        entry; or
                            ``(ii) if the recognized government of the 
                        country of which the alien is a citizen or 
                        subject is not in exile, to a country, or a 
                        political or territorial subdivision of a 
                        country, that is very near the country of which 
                        the alien is a citizen or subject, or, with the 
                        consent of the government of the country of 
                        which the alien is a citizen or subject, to 
                        another country.
    ``(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 subsection (d), an owner of a 
                vessel or aircraft bringing an alien to the United 
                States shall pay the costs of detaining and maintaining 
                the alien--
                            ``(i) while the alien is detained under 
                        subsection (d)(1), and
                            ``(ii) in the case of an alien who is a 
                        stowaway, while the alien is being detained 
                        pursuant to--
                                    ``(I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                    ``(II) subsection (d)(2)(B)(ii) or 
                                (iii) for the period of time reasonably 
                                necessary for the owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining necessary 
                                travel documents, but not to extend 
                                beyond the date on which it is 
                                ascertained that such travel documents 
                                cannot be obtained from the country to 
                                which the stowaway is to be returned, 
                                or
                                    ``(III) section 235(b)(1)(B)(ii), 
                                for a period not to exceed 15 days 
                                (excluding Saturdays, Sundays, and 
                                holidays) commencing on the first such 
                                day which begins on the earlier of 72 
                                hours after the time of the initial 
                                presentation of the stowaway for 
                                inspection or at the time the stowaway 
                                is determined to have a credible fear 
                                of persecution.
                    ``(B) Nonapplication.--Subparagraph (A) shall not 
                apply if--
                            ``(i) the alien is a crewmember;
                            ``(ii) the alien has an immigrant visa;
                            ``(iii) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States and applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                            ``(iv) the alien has a reentry permit and 
                        applies for admission not later than 120 days 
                        after the date of the alien's last inspection 
                        and admission;
                            ``(v)(I) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States or a reentry permit;
                            ``(II) the alien applies for admission more 
                        than 120 days after the date the visa or 
                        documentation was issued or after the date of 
                        the last inspection and admission under the 
                        reentry permit; and
                            ``(III) the owner of the vessel or aircraft 
                        satisfies the Attorney General that the 
                        existence of the condition relating to 
                        inadmissibility could not have been discovered 
                        by exercising reasonable care before the alien 
                        boarded the vessel or aircraft; or
                            ``(vi) the individual claims to be a 
                        national of the United States and has a United 
                        States passport.
     ``(d) Requirements of Persons Providing Transportation.--
            ``(1) Removal at time of arrival.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel or aircraft bringing an alien (except an alien 
        crewmember) to the United States shall--
                    ``(A) receive an alien back on the vessel or 
                aircraft or another vessel or aircraft owned or 
                operated by the same interests if the alien is ordered 
                removed under this part; and
                    ``(B) take the alien to the foreign country to 
                which the alien is ordered removed.
            ``(2) Alien stowaways.--An owner, agent, master, commanding 
        officer, charterer, or consignee of a vessel or aircraft 
        arriving in the United States with an alien stowaway--
                    ``(A) shall detain the alien on board the vessel or 
                aircraft, or at such place as the Attorney General 
                shall designate, until completion of the inspection of 
                the alien by an immigration officer;
                    ``(B) may not permit the stowaway to land in the 
                United States, except pursuant to regulations of the 
                Attorney General temporarily--
                            ``(i) for medical treatment,
                            ``(ii) for detention of the stowaway by the 
                        Attorney General, or
                            ``(iii) for departure or removal of the 
                        stowaway; and
                    ``(C) if ordered by an immigration officer, shall 
                remove the stowaway on the vessel or aircraft or on 
                another vessel or aircraft.
        The Attorney General shall grant a timely request to remove the 
        stowaway under subparagraph (C) on a vessel or aircraft other 
        than that on which the stowaway arrived if any travel documents 
        necessary for departure or repatriation of the stowaway have 
        been obtained and removal of the stowaway will not be 
        unreasonably delayed.
            ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel, aircraft, or other transportation line shall comply 
        with an order of the Attorney General to take on board, guard 
        safely, and transport to the destination specified any alien 
        ordered to be removed under this Act.
    ``(e) Payment of Expenses of Removal.--
            ``(1) Costs of removal at time of arrival.--In the case of 
        an alien who is a stowaway or who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal is on a 
        vessel or aircraft not owned by the owner of the vessel or 
        aircraft on which the alien arrived in the United States, the 
        Attorney General may--
                    ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and
                    ``(B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of the 
                vessel or aircraft (if any) on which the alien arrived 
                in the United States.
            ``(2) Costs of removal to port of removal for aliens 
        admitted or permitted to land.--In the case of an alien who has 
        been admitted or permitted to land and is ordered removed, the 
        cost (if any) of removal of the alien to the port of removal 
        shall be at the expense of the appropriation for the 
        enforcement of this Act.
            ``(3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                    ``(A) Through appropriation.--Except as provided in 
                subparagraph (B), in the case of an alien who has been 
                admitted or permitted to land and is ordered removed, 
                the cost (if any) of removal of the alien from the port 
                of removal shall be at the expense of the appropriation 
                for the enforcement of this Act.
                    ``(B) Through owner.--
                            ``(i) In general.--In the case of an alien 
                        described in clause (ii), the cost of removal 
                        of the alien from the port of removal may be 
                        charged to any owner of the vessel, aircraft, 
                        or other transportation line by which the alien 
                        came to the United States.
                            ``(ii) Aliens described.--An alien 
                        described in this clause is an alien who--
                                    ``(I) is admitted to the United 
                                States (other than lawfully admitted 
                                for permanent residence) and is ordered 
                                removed within 5 years of the date of 
                                admission based on a ground that 
                                existed before or at the time of 
                                admission, or
                                    ``(II) is an alien crewman 
                                permitted to land temporarily under 
                                section 252 and is ordered removed 
                                within 5 years of the date of landing.
                    ``(C) Costs of removal of certain aliens granted 
                voluntary departure.--In the case of an alien who has 
                been granted voluntary departure under section 240B and 
                who is financially unable to depart at the alien's own 
                expense and whose removal the Attorney General deems to 
                be in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
    ``(f) Aliens Requiring Personal Care During Removal.--
            ``(1) In general.--If the Attorney General believes that an 
        alien being removed requires personal care because of the 
        alien's mental or physical condition, the Attorney General may 
        employ a suitable person for that purpose who shall accompany 
        and care for the alien until the alien arrives at the final 
        destination.
            ``(2) Costs.--The costs of providing the service described 
        in paragraph (1) shall be defrayed in the same manner as the 
        expense of removing the accompanied alien is defrayed under 
        this section.
    ``(g) Places of Detention.--
            ``(1) In general.--The Attorney General shall arrange for 
        appropriate places of detention for aliens detained pending 
        removal or a decision on removal. When United States Government 
        facilities are unavailable or facilities adapted or suitably 
        located for detention are unavailable for rental, the Attorney 
        General may expend from the appropriation `Immigration and 
        Naturalization Service--Salaries and Expenses', without regard 
        to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts 
        necessary to acquire land and to acquire, build, remodel, 
        repair, and operate facilities (including living quarters for 
        immigration officers if not otherwise available) necessary for 
        detention.
            ``(2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any project for 
        the construction of any new detention facility for the Service, 
        the Commissioner shall consider the availability for purchase 
        or lease of any existing prison, jail, detention center, or 
        other comparable facility suitable for such use.
    ``(h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.''.
    (b) Modification of Authority.--
            (1) Section 241(i), as redesignated by section 306(a)(1), 
        is amended--
                    (A) in paragraph (3)(A) by striking ``felony and 
                sentenced to a term of imprisonment'' and inserting 
                ``felony or two or more misdemeanors'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) 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 or the 
        detention of an alien previously convicted of a felony or 
        misdemeanor who has been arrested and is being held pending 
        judicial action on new charges or pending transfer to Federal 
        custody.''.
            (2) The amendments made by paragraph (1) shall apply 
        beginning with fiscal year 1996.
    (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)), as amended by section 621(a), is amended by 
striking ``241(a)(5)(B)'' each place it appears and inserting 
``237(a)(5)(B)''.

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

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

                 ``judicial review of orders of removal

    ``Sec. 242. (a) Applicable Provisions.--
            ``(1) General orders of removal.--Judicial review of a 
        final order of removal (other than an order of removal without 
        a hearing pursuant to section 235(b)(1)) is governed only by 
        chapter 158 of title 28 of the United States Code, except as 
        provided in subsection (b) and except that the court may not 
        order the taking of additional evidence under section 2347(c) 
        of such title.
            ``(2) 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 
851(d)(1), is amended--
            (1) by striking the item relating to section 106, and
            (2) by striking the item relating to chapter 4 of title II 
        and all that follows through the item relating to section 244A 
        and inserting the following:
  ``chapter 4--inspection, apprehension, examination, exclusion, and 
                                removal
``Sec. 231. Lists of alien and citizen passengers arriving or 
                            departing; record of resident aliens and 
                            citizens leaving permanently for foreign 
                            country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign 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. ``chapter 5--adjustment and change of status''.
    (b) Reorganization of Other Provisions.--Chapters 4 and 5 of title 
II are amended as follows:
            (1) Amending chapter heading.--Amend the heading for 
        chapter 4 of title II to read as follows:

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

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

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

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

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

    (c) Additional Conforming Amendments.--
            (1) Expedited procedures for aggravated felons (former 
        section 242a).--Section 238 (which, previous to redesignation 
        under section 308(b)(5), was section 242A) is amended--
                    (A) in subsection (a)(1), by striking ``section 
                242'' and inserting ``section 240'';
                    (B) in subsection (a)(2), by striking ``section 
                242(a)(2)'' and inserting ``section 236(c)''; and
                    (C) in subsection (b)(1), by striking ``section 
                241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.
            (2) Treatment of certain helpless aliens.--
                    (A) Certification of helpless aliens.--Section 232, 
                as amended by section 308(b)(2), is further amended by 
                adding at the end the following new subsection:
    ``(c) Certification of Certain Helpless Aliens.--If an examining 
medical officer determines that an alien arriving in the United States 
is inadmissible, is helpless from sickness, mental or physical 
disability, or infancy, and is accompanied by another alien whose 
protection or guardianship may be required, the officer may certify 
such fact for purposes of applying section 212(a)(10)(B) with respect 
to the other alien.''.
                    (B) Ground of inadmissibility for protection and 
                guardianship of aliens denied admission for health or 
                infancy.--Subparagraph (B) of section 212(a)(10) (8 
                U.S.C. 1182(a)(10)), as redesignated by section 
                301(a)(1), is amended to read as follows:
                    ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                            ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c), and
                            ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.''.
            (3) Contingent consideration in relation to removal of 
        aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)'', and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) It is unlawful for an owner, agent, master, commanding 
officer, person in charge, purser, or consignee of a vessel or aircraft 
who is bringing an alien (except an alien crewmember) to the United 
States to take any consideration to be kept or returned contingent on 
whether an alien is admitted to, or ordered removed from, the United 
States.''.
            (4) Clarification.--(A) Section 238(a)(1), which, previous 
        to redesignation under section 308(b)(5), was section 
        242A(a)(1), is amended by adding at the end the following: 
        ``Nothing in this section shall be construed to create any 
        substantive or procedural right or benefit that is legally 
        enforceable by any party against the United States or its 
        agencies or officers or any other person.''.
            (B) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416), as 
        amended by section 851(b)(15), is amended by striking ``and 
        nothing in'' and all that follows up to ``shall''.
    (d) Additional Conforming Amendments Relating to Exclusion and 
Inadmissibility.--
            (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
        amended--
                    (A) in the heading, by striking ``excluded from'' 
                and inserting ``ineligible for'';
                    (B) in the matter in subsection (a) before 
                paragraph (1), by striking all that follows ``(a)'' and 
                inserting the following: ``Classes of Aliens Ineligible 
                for Visas or Admission.--Except as otherwise provided 
                in this Act, aliens who are inadmissible under the 
                following paragraphs are ineligible to receive visas 
                and ineligible to be admitted to the United States:'';
                    (C) in subsection (a), by striking ``is 
                excludable'' and inserting ``is inadmissible'' each 
                place it appears;
                    (D) in subsections (a)(5)(C), (d)(1), (k), by 
                striking ``exclusion'' and inserting 
                ``inadmissibility'';
                    (E) in subsections (b), (d)(3), (h)(1)(A)(i), and 
                (k), by striking ``excludable'' each place it appears 
                and inserting ``inadmissible'';
                    (F) in subsection (b)(2), by striking ``or 
                ineligible for entry'';
                    (G) in subsection (d)(7), by striking ``excluded 
                from'' and inserting ``denied''; and
                    (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of admission''.
            (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
        redesignation as section 237 by section 305(a)(2), is amended--
                    (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                    (B) in subsection (a)(4)(C)(ii), by striking 
                ``excludability'' and inserting ``inadmissibility''; 
                and
                    (C) in subsection (c), 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 (before 
                redesignation by section 308(b)), 241(a)(1) (before 
                redesignation by section 305(a)(2)), 272(a), 277, 
                286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
                    (B) Section 601(c) of the Immigration Act of 1990.
                    (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).
                    (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).
                    (E) Section 221 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416).
            (4) Related terms.--
                    (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is 
                amended by striking ``or expulsion'' and inserting 
                ``expulsion, or removal''.
                    (B) Section 102 (8 U.S.C. 1102) is amended by 
                striking ``exclusion or deportation'' and inserting 
                ``removal''.
                    (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
                amended by striking ``been excluded or deported'' and 
                inserting ``not been admitted or have been removed''.
                    (D) Section 206 (8 U.S.C. 1156) is amended by 
                striking ``excluded from admission to the United States 
                and deported'' and inserting ``denied admission to the 
                United States and removed''.
                    (E) Section 216(f) (8 U.S.C. 1186a) is amended by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (F) Section 217 (8 U.S.C. 1187) is amended by 
                striking ``excluded from admission'' and inserting 
                ``denied admission at the time of arrival'' each place 
                it appears.
                    (G) Section 221(f) (8 U.S.C. 1201) is amended by 
                striking ``exclude'' and inserting ``deny admission 
                to''.
                    (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended by 
                striking ``excluded by'' and ``the excluded classes'' 
                and inserting ``inadmissible under'' and ``inadmissible 
                classes'', respectively.
                    (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                            (I) by striking ``exclusion'' in the 
                        heading and inserting ``denial of admission'',
                            (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', and
                            (III) in subsection (c), by striking 
                        ``excluding''.
                    (ii) The item in the table of contents relating to 
                such section is amended by striking ``exclusion'' and 
                inserting ``denial of admission''.
                    (J) Section 276(a) (8 U.S.C. 1326) 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--
                            (i) by striking ``exclusion or 
                        deportation'' each place it appears and 
                        inserting ``removal'', and
                            (ii) by striking ``deportation or 
                        exclusion'' each place it appears and inserting 
                        ``removal''.
                    (T) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``exclusion and 
                deportation'' 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 851(a)(3)(A).
                    (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                before redesignation as section 237 by section 
                305(a)(2).
                    (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection (b)(5).
                    (G) Subsections (a)(3) and (b)(5)(B) of section 
                244A (8 U.S.C. 1254a), before redesignation as section 
                244 by subsection (b)(7).
                    (H) Section 246(a) (8 U.S.C. 1256(a)).
                    (I) Section 254 (8 U.S.C. 1284).
                    (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                    (K) Section 276(b) (8 U.S.C. 1326(b)).
                    (L) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                    (M) Section 291 (8 U.S.C. 1361).
                    (N) Section 318 (8 U.S.C. 1429).
                    (O) Section 130005(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322).
                    (P) Section 4113(b) of title 18, United States 
                Code.
            (2) Each of the following is amended by striking 
        ``deported'' each place it appears and inserting ``removed'':
                    (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                    (B) Section 214(d) (8 U.S.C. 1184(d)).
                    (C) Section 241(a) (8 U.S.C. 1251(a)), before 
                redesignation as section 237 by section 305(a)(2).
                    (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5).
                    (E) Section 252(b) (8 U.S.C. 1282(b)).
                    (F) Section 254 (8 U.S.C. 1284).
                    (G) Subsections (b) and (c) of section 266 (8 
                U.S.C. 1306).
                    (H) Section 301(a)(1) of the Immigration Act of 
                1990.
                    (I) Section 4113 of title 18, United States Code.
            (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
        inserting ``or removed'' after ``deported'' each place it 
        appears.
            (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
        striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.
            (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is 
        amended by striking ``deportation is suspended'' and inserting 
        ``removal is canceled''.
            (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is 
        amended by striking ``deportation against'' and inserting 
        ``removal of''.
            (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), 
        and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended 
        by striking ``deportation'', ``deportation'', ``deport'', and 
        ``deported'' each place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
            (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
        of section 216A (8 U.S.C. 1186b) are each amended by striking 
        ``deportation'', ``deportation'', ``deport'', and ``deported'' 
        and inserting ``removal'', ``removal'', ``remove'', and 
        ``removed'', respectively.
            (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
        striking ``deportation against'' and inserting ``removal of''.
            (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
        section 238 by subsection (b)(6), is amended, in the headings 
        to various subdivisions, by striking ``Deportation'' and 
        ``deportation'' and inserting ``Removal'' and ``removal'', 
        respectively.
            (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), 
        before redesignation as section 244 by subsection (b)(8), is 
        amended--
                    (A) in subsection (a)(1)(A), by striking ``deport'' 
                and inserting ``remove'', and
                    (B) in subsection (e), by striking ``Suspension of 
                Deportation'' and inserting ``Cancellation of 
                Removal''.
            (12) Section 254 (8 U.S.C. 1284) is amended by striking 
        ``deport'' each place it appears and inserting ``remove''.
            (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
            (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
        ``deported'' and inserting ``removed''.
            (B) The item in the table of contents relating to such 
        section is amended by striking ``deported'' and inserting 
        ``removed''.
            (15) Section 318 (8 U.S.C. 1429) is amended by striking 
        ``suspending'' and inserting ``canceling''.
            (16) Section 301(a) of the Immigration Act of 1990 is 
        amended by striking ``Deportation'' and inserting ``Removal''.
            (17) The heading of section 130005 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 103-322) is 
        amended by striking ``deportation'' and inserting ``removal''.
            (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
        amended by striking ``deported'' and all that follows through 
        ``Deportation'' and inserting ``removed pursuant to chapter 4 
        of title II of the Immigration and Nationality Act''.
            (19) Section 8(c) of the Foreign Agents Registration Act 
        (22 U.S.C. 618(c)) is amended by striking ``deportation'' and 
        all that follows and inserting ``removal pursuant to chapter 4 
        of title II of the Immigration and Nationality Act.''.
    (f) Revision of References to Entry.--
            (1) The following provisions are amended by striking 
        ``entry'' and inserting ``admission'' each place it appears:
                    (A) Section 101(a)(15)(K) (8 U.S.C. 
                1101(a)(15)(K)).
                    (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                    (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                    (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                    (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                    (H) Section 214(d) (8 U.S.C. 1184(d)).
                    (I) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                    (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                    (K) Subsection (b) of section 240 (8 U.S.C. 1230), 
                before redesignation as section 240C by section 
                304(a)(2).
                    (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2).
                    (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2), other than the last time it appears.
                    (N) Paragraphs (2) and (4) of subsection (a) of 
                section 241 (8 U.S.C. 1251), before redesignation as 
                section 237 by section 305(a)(2).
                    (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                    (P) Section 247(a) (8 U.S.C. 1257(a)).
                    (Q) Section 601(c)(2) of the Immigration Act of 
                1990.
            (2) The following provisions are amended by striking 
        ``enter'' and inserting ``be admitted'':
                    (A) Section 204(e) (8 U.S.C. 1154(e)).
                    (B) Section 221(h) (8 U.S.C. 1201(h)).
                    (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
            (3) The following provisions are amended by striking 
        ``enters'' and inserting ``is admitted to'':
                    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                    (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
            (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
        redesignation as section 233 by section 308(b)(4), is amended 
        by striking ``entry and inspection'' and inserting ``inspection 
        and admission''.
            (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 
        1251), before redesignation as section 237 by section 
        305(a)(2), is amended by striking ``at entry''.
            (6) Section 7 of the Central Intelligence Agency Act of 
        1949 (50 U.S.C. 403h) is amended by striking ``that the 
        entry'', ``given entry into'', and ``entering'' and inserting 
        ``that the admission'', ``admitted to'', and ``admitted to''.
            (7) Section 4 of the Atomic Weapons and Special Nuclear 
        Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
        ``entry'' and inserting ``admission''.
    (g) Conforming References to Reorganized Sections.--
            (1) References to sections 232, 234, 238, 239, 240, 241, 
        242a, and 244a.--Any reference in law in effect on the day 
        before the date of the enactment of this Act to section 232, 
        234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
        Nationality Act (or a subdivision of such section) is deemed, 
        as of the title III-A effective date, to refer to section 
        232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
        (or the corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to section 
        241 (or a subdivision of such section) of the Immigration and 
        Nationality Act in an amendment made by a subsequent subtitle 
        of this title is deemed a reference (as of the title III-A 
        effective date) to section 237 (or the corresponding 
        subdivision of such section), as redesignated by this subtitle.
            (2) References to section 106.--
                    (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 
                U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by 
                section 851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), are each amended by striking 
                ``106'' and inserting ``242''.
                    (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 
                U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are amended by 
                inserting ``(as in effect before October 1, 1996)'' 
                after ``106''.
                    (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``106(a)(1)'' and 
                inserting ``242(b)(1)''.
            (3) References to section 236.--
                    (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
                1159(a)(1)) are each amended by striking ``236'' and 
                inserting ``240''.
                    (B) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``1226 of title 8, United 
                States Code'' and inserting ``240 of the Immigration 
                and Nationality Act''.
            (4) References to section 237.--
                    (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is 
                amended by striking ``237'' and inserting ``241''.
                    (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is 
                amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                    (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
                striking ``237, 239, 243'' and inserting ``234, 
                243(c)(2)''.
            (5) References to section 242.--
                    (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 
                U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended 
                by striking ``242'' and inserting ``240''.
                    (ii) Subsection (c)(4) of section 242A (8 U.S.C. 
                1252a), as amended by section 851(b)(14) but before 
                redesignation as section 238 by subsection (b)(5), are 
                each amended by striking ``242'' and inserting ``240''.
                    (iii) Section 245A(a)(1)(B) (8 U.S.C. 
                1255a(a)(1)(B)) is amended by inserting ``(as in effect 
                before October 1, 1996)'' after ``242''.
                    (iv) Section 4113 of title 18, United States Code, 
                is amended--
                            (I) in subsection (a), by striking 
                        ``section 1252(b) or section 1254(e) of title 
                        8, United States Code,'' and inserting 
                        ``section 240B of the Immigration and 
                        Nationality Act''; and
                            (II) in subsection (b), by striking 
                        ``section 1252 of title 8, United States 
                        Code,'' and inserting ``section 240 of the 
                        Immigration and Nationality Act''.
                    (B) Section 130002(a) of Public Law 103-322, as 
                amended by section 361(a), is amended by striking 
                ``242(a)(3)(A)'' and inserting ``236(d)''.
                    (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), 
                before redesignation as section 238 by section 
                308(b)(5), is amended by striking ``242(b)'' and 
                inserting ``240''.
                    (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``242(b)'' and inserting 
                ``240''.
                    (E) Section 1821(e) of title 28, United States 
                Code, is amended by striking ``242(b)'' and inserting 
                ``240''.
                    (F) Section 130007(a) of Public Law 103-322 is 
                amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                    (G) Section 20301(c) of Public Law 103-322 is 
                amended by striking ``242(j)(5)'' and ``242(j)'' and 
                inserting ``241(h)(5)'' and ``241(h)'', respectively.
            (6) References to section 242b.--
                    (A) Section 303(d)(2) of the Immigration Act of 
                1990 is amended by striking ``242B'' and inserting 
                ``240(b)(5)''.
                    (B) Section 545(g)(1)(B) of the Immigration Act of 
                1990 is amended by striking ``242B(a)(4)'' and 
                inserting ``239(a)(4)''.
            (7) References to section 243.--
                    (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
                striking ``243'' and inserting ``241''.
                    (B)(i) Section 315(c) of the Immigration Reform and 
                Control Act of 1986 is amended by striking ``243(g)'' 
                and ``1253(g)''and inserting ``243(d)'' and ``1253(d)'' 
                respectively.
                    (ii) Section 702(b) of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1988 is amended by striking 
                ``243(g)'' and inserting ``243(d)''.
                    (iii) Section 903(b) of Public Law 100-204 is 
                amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (C)(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)''.
                    (D)(i) Subsection (c)(2)(B)(ii) of section 244A (8 
                U.S.C. 1254a), before redesignated as section 244 by 
                section 308(b)(7), is amended by striking ``243(h)(2)'' 
                and inserting ``208(b)(2)(A)''.
                    (ii) Section 301(e)(2) of the Immigration Act of 
                1990 is amended by striking ``243(h)(2)'' and inserting 
                ``208(b)(2)(A)''.
                    (E) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
                striking ``subparagraphs (A) through (D) of paragraph 
                243(h)(2)'' and inserting ``clauses (i) through (v) of 
                section 208(b)(2)(A)''.
            (8) References to section 244.--
                    (A)(i) Section 201(b)(1)(D) (8 U.S.C. 
                1151(b)(1)(D)) and subsection (e) of section 244A (8 
                U.S.C. 1254a), before redesignation as section 244 by 
                section 308(b)(7), are each amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                    (ii) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                    (B) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(b)(2)'' and inserting ``240A(b)(2)''.
                    (C) Section 364(a)(2) of this Act is amended by 
                striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
            (9) References to chapter 5.--
                    (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 
                1306(b), 1306(c), 1361) are each amended by striking 
                ``chapter 5'' and inserting ``chapter 4''.
                    (B) Section 6(b) of the Act of August 1, 1956 (50 
                U.S.C. 855(b)) is amended by striking ``chapter 5, 
                title II, of the Immigration and Nationality Act (66 
                Stat. 163)'' and inserting ``chapter 4 of title II of 
                the Immigration and Nationality Act''.
            (10) Miscellaneous cross-reference corrections for newly 
        added provisions.--
                    (A) Section 245(c)(6), as amended by section 
                332(d), is amended by striking ``241(a)(4)(B)'' and 
                inserting ``237(a)(4)(B)''.
                    (B) Section 249(d), as amended by section 332(e), 
                is amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                    (C) Section 276(b)(3), as inserted by section 
                321(b), is amended by striking ``excluded'' and 
                ``excludable'' and inserting ``removed'' and 
                ``inadmissible'', respectively.
                    (D) 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.''.
                    (E) Section 506(b)(2)(B), as added by section 
                321(a)(1), is amended by striking ``deportation'' and 
                inserting ``removal''.
                    (F) 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''.
                    (G) Section 130007(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322), 
                as amended by section 851(a)(6), 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 and section 
301(f), this subtitle and the amendments made by this subtitle shall 
take effect on the first day of the first month beginning more than 180 
days after the date of the enactment of this Act (in this title 
referred to as the ``title III-A effective date'').
    (b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 30 
days before the title III-A effective date.
    (c) Transition for Aliens in Proceedings.--
            (1) General rule that new rules do not apply.--Subject to 
        the succeeding provisions of this subsection, in the case of an 
        alien who is in exclusion or deportation proceedings as of the 
        title III-A effective date--
                    (A) the amendments made by this subtitle shall not 
                apply, and
                    (B) the proceedings (including judicial review 
                thereof) shall continue to be conducted without regard 
                to such amendments.
            (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in which an 
        evidentiary hearing under section 236 or 242 and 242B of the 
        Immigration and Nationality Act has not commenced as of the 
        title III-A effective date, the Attorney General may elect to 
        proceed under chapter 4 of title II of such Act (as amended by 
        this subtitle). The Attorney General shall provide notice of 
        such election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. If the 
        Attorney General makes such election, the notice of hearing 
        provided to the alien under section 235 or 242(a) of such Act 
        shall be valid as if provided under section 239 of such Act (as 
        amended by this subtitle) to confer jurisdiction on the 
        immigration judge.
            (3) Attorney general option to terminate and reinitiate 
        proceedings.--In the case described in paragraph (1), the 
        Attorney General may elect to terminate proceedings in which 
        there has not been a final administrative decision and to 
        reinitiate proceedings under chapter 4 of title II the 
        Immigration and Nationality Act (as amended by this subtitle). 
        Any determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
            (4) Transitional changes in judicial review.--In the case 
        described in paragraph (1) in which a final order of exclusion 
        or deportation is entered more than 30 days after the date of 
        the enactment of this Act, notwithstanding any provision of 
        section 106 of the Immigration and Nationality Act (as in 
        effect as of the date of the enactment of this Act) to the 
        contrary--
                    (A) in the case of judicial review of a final order 
                of exclusion, subsection (b) of such section shall not 
                apply and the action for judicial review shall be 
                governed by the provisions of subsections (a) and (c) 
                of such in the same manner as they apply to judicial 
                review of orders of deportation;
                    (B) a court may not order the taking of additional 
                evidence under section 2347(c) of title 28, United 
                States Code;
                    (C) the petition for judicial review must be filed 
                not later than 30 days after the date of the final 
                order of exclusion or deportation; 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.--Paragraphs (1) and (2) of section 240A(d) of the 
        Immigration and Nationality Act (relating to continuous 
        residence or physical presence) shall apply to notices to 
        appear issued after the date of the enactment of this Act.
            (6) Transition for certain family unity aliens.--The 
        Attorney General may waive the application of section 212(a)(9) 
        of the Immigration and Nationality Act, as inserted by section 
        301(b)(1), in the case of an alien who is provided benefits 
        under the provisions of section 301 of the Immigration Act of 
        1990 (relating to family unity).
    (d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act, as amended by this subtitle--
            (1) any reference in section 212(a)(1)(A) of such Act to 
        the term ``inadmissible'' is deemed to include a reference to 
        the term ``excludable'', and
            (2) any reference in law to an order of removal shall be 
        deemed to include a reference to an order of exclusion and 
        deportation or an order of deportation.
    (e) Transition.--No period of time before the date of the enactment 
of this Act shall be included in the period of 1 year described in 
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as 
amended by section 301(c)).

                Subtitle B--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.--
                                    ``(I) In general.--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.
                                    ``(II) Judicial review.--The 
                                determination under this subparagraph 
                                that an alien is a representative of a 
                                terrorist organization shall be subject 
                                to judicial review under section 706 of 
                                title 5, United States Code.''.
    (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.--Subsection (h)(2) of section 243 
(8 U.S.C. 1253), before amendment by section 307(a), 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)), 
before amendment by section 308(b), 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)), 
before amendment by section 308(b), 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 concealment aboard 
such vessel or aircraft. A passenger who boards with a valid ticket is 
not to be considered a stowaway.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 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.

                   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(a), 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. IMMIGRATION JUDGES AND COMPENSATION.

    (a) Definition of Term.--Paragraph (4) of section 101(b) (8 U.S.C. 
1101(b)) is amended to read as follows:
    ``(4) The term `immigration judge' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct specified 
classes of proceedings, including a hearing under section 240. An 
immigration judge shall be subject to such supervision and shall 
perform such duties as the Attorney General shall prescribe, but shall 
not be employed by the Immigration and Naturalization Service.''.
    (b) Substitution for Term ``Special Inquiry Officer''.--The 
Immigration and Nationality Act is amended by striking ``a special 
inquiry officer'', ``special inquiry officer'', and ``special inquiry 
officers'' and inserting ``an immigration judge'', ``immigration 
judge'', and ``immigration judges'', respectively, each place it 
appears in the following sections:
            (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
            (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
            (3) Section 234 (8 U.S.C. 1224), before redesignation by 
        section 308(b).
            (4) Section 235 (8 U.S.C. 1225), before redesignation by 
        section 308(b).
            (5) Section 236 (8 U.S.C. 1226), before amendment by 
        section 303.
            (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by 
        section 306(a)(2).
            (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), before 
        amendment by section 306(a)(2).
            (8) Section 292 (8 U.S.C. 1362).
    (c) Compensation for Immigration Judges.--
            (1) In general.--There shall be four levels of pay for 
        immigration judges, under the Immigration Judge Schedule 
        (designated as IJ-1, 2, 3, and 4, respectively), and each such 
        judge shall be paid at one of those levels, in accordance with 
        the provisions of this subsection.
            (2) Rates of pay.--
                    (A) The rates of basic pay for the levels 
                established under paragraph (1) shall be as follows:

    IJ-1...........................
                                        70% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-2...........................
                                        80% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-3...........................
                                        90% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-4...........................
                                        92% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service.
                    (B) Locality pay, where applicable, shall be 
                calculated into the basic pay for immigration judges.
            (3) Appointment.--
                    (A) Upon appointment, an immigration judge shall be 
                paid at IJ-1, and shall be advanced to IJ-2 upon 
                completion of 104 weeks of service, to IJ-3 upon 
                completion of 104 weeks of service in the next lower 
                rate, and to IJ-4 upon completion of 52 weeks of 
                service in the next lower rate.
                    (B) The Attorney General may provide for 
                appointment of an immigration judge at an advanced rate 
                under such circumstances as the Attorney General may 
                determine appropriate.
            (4) Transition.--Judges serving on the Immigration Court as 
        of the effective date shall be paid at the rate that 
        corresponds to the amount of time, as provided under paragraph 
        (3)(A), that they have served as an immigration judge.
    (d) Effective Dates.--
            (1) Subsections (a) and (b) shall take effect on the date 
        of the enactment of this Act.
            (2) Subsection (c) shall take effect 90 days after the date 
        of the enactment of this Act.

SEC. 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 than $500 to the Commissioner for 
each day the alien is in violation of this section.
    ``(b) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed by section 243(a) or any other section of this 
Act.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 274C the following new 
item:

``Sec. 274D. Civil penalties for failure to depart.''.
    (c) Effective Date.--The 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 aliens illegally entering the United States; and
            ``(iii) for the repair, maintenance, or construction on the 
        United States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, of structures to deter illegal 
        entry into the United States.
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis of 
estimates made by the Attorney General of the expenses referred to in 
subparagraph (A). Proper adjustments shall be made in the amounts 
subsequently refunded under subparagraph (A) to the extent prior 
estimates were in excess of, or less than, the amount required to be 
refunded under subparagraph (A).''.
    (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,
            (3) to eliminate any requirement of prisoner consent to 
        such a transfer, and
            (4) to allow the Federal Government or the States to keep 
        their original prison sentences in force so that transferred 
        prisoners who return to the United States prior to the 
        completion of their original United States sentences can be 
        returned to custody for the balance of their prison sentences.
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 and the length of time the alien is actually 
incarcerated in the foreign country 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.

    (a) Operation and Purpose.--Subsection (a) of section 130002 of the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) 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.''.
    (b) Identification of Criminal Aliens Unlawfully Present in the 
United States.--Upon the request of the governor or chief executive 
officer of any State, the Immigration and Naturalization Service shall 
provide assistance to State courts in the identification of aliens 
unlawfully present in the United States pending criminal prosecution.

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)''.

SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED SPOUSES 
              AND CHILDREN.

    (a) In General.--Except as provided in subsection (b), in no case 
may the Attorney General, or any other official or employee of the 
Department of Justice (including any bureau or agency of such 
Department)--
            (1) make an adverse determination of admissibility or 
        deportability of an alien under the Immigration and Nationality 
        Act using information furnished solely by--
                    (A) a spouse or parent who has battered the alien 
                or subjected the alien to extreme cruelty,
                    (B) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien or subjected the alien to extreme 
                cruelty when the spouse or parent consented to or 
                acquiesced in such battery or cruelty,
                    (C) a spouse or parent who has battered the alien's 
                child or subjected the alien's child to extreme cruelty 
                (without the active participation of the alien in the 
                battery or extreme cruelty), or
                    (D) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien's child or subjected the alien's 
                child to extreme cruelty when the spouse or parent 
                consented to or acquiesced in such battery or cruelty 
                and the alien did not actively participate in such 
                battery or cruelty,
        unless the alien has been convicted of a crime or crimes listed 
        in section 241(a)(2) of the Immigration and Nationality Act; or
            (2) permit use by or disclosure to anyone (other than a 
        sworn officer or employee of the Department, or bureau or 
        agency thereof, for legitimate Department, bureau, or agency 
        purposes) of any information which relates to an alien who is 
        the beneficiary of an application for relief under clause (iii) 
        or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of 
        section 204(a)(1)(B), section 216(c)(4)(C), or section 
        244(a)(3) of such Act as an alien (or the parent of a child) 
        who has been battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application for relief 
is denied and all opportunities for appeal of the denial have been 
exhausted.
    (b) Exceptions.--
            (1) The Attorney General may provide, in the Attorney 
        General's discretion, for the disclosure of information in the 
        same manner and circumstances as census information may be 
        disclosed by the Secretary of Commerce under section 8 of title 
        13, United States Code.
            (2) The Attorney General may provide in the discretion of 
        the Attorney General for the disclosure of information to law 
        enforcement officials to be used solely for a legitimate law 
        enforcement purpose.
            (3) Subsection (a) shall not be construed as preventing 
        disclosure of information in connection with judicial review of 
        a determination in a manner that protects the confidentiality 
        of such information.
            (4) Subsection (a)(2) shall not apply if all the battered 
        individuals in the case are adults and they have all waived the 
        restrictions of such subsection.
    (c) Penalties for Violations.--Anyone who uses, publishes, or 
permits information to be disclosed in violation of this section shall 
be fined in accordance with title 18, United States Code, or imprisoned 
not more than 5 years, or both.

        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.--Subject to 
        subsection (b)(7), in the case of a hiring of an individual for 
        employment in the United States by a person or entity that 
        employs more than 3 employees, the following rules apply:
                    ``(i) Failure to seek confirmation.--
                            ``(I) In general.--If the person or entity 
                        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 3 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 
                        3 working days, except as provided in subclause 
                        (II).
                            ``(II) Special rule for failure of 
                        confirmation mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry during such 3 working days in order to 
                        qualify for the defense under subparagraph (A) 
                        and the confirmation mechanism has registered 
                        that not all inquiries were responded to during 
                        such time, the person or entity can make an 
                        inquiry in the first subsequent working day in 
                        which the confirmation mechanism registers no 
nonresponses and qualify for the defense.
                    ``(ii) Failure to obtain confirmation.--If the 
                person or entity has made the inquiry described in 
                clause (i)(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) subject to paragraph (7), if the person 
                employs more than 3 employees, seek to have (within 3 
                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), 
                except that if the person or entity in good faith 
                attempts to make an inquiry in accordance with the 
                procedures established under paragraph (6) during such 
                3 working days in order to fulfill the requirements 
                under this subparagraph, and the confirmation mechanism 
                has registered that not all inquiries were responded to 
                during such time, the person or entity shall make an 
                inquiry in the first subsequent working day in which 
                the confirmation mechanism registers no 
                nonresponses.''; and
            (3) by adding at the end of subsection (b) the following 
        new paragraphs:
            ``(6) Employment eligibility confirmation process.--
                    ``(A) In general.--Subject to paragraph (7), the 
                Attorney General shall establish a confirmation 
                mechanism through which the Attorney General (or a 
                designee of the Attorney General which may include a 
                nongovernmental entity)--
                            ``(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--
                            ``(i) to maximize the reliability of the 
                        confirmation process, and the ease of use by 
                        employers, recruiters, and referrers, 
                        consistent with insulating and protecting the 
                        privacy and security of the underlying 
                        information, and
                            ``(ii) to respond to all inquiries made by 
                        employers on whether individuals are authorized 
                        to be employed by those employers, recruiters, 
                        or referrers registering all times when such 
                        response is not possible.
                    ``(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 individual has presented a social security account 
                number that is not valid for employment. 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 (or a designee of the Attorney General) shall 
                provide through the confirmation mechanism confirmation 
                or a tentative nonconfirmation of an individual's 
                employment eligibility within 3 working days of the 
                initial inquiry. In cases of tentative nonconfirmation, 
                the Attorney General shall specify, in consultation 
                with the Commissioner of Social Security and the 
                Commissioner of the Service, an expedited time period 
                not to exceed 10 working days within which final 
                confirmation or denial must be provided through the 
                confirmation mechanism in accordance with the 
                procedures under subparagraph (B).
                    ``(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.
                    ``(iii) If an individual would not have been 
                dismissed from a job but for an error of the 
                confirmation mechanism, the individual will be entitled 
                to compensation through the mechanism of the Federal 
                Tort Claims Act.
                    ``(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.
                    ``(G) Protection from liability for actions taken 
                on the basis of information provided by the employment 
                eligibility confirmation mechanism.--No person shall be 
                civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility confirmation mechanism 
                established under this paragraph (including any pilot 
                program established under paragraph (7)).
            ``(7) Application of confirmation mechanism through pilot 
        projects.--
                    ``(A) In general.--Subsection (a)(3)(B) and 
                paragraph (3) shall only apply to individuals hired if 
                they are covered under a pilot project established 
                under this paragraph.
                    ``(B) Undertaking pilot projects.--For purposes of 
                this paragraph, the Attorney General shall undertake 
                pilot projects for all employers in at least 5 of the 7 
                States with the highest estimated population of 
                unauthorized aliens, in order to test and assure that 
                the confirmation mechanism described in paragraph (6) 
                is reliable and easy to use. Such projects shall be 
                initiated not later than 6 months after the date of the 
                enactment of this paragraph. The Attorney General, 
                however, shall not establish such mechanism in other 
                States unless Congress so provides by law. The pilot 
                projects shall terminate on such dates, not later than 
                October 1, 1999, as the Attorney General determines. At 
                least one such pilot project shall be carried out 
                through a nongovernmental entity as the confirmation 
                mechanism.
                    ``(C) Report.--The Attorney General shall submit to 
                the Congress annual reports in 1997, 1998, and 1999 on 
                the development and implementation of the confirmation 
                mechanism under this paragraph. Such reports may 
                include an analysis of whether the mechanism 
                implemented--
                            ``(i) is reliable and easy to use;
                            ``(ii) limits job losses due to inaccurate 
                        or unavailable data to less than 1 percent;
                            ``(iii) increases or decreases 
                        discrimination;
                            ``(iv) protects individual privacy with 
                        appropriate policy and technological 
                        mechanisms; and
                            ``(v) burdens individual employers with 
                        costs or additional administrative 
                        requirements.''.
    (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) The amendments made by subsections (a)(1) and (a)(2) 
        shall apply with respect to the hiring (or recruiting or 
        referring) occurring on or after such date (not later than 18 
        months after the date of the enactment of this Act) as the 
        Attorney General shall designate.
            (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.
            (5) Not later than 180 days after the date of the enactment 
        of this Act, the Attorney General shall issue regulations which 
        shall provide for the electronic storage of forms I-9, in 
        satisfaction of the requirements of section 274A(b)(3) of the 
        Immigration and Nationality Act as amended by 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. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    (a) Requiring Certain Remedies in Unfair Immigration-Related 
Discrimination Orders.--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) Treatment of Certain Documentary Practice as Employment 
Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
            (1) by striking ``For'' and inserting ``(A) Subject to 
        subparagraph (B), for'', and
            (2) by adding at the end the following new subparagraph:
            ``(B) A person or other entity--
                    ``(i) may request a document proving a renewal of 
                employment authorization when an individual has 
                previously submitted a time-limited document to satisfy 
                the requirements of section 274A(b)(1); or
                    ``(ii) if possessing reason to believe that an 
                individual presenting a document which reasonably 
                appears on its face to be genuine is nonetheless an 
                unauthorized alien, may (I) inform the individual of 
                the question about the document's validity, and of such 
                person or other entity's intention to verify the 
                validity of such document, and (II) upon receiving 
                confirmation that the individual is unauthorized to 
                work, may dismiss the individual with no benefits or 
                rights accruing on the basis of the period employed.
        Nothing in this provision prohibits an individual from offering 
        alternative documents that satisfy the requirements of section 
        274A(b)(1).''.
    (c) 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 562,000, 
        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,
                    (C) diversity immigrants, with a worldwide annual 
                numerical limitation of 27,000, and
                    (D) 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, (iii) parents of 
                adult United States citizens if the parents meet 
                certain insurance requirements, and (iv) sons or 
                daughters of United States citizens or sons or 
                daughters of permanent resident aliens who have never 
                been married, are childless, but for the residence 
                requirements would qualify as dependents for Federal 
income tax purposes, and are at least 21 but not more than 25 years of 
age.
                    (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 not be below 85,000.
                            (iii) The annual numerical limit on 
                        admission of parents of United States citizens 
                        will not be below 25,000.
            (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) Outstanding professors and researchers and 
                multinational executives.--Second, aliens who are 
                outstanding professors and researchers or multinational 
                executives or managers, up to 30,000 each year, plus 
                any left from the previous category.
                    (C) Professionals with advanced degrees or 
                exceptional ability aliens.--Third, aliens who are 
                members of the professions holding advanced degrees or 
                who have exceptional ability, up to 30,000 each year, 
                plus any left from the previous categories.
                    (D) Other professionals and skilled workers.--
                Fourth, aliens who are skilled workers with at least 4 
                years of training and work experience or are 
                professionals with a baccalaureate degree and at least 
                2 years' experience, up to 45,000 each year, plus any 
                left from the previous categories.
                    (E) Investors.--Fifth, 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).
                    (F) 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) Diversity immigrants.--Diversity immigrants are chosen 
        from the 10 countries in each region with the highest demand 
        for diversity visas by random selection.
            (5) 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.
            (6) 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, nor 
        would the number of visas available to parents of citizens go 
        below 25,000.
            (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 remaining family visas, these visas 
        would be added to the visas made available to 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 a number sufficient to provide for the minimum visa 
        numbers described in paragraph (4)) 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 a number 
                sufficient to provide for the minimum visa numbers 
                described in paragraph (4)) 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 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 (5) in visa numbers for the 
                particular fiscal year.
            ``(4) No reduction in number of spouses and children of 
        lawful permanent residents or parents of united states 
        citizens.--
                    ``(A) Spouses and children of lawful permanent 
                residents.--Any reductions in the worldwide family 
                level for a fiscal year under paragraph (2) or (3) 
                shall not reduce the number of visas available to 
                spouses and children of lawful permanent residents 
                below 85,000.
                    ``(B) Parents of united states citizens.--Any 
                reductions in the worldwide family level for a fiscal 
                year under paragraph (2) or (3) shall not reduce the 
                number of visas available to parents of United States 
                citizens below 25,000.
            ``(5) 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 under subsection 
                (d) and section 203(b)(4) 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)(5) 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 under section 203(a)(3)(C) 
        made for the fiscal year pursuant to subsection (c)(5) and in 
        visa numbers under this subsection for the fiscal year pursuant 
        to section 203(a)(3)(B)(ii)(II).''.

SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVERSITY IMMIGRANTS.

    Subsection (e) of section 201 (8 U.S.C. 1151) is amended to read as 
follows:
    ``(e) Worldwide Level of Diversity Immigrants.--The worldwide level 
of diversity immigrants is equal to 27,000 for each fiscal year.''.

SEC. 504. ESTABLISHMENT OF NUMERICAL LIMITATION ON HUMANITARIAN 
              IMMIGRANTS.

    (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (2),
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) for fiscal years beginning with fiscal year 1997, 
        humanitarian immigrants described in section 203(e) (or who are 
        admitted under section 211(a) on the basis of a prior issuance 
        of a visa to their accompanying parent under section 203(e)) in 
        a number not to exceed in any fiscal year the number specified 
        in subsection (f) for that year, and not to exceed in any of 
        the first 3 quarters of any fiscal year 27 percent of the 
        worldwide level under such subsection for all of such fiscal 
        year.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Worldwide Level of Humanitarian Immigrants.--
            ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of humanitarian immigrants 
        (in this subsection referred to as the `worldwide humanitarian 
        level') under this subsection for a fiscal year is equal to 
        70,000.
            ``(2) Reduction for humanitarian immigrants who are 
        refugees or asylees.--The worldwide humanitarian level for a 
        fiscal year 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.--The worldwide humanitarian level for a fiscal year 
        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 
        humanitarian level for a fiscal year (taking into account any 
        reductions under paragraphs (2) and (3)) exceed 10,000.''.
    (b) Transition.--In determining the worldwide humanitarian level 
under section 201(f) of the Immigration and Nationality Act for fiscal 
year 1997, the reference in paragraph (3)(A) of such section to 
`section 240A' is deemed a reference to `section 244(a)'.

SEC. 505. REQUIRING CONGRESSIONAL REVIEW AND REAUTHORIZATION OF 
              WORLDWIDE LEVELS EVERY 5 YEARS.

    Section 201 (8 U.S.C. 1151) is further amended by adding at the end 
the following new subsection:
    ``(g) 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 
        amendment to this section, 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. 
        Immigrant visa numbers for fiscal years 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 relatives.--'' 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 ``such 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)(2)(A), section 203(a)(1), or 203(e) 
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 used under paragraphs (2) and (3).
            ``(2) Parents of united states citizens.--
                    ``(A) In general.--Immigrants who are the parents 
                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, which is not less than 25,000 and does not 
                exceed the lesser of--
                            ``(i) 45,000, or
                            ``(ii) the number by which the worldwide 
                        level exceeds 85,000.
                    ``(B) Reference to insurance requirement.--For 
                requirement relating to insurance for parents, see 
                section 212(a)(4)(D).
            ``(3) Adult sons and daughters.--
                    ``(A) In general.--Immigrants who are the 
                qualifying adult sons or daughters (as defined in 
                subparagraph (C)) of an individual who is (i) at least 
                21 years of age and (ii) either a citizen of the United 
                States or an alien lawfully admitted for permanent 
                residence shall be allocated visas according to the 
                levels established in subparagraph (B).
                    ``(B) Allocation of visas to adult sons and 
                daughters of united states citizens and permanent 
                resident aliens.--
                            ``(i) In general.--Subject to clause (ii), 
                        any remaining visas shall be allocated under 
                        this paragraph in a number not to exceed the 
                        lesser of--
                                    ``(I) 5,000, or
                                    ``(II) the number by which the 
                                worldwide level exceeds the sum of 
                                85,000 and the number of immigrant 
                                visas used under paragraph (2).
                            ``(ii) Allocation of additional visa 
                        numbers.--
                                    ``(I) In general.--If the demand 
                                for visa numbers under this paragraph 
                                exceeds the number (if any) available 
                                under clause (i) in any fiscal year, an 
                                additional number of visas shall be 
                                made available under this paragraph, 
                                but not to exceed 5,000 additional 
                                visas numbers in any fiscal year.
                                    ``(II) Offsetting reduction in the 
                                levels of employment-based visas.--If 
                                an additional number of visa numbers 
                                are made available under subclause (I) 
                                in a fiscal year, the number of visas 
                                made available under section 201(a)(2) 
                                and paragraphs (1) through (6) of 
                                subsection (b) in the fiscal year shall 
                                be reduced by a number equal to such 
                                additional number reduced by the amount 
                                (if any) by which 110,000 exceeds the 
                                number of immigrant visas used under 
                                paragraphs (1) and (2) of this 
subsection in the fiscal year. The reduction under each such paragraph 
of subsection (b) shall be in the same proportion to the total 
reduction as the ratio of the numerical limitation under each such 
paragraph specified under such subsection to the worldwide level of 
employment-based immigrants (as specified in section 201(d)).
                    ``(C) Qualifications.--For purposes of this 
                paragraph, the term `qualifying adult son or daughter' 
                means an immigrant who, as of the date of approval of 
                the classification petition under section 204(a)(1)--
                            ``(i) is at least 21, but not more than 25 
                        years of age,
                            ``(ii) has never been married,
                            ``(iii) is childless, and
                            ``(iv) would qualify as a dependent of the 
                        petitioning individual for Federal income tax 
                        purposes, except that the immigrant does not 
                        meet the residence requirements.
                    ``(D) Three-year conditional requirement.--
                            ``(i) Conditional basis for status.--
                        Notwithstanding any other provision of this 
                        Act, an alien provided lawful permanent 
                        residence status on the basis of being a 
                        qualifying adult son or daughter shall be 
                        considered, at the time of obtaining the status 
                        of an alien lawfully admitted for permanent 
                        residence, to have obtained such status on a 
                        conditional basis subject to the provisions of 
                        this subparagraph.
                            ``(ii) Requirements of notice and 
                        petitioning for removal of conditional 
                        status.--The Attorney General shall establish, 
                        by regulation, procedures which incorporate the 
                        requirements of notice and petitioning for 
                        removal of conditional status similar to the 
                        requirements for removal of conditional status 
                        under section 216A.
                            ``(iii) Termination of status.--In the case 
                        of an alien with permanent resident status on a 
                        conditional basis under clause (i), the alien 
                        must demonstrate that the alien met the 
                        qualifications set forth in subparagraph (C) as 
                        of the date of approval of the classification 
                        petition under section 204(a). In the absence 
                        of such a demonstration by the alien, the 
                        alien's status shall be terminated.
                            ``(iv) Special rule.--In applying section 
                        216A under this subparagraph, any reference to 
                        the `second' anniversary in such section is 
                        deemed a reference to the `third' 
                        anniversary.''.
    (b) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 
1182(a)(4)), as amended by section 621(a), is amended by adding at the 
end the following new subparagraph:
                    ``(D) Insurance requirements for parents.--
                            ``(i) In general.--Any alien who seeks 
                        admission as a 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 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--
            (1) by redesignating paragraph (6) as paragraph (7);
            (2) 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 outstanding professors and researchers 
        or multinational executives and managers.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 30,000 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) Outstanding professors and researchers.--An 
                alien is described in this subparagraph if--
                            ``(i) the alien is recognized 
                        internationally as outstanding in a specific 
                        academic area,
                            ``(ii) the alien has at least 3 years of 
                        experience in teaching or research in the 
                        academic area, and
                            ``(iii) the alien seeks to enter the United 
                        States--
                                    ``(I) for a tenured position (or 
                                tenure-track position) within a 
                                university or institution of higher 
                                education to teach in the academic 
                                area,
                                    ``(II) for a comparable position 
                                with a university or institution of 
                                higher education to conduct research in 
                                the area, or
                                    ``(III) for a comparable position 
                                to conduct research in the area with a 
                                department, division, or institute of a 
                                private employer, if the department, 
                                division, or institute employs at least 
                                3 persons full-time in research 
                                activities and has achieved documented 
                                accomplishments in an academic field.
                            ``(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) 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 30,000 of such worldwide 
                level, plus any visas not required for the classes 
                specified in paragraphs (1) and (2), to immigrants who 
                are aliens described in subparagraph (B).
                    ``(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).
                            ``(iv) National interest waiver.--The 
                        Attorney General may waive the requirement 
                        under clause (iii) and the requirement under 
                        clause (i) that an alien's services be sought 
                        by an employer in the United States only if--
                                    ``(I) such a waiver is necessary to 
                                substantially benefit--
                                            ``(aa) the national 
                                        security, national defense, or 
                                        Federal, State, or local law 
                                        enforcement;
                                            ``(bb) health care, 
                                        housing, or educational 
                                        opportunities for an indigent 
                                        or low-income population or in 
                                        an underserved geographical 
                                        area;
                                            ``(cc) economic or 
                                        employment opportunities for a 
                                        specific industry or a specific 
                                        geographical area;
                                            ``(dd) the development of 
                                        new technologies; or
                                            ``(ee) environmental 
                                        protection or the productive 
                                        use of natural resources, and
                                    ``(II) the alien will engage in a 
                                specific undertaking to advance one or 
                                more of the interests under subclause 
                                (I).
            ``(4) 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) through (3) to immigrants 
                who are 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 of training or experience), 
                not of a temporary or seasonal nature, for which 
                qualified workers are not available in the United 
                States, and who has a total of 4 years of training or 
                experience (or both) with respect to such labor.
                    ``(C) Professionals.--
                            ``(i) In general.--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 2 years of experience in the profession 
                        after the receipt of the degree.
                            ``(ii) Special rule for language 
                        teachers.--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 
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).
                    ``(E) Experience requirement.--Any period of 
                experience acquired as a nonimmigrant under section 
                101(a)(15)(E), 101(a)(15)(H)(i), or 101(a)(15)(L) may 
                be used to fulfill a requirement for experience under 
                this paragraph.
          ``(5) 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)(5)(A) 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 the 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.
            ``(6) 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).''; and
            (3) by adding at the end the following new paragraph:
            ``(8) Not counting work experience as an unauthorized 
        alien.--For purposes of this subsection, work experience 
        obtained in employment in the United States with respect to 
        which the alien was an unauthorized alien (as defined in 
        section 274A(h)(3)) shall not be taken into account.''.
    (b) Conditional Status for Certain Foreign Language Teachers.--
            (1) In general.--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 section 216A(b)(1) shall be whether (and the 
facts and information under section 216A(d)(1) 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)(4)(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) Clerical amendment.--The table of contents 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. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.

    (a) Application Only to 10 Countries with Highest Registrants.--
Section 203(c) (8 U.S.C. 1153(c)) is amended--
            (1) in paragraph (1)(B)(ii), by striking ``and'' at the end 
        of subclause (I), by striking the period at the end of 
        subclause (II) and inserting ``, and'', and by adding at the 
        end the following new subclause:
                                    ``(III) within each region, the 10 
                                foreign states which had the highest 
                                number of registrants for the diversity 
                                immigrant program under this subsection 
                                for the period beginning October 1, 
                                1994, and ending September 30, 1996, 
                                and which are not high-admission 
                                states.''; and
            (2) by adding at the end of paragraph (1)(E) the following 
        new clause:
                            ``(vi) Ten states eligible in each 
                        region.--Only natives of the 10 states 
                        identified for each region in subparagraph 
                        (B)(ii)(III) are eligible for diversity 
                        visas.''.
    (b) Change in Definition of Region.--Section 203(c)(1)(F) (8 U.S.C. 
1153(c)(1)(F)) is amended--
            (1) by striking ``Northern Ireland shall be treated as a 
        separate foreign state,'',
            (2) by striking the comma after ``foreign state'',
            (3) in clause (iv), by striking ``(other than Mexico)'',
            (4) in clause (vi), by striking ``Mexico,''.
    (c) Establishing Job Offer Requirement.--Paragraph (2) of section 
203(c) (8 U.S.C. 1153(c)) is amended to read as follows:
            ``(2) Requirement of job offer and education or skilled 
        worker.--An alien is not eligible for a visa under this 
        subsection unless the alien--
                    ``(A) has a job offer in the United States which 
                has been verified;
                    ``(B) has at least a high school education or its 
                equivalent; and
                    ``(C) has at least 2 years of work experience in an 
                occupation which requires at least 2 years of 
                training.''.
    (d) Additional Provisions.--Section 203(c) (8 U.S.C. 1153) is 
further amended by adding at the end the following new paragraphs:
            ``(4) Fees.--Fees for the furnishing and verification of 
        applications for visas under this subsection and for the 
        issuance of visas under this subsection may be prescribed by 
        the Secretary of State in such amounts as are adequate to 
        compensate the Department of State for the costs of 
        administering the diversity immigrant program. Any such fees 
        collected may be deposited as an offsetting collection to the 
        appropriate Department of State appropriation to recover the 
        costs of such program and shall remain available for obligation 
        until expended.
            ``(5) Ineligibility of aliens unlawfully present in the 
        united states.--An alien who is unlawfully present in the 
        United States at the time of filing of an application, within 5 
        years prior to the filing of such application, or at any time 
        subsequent to the filing of the application is ineligible for a 
        visa under this subsection.''.

SEC. 515. 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. 516. 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 851(a)(3)(A), 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. 517. 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. 518. ADULT DISABLED CHILDREN.

    Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
            (1) in subparagraph (E) by striking ``or'' at the end,
            (2) in subparagraph (F) by striking the period at the end 
        and inserting ``; or'', and
            (3) by adding at the end the following new subparagraph:
            ``(G) a child of a citizen or national of the United States 
        or lawful permanent resident alien, regardless of age, who has 
        never been married, and who has a severe mental or physical 
        impairment, or combination of mental or physical impairments, 
        which--
                    ``(i) is likely to continue indefinitely; and
                    ``(ii) causes substantially total inability to 
                perform functions necessary for independent living, 
                including but not necessarily limited to 3 or more of 
                the following areas of major life activity--
                            ``(I) self-care,
                            ``(II) interpersonal communication,
                            ``(III) learning,
                            ``(IV) mobility, and
                            ``(V) self-direction:
        Provided, That no child may be considered to be a child within 
        the meaning of this subparagraph on the basis, in whole or in 
        part, of any physical or mental impairment that is not being 
        ameliorated through medical treatment to the maximum extent 
        reasonably possible given the ability and resources of such 
        child and the citizen, national, or lawful permanent resident 
        alien who is the child's parent.''.

SEC. 519. 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 ``to an 
                immediate relative status'' and inserting ``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 ``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(a)(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)(A)(i), by striking 
                ``paragraph (1), (3), or (4)'' and inserting 
                ``paragraph (2) or (3)'';
                    (B) in subsection (a)(1)(B)(i), by striking 
                ``section 203(a)(2)'' and inserting ``paragraph (1) or 
                (3) of section 203(a)(1)'';
                    (C) in clauses (ii) and (iii) of subsection 
                (a)(1)(B), by striking ``203(a)(2)(A)'' and inserting 
                ``203(a)(1)''; and
                    (D) 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) Subsection (d) of section 203 (8 U.S.C. 1153), 
                before redesignation by section 524(a)(1), 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)) and subsection (a)(1)(E)(ii) of 
                section 241 (8 U.S.C. 1251)), before redesignation as 
                section 237 under section 305(a)(2), are each 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 
                immigrant 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 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 or third 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 or third 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', `second family preference petition', 
                        and `third 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), 
                        203(a)(2), or 203(a)(3), respectively (as in 
                        effect on and after October 1, 1996).''.
    (c) Conforming Amendments Relating to Employment-Based 
Immigrants.--
            (1) Treatment of special k immigrants.--Subparagraph (B) of 
        section 203(b)(7) (8 U.S.C. 1153(b)(7)), as redesignated by 
        section 513(a)(1), is amended--
                    (A) in clause (i), by striking ``and (3) shall each 
                be reduced by \1/3\'' and inserting ``(3), and (4) 
                shall each be 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 ``(3) of this 
                subsection in the fiscal year shall be reduced by \1/
                3\'' and inserting ``(4) in the fiscal year 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), 203(b)(3), or 
                203(b)(4)'';
                    (C) in subparagraph (E)(i), by striking 
                ``203(b)(4)'' and inserting ``203(b)(6)''; and
                    (D) 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) or (3)'' and 
        inserting ``(3) or (4)''.
            (4) Other conforming amendments.--
                    (A) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is 
                amended by striking ``through (5)'' and inserting 
                ``through (6)''.
                    (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 851(a)(3)(A) of this Act, is 
                amended by striking ``203(b)(4)'' and inserting 
                ``203(b)(6)''.
                    (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) (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 2(d)(2)(A) of the Chinese Student 
                Protection Act of 1992 (Public Law 102-404) is amended 
                by striking ``203(b)(3)(A)(i)'' and inserting 
                ``203(b)(4)(B)''.
                    (F) 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)(3)(B)(i) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1153(b)(3)(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)(3) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2))''.
    (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, 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) Admissions in Emergency Refugee Situations and Timing of the 
Refugee Consultation Process.--
            (1) Section 207(b) (8 U.S.C. 1157(b)) and section 
        207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are amended by striking 
        ``unforeseen''.
            (2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by 
        striking ``Before the start of each fiscal year'' and inserting 
        ``Before June 1 of the preceding fiscal year''.
            (3) Section 207(e) (8 U.S.C. 1157(e)) is amended by adding 
        at the end the following:
``Such discussions shall occur before July 1 of the fiscal year 
preceding the fiscal year of admissions, except that discussions 
relating to an emergency refugee situation shall occur not more than 30 
days after the President proposes admissions in response to the 
emergency.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply beginning with fiscal year 1997.

SEC. 522. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 
              METHODS.

    (a) Definition of Refugee.--Section 101(a)(42) (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following: ``For 
purposes of determinations under this Act, a person who has been forced 
to abort a pregnancy or to undergo involuntary sterilization, or who 
has been persecuted for failure or refusal to undergo such a procedure 
or for other resistance to a coercive population control program, shall 
be deemed to have been persecuted on account of political opinion, and 
a person who has a well founded fear that he or she will be forced to 
undergo such a procedure or subject to persecution for such failure, 
refusal, or resistance shall be deemed to have a well founded fear of 
persecution on account of political opinion.''.
    (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)), as 
amended by section 532(b), is amended by adding at the end the 
following new paragraph:
    ``(4) For any fiscal year, not more than a total of 1,000 refugees 
may be admitted under this subsection or granted asylum under section 
208 pursuant to a determination under the last sentence of section 
101(a)(42) (relating to persecution for resistance to coercive 
population control methods).''.

SEC. 523. 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)(A) 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) 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) The Attorney General may parole an alien based on a reason 
deemed strictly in the public interest described in this subparagraph 
only if--
            ``(i) 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; or
            ``(ii) the alien is to be prosecuted in the United States 
        for a crime.
    ``(D) 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 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) 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 amendment made by subsection (a) shall 
apply to individuals paroled into the United States on or after the 
first day of the first month beginning more than 60 days after the date 
of the enactment of this Act.

SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.

    (a) In General.--Section 203 (8 U.S.C. 1153) is amended--
            (1) by redesignating subsections (d) through (g) as 
        subsections (e) through (h), respectively, and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Humanitarian Immigrants.--
            ``(1) In general.--Aliens subject to the worldwide 
        humanitarian level specified in section 201(e) 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.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following new subparagraph:
    ``(I) Any alien desiring to be provided an immigrant visa under 
section 203(d) 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.--Subsection (f) of section 203 (8 
U.S.C. 1153), as redesignated by subsection (a)(1), is amended by 
redesignating paragraph (3) as paragraph (4) and by inserting after 
paragraph (2) the following new paragraph:
    ``(3) Immigrant visa numbers made available under subsection (d) 
(relating to humanitarian immigrants) shall be issued to eligible 
immigrants in an order specified by the Attorney General.''.
    (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(d) 
        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 sections 621(a) and 
        512(b), by adding at the end the following new subparagraph:
                    ``(E) 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(d).'';
            (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(d)''; 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(d).''.
    (f) Conforming Amendment.--Section 216(g)(1) (8 U.S.C. 1186a(g)(1)) 
is amended by striking ``203(d)'' and inserting ``203(e)''.

                       Subtitle D--Asylum Reform

                                                    Title V, Subtitle D

SEC. 531. ASYLUM REFORM.

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

                                ``asylum

    ``Sec. 208. (a) Authority To Apply for Asylum.--
            ``(1) In general.--Any alien who is physically present in 
        the United States or who arrives in the United States (whether 
        or not at a designated port of arrival), irrespective of such 
        alien's status, may apply for asylum in accordance with this 
        section.
            ``(2) Exceptions.--
                    ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General determines 
                that the alien may be removed, including pursuant to a 
                bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien would have access to a 
                full and fair procedure for determining a claim to 
                asylum or equivalent temporary protection, unless the 
                Attorney General finds that it is in the public 
                interest for the alien to receive asylum in the United 
                States.
                    ``(B) Time limit.--Paragraph (1) shall not apply to 
                an alien unless the alien demonstrates by clear and 
                convincing evidence that the application has been filed 
                within 30 days after the alien's arrival in the United 
                States.
                    ``(C) Previous asylum applications.--Paragraph (1) 
                shall not apply to an alien if the alien has previously 
                applied for asylum and had such application denied.
                    ``(D) Changed conditions.--An application for 
                asylum of an alien may be considered, notwithstanding 
                subparagraphs (B) and (C), if the alien demonstrates to 
                the satisfaction of the Attorney General the existence 
                of fundamentally changed circumstances which affect the 
                applicant's eligibility for asylum.
            ``(3) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
    ``(b) Conditions for Granting Asylum.--
            ``(1) In general.--The Attorney General may grant asylum to 
        an alien who has applied for asylum in accordance with the 
        requirements and procedures established by the Attorney General 
        under this section if the Attorney General determines that such 
        alien is a refugee within the meaning of section 101(a)(42)(A).
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                            ``(v) the alien is inadmissible under 
                        subclause (I), (II), (III), or (IV) of section 
                        212(a)(3)(B)(i) or removable under section 
                        237(a)(4)(B) (relating to terrorist activity), 
                        unless, in the case only of an alien 
                        inadmissible under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or
                            ``(vi) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States.
                    ``(B) Special rules.--
                            ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), an 
                        alien who has been convicted of an aggravated 
                        felony shall be considered to have been 
                        convicted of a particularly serious crime.
                            ``(ii) Offenses.--The Attorney General may 
                        designate by regulation offenses that will be 
                        considered to be a crime described in clause 
                        (ii) or (iii) of subparagraph (A).
                    ``(C) Additional limitations.--The Attorney General 
                may by regulation establish additional limitations and 
                conditions under which an alien shall be ineligible for 
                asylum under paragraph (1).
                    ``(D) No judicial review.--There shall be no 
                judicial review of a determination of the Attorney 
                General under subparagraph (A)(v).
            ``(3) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of 
        an alien who is granted asylum under this subsection may, if 
        not otherwise eligible for asylum under this section, be 
        granted the same status as the alien if accompanying, or 
        following to join, such alien.
    ``(c) Asylum Status.--
            ``(1) In general.--In the case of an alien granted asylum 
        under subsection (b), the Attorney General--
                    ``(A) shall not remove or return the alien to the 
                alien's country of nationality or, in the case of a 
                person having no nationality, the country of the 
                alien's last habitual residence;
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with appropriate endorsement of that authorization; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(2) Termination of asylum.--Asylum granted under 
        subsection (b) does not convey a right to remain permanently in 
        the United States, and may be terminated if the Attorney 
        General determines that--
                    ``(A) the alien no longer meets the conditions 
                described in subsection (b)(1) owing to a fundamental 
                change in circumstances;
                    ``(B) the alien meets a condition described in 
                subsection (b)(2);
                    ``(C) the alien may be removed, including pursuant 
                to a bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien cannot establish that it is more likely 
                than not that the alien's life or freedom would be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                    ``(D) the alien has voluntarily availed himself or 
                herself of the protection of the alien's country of 
                nationality or, in the case of an alien having no 
                nationality, the alien's country of last habitual 
                residence, by returning to such country with permanent 
                resident status or the reasonable possibility of 
                obtaining such status with the same rights and 
                obligations pertaining to other permanent residents of 
                that country; or
                    ``(E) the alien has acquired a new nationality and 
                enjoys the protection of the country of his new 
                nationality.
            ``(3) Removal when asylum is terminated.--An alien 
        described in paragraph (2) is subject to any applicable grounds 
        of inadmissibility or deportability under section 212(a) and 
        237(a), and the alien's removal or return shall be directed by 
        the Attorney General in accordance with sections 240 and 241.
            ``(4) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
    ``(d) Asylum Procedure.--
            ``(1) Applications.--The Attorney General shall establish a 
        procedure for the consideration of asylum applications filed 
        under subsection (a). An application for asylum shall not be 
        considered unless the alien submits fingerprints and a 
        photograph in a manner to be determined by regulation by the 
        Attorney General.
            ``(2) Employment.--An applicant for asylum is not entitled 
        to employment authorization, but such authorization may be 
        provided under regulation by the Attorney General. An applicant 
        who is not otherwise eligible for employment authorization 
        shall not be granted such authorization prior to 180 days after 
        the date of filing of the application for asylum.
            ``(3) Fees.--The Attorney General may impose fees for the 
        consideration of an application for asylum, for employment 
        authorization under this section, and for adjustment of status 
        under section 209(b). The Attorney General may provide for the 
        assessment and payment of such fees over a period of time or by 
        installments. Nothing in this paragraph shall be construed to 
        require the Attorney General to charge fees for adjudication 
        services provided to asylum applicants, or to limit the 
        authority of the Attorney General to set adjudication and 
        naturalization fees in accordance with section 286(m).
            ``(4) Notice of privilege of counsel and consequences of 
        frivolous application.--At the time of filing an application 
        for asylum, the Attorney General shall--
                    ``(A) advise the alien of the privilege of being 
                represented by counsel and of the consequences, under 
                paragraph (6), of knowingly filing a frivolous 
                application for asylum; and
                    ``(B) provide the alien a list of persons (updated 
                not less often than quarterly) who have indicated their 
                availability to represent aliens in asylum proceedings 
                on a pro bono basis.
            ``(5) Consideration of asylum applications.--
                    ``(A) Procedures.--The procedure established under 
                paragraph (1) shall provide that--
                            ``(i) asylum cannot be granted until the 
                        identity of the applicant has been checked 
                        against all appropriate records or databases 
                        maintained by the Attorney General and by the 
                        Secretary of State, including the Automated 
                        Visa Lookout System, to determine any grounds 
                        on which the alien may be inadmissible to or 
                        deportable from the United States, or 
                        ineligible to apply for or be granted asylum;
                            ``(ii) in the absence of exceptional 
                        circumstances, the initial interview or hearing 
                        on the asylum application shall commence not 
                        later than 45 days after the date an 
                        application is filed;
                            ``(iii) in the absence of exceptional 
                        circumstances, final administrative 
                        adjudication of the asylum application, not 
                        including administrative appeal, shall be 
                        completed within 180 days after the date an 
                        application is filed;
                            ``(iv) any administrative appeal shall be 
                        filed within 30 days of a decision granting or 
                        denying asylum, or within 30 days of the 
                        completion of removal proceedings before an 
                        immigration judge under section 240, whichever 
                        is later; and
                            ``(v) in the case of an applicant for 
                        asylum who fails without prior authorization or 
                        in the absence of exceptional circumstances to 
                        appear for an interview or hearing, including a 
                        hearing under section 240, the application may 
                        be dismissed or the applicant may be otherwise 
                        sanctioned for such failure.
                    ``(B) Additional regulatory conditions.--The 
                Attorney General may provide by regulation for any 
                other conditions or limitations on the consideration of 
                an application for asylum not inconsistent with this 
                Act.
            ``(6) Frivolous applications.--
                    ``(A) In general.--If the Attorney General 
                determines that an alien has knowingly made a frivolous 
                application for asylum and the alien has received the 
                notice under paragraph (4)(A), the alien shall be 
                permanently ineligible for any benefits under this Act, 
                effective as of the date of a final determination on 
                such application.
                    ``(B) Material misrepresentations.--An application 
                shall be considered to be frivolous if the Attorney 
                General determines that the application contains a 
                willful misrepresentation or concealment of a material 
                fact.
            ``(7) No private right of action.--Nothing in this 
        subsection shall be construed to create any substantive or 
        procedural right or benefit that is legally enforceable by any 
        party against the United States or its agencies or officers or 
        any other person.''.
    (b) Conforming and Clerical Amendments.--
            (1) The item in the table of contents relating to section 
        208 is amended to read as follows:

``Sec. 208. Asylum.''.
            (2) Section 104(d)(1)(A) of the Immigration Act of 1990 
        (Public Law 101-649) is amended by striking ``208(b)'' and 
        inserting ``208''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for asylum filed on or after the first day of the 
first month beginning more than 180 days after the date of the 
enactment of this Act.

SEC. 532. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 EACH YEAR.

    (a) In General.--Section 209(b) (8 U.S.C. 1159(b)) is amended by 
striking ``Not more than'' and all that follows through ``adjust'' 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''.
    (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 1157(a)) is 
amended by striking paragraph (4).
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1996.

SEC. 533. 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.

       Subtitle E--General Effective Date; Transition Provisions

                                                    Title V, Subtitle E

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), 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)(3), 203(b)(4)(B), 
        203(b)(4)(C), 203(b)(6), or 203(b)(5), 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, immigrant visa numbers in a number not to exceed 
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 through 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)).
    (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(e) 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).

SEC. 555. AUTHORIZATION OF REIMBURSEMENT OF PETITIONERS FOR ELIMINATED 
              FAMILY-SPONSORED CATEGORIES.

    (a) In General.--Subject to the availability of appropriations, 
after the effective date of this title, the Attorney General shall 
establish a process to provide for the reimbursement to each petitioner 
of all fees paid to the United States, and which were required to be 
paid under the Immigration and Nationality Act, for a petition, which 
was not disapproved as of such date and for which a visa has not been 
issued, for a family-sponsored immigrant category which is eliminated 
by this title or the amendments made by this title. Any such process 
shall provide that such a petitioner shall present any required 
documentation or other proof of such claim, in person, to the 
Immigration and Naturalization Service.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

             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.--
                    (A) In general.--Any one of the documents described 
                in subparagraph (B) may be used as proof of identity 
                under this subsection if the document is current and 
                valid. No other document or documents shall be 
                sufficient to prove identity.
                    (B) Documents described.--The documents described 
                in this subparagraph are the following:
                            (i) A United States passport (either 
                        current or expired if issued both within the 
                        previous 20 years and after the individual 
                        attained 18 years of age).
                            (ii) A resident alien card.
                            (iii) A State driver's license, if 
                        presented with the individual's social security 
                        account number card.
                            (iv) A 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.
    (e) Exception for Battered Aliens.--
            (1) Exception.--The limitations on eligibility for benefits 
        under subsection (a) or (b) shall not apply to an alien if--
                    (A)(i) the alien has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or
                    (ii) the alien's child has been battered or subject 
                to extreme cruelty in the United States by a spouse or 
                parent of the alien (without the active participation 
                of the alien in the battery or extreme cruelty) or by a 
                member of the spouse or parent's family residing in the 
                same household as the alien when the spouse or parent 
                consented or acquiesced to, and the alien did not 
                actively participate in, such battery or cruelty; and
                    (B)(i) the alien has petitioned (or petitions 
                within 45 days after the first application for 
                assistance subject to the limitations under subsection 
                (a) or (b)) for--
                            (I) status as a spouse or child of a United 
                        States citizen pursuant to clause (ii), (iii), 
                        or (iv) of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act,
                            (II) classification pursuant to clauses 
                        (ii) or (iii) of section 204(a)(1)(B) of such 
                        Act, or
                            (III) cancellation of removal and 
                        adjustment of status pursuant to section 
                        240A(b)(2) of such Act ; or
                    (ii) the alien is the beneficiary of a petition 
                filed for status as a spouse or child of a United 
                States citizen pursuant to clause (i) of section 
                204(a)(1)(A) of the Immigration and Nationality Act, or 
                of a petition filed for classification pursuant to 
                clause (i) of section 204(a)(1)(B) of such Act.
            (2) Termination of exception.--The exception under 
        paragraph (1) shall terminate if no complete petition which 
        sets forth a prima facie case is filed pursuant to the 
        requirement of paragraph (1)(B) or (1)(C) or when an petition 
        is denied.

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 recipients of 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 relief.--The provision of non-
        cash, in-kind, short-term emergency relief.
            (4) Family violence services.--The provision of any 
        services directly related to assisting the victims of domestic 
        violence or child abuse.
            (5) School lunch act.--Programs carried out under the 
        National School Lunch Act.
            (6) Child nutrition act.--Programs of assistance under the 
        Child Nutrition Act of 1966.

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 (including a 
nonprofit hospital that is eligible for an additional payment 
adjustment under section 1886 of the Social Security Act) or through 
contract with another hospital or facility to an individual who is an 
alien not lawfully present in the United States is 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. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL 
              STUDENT FINANCIAL ASSISTANCE.

    No student shall be eligible for postsecondary Federal student 
financial assistance unless the student has certified that the student 
is a citizen or national of the United States or an alien lawfully 
admitted for permanent residence and the Secretary of Education has 
verified such certification through an appropriate procedure determined 
by the Attorney General.

SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

    In carrying out this part, the payment or provision of benefits 
(other than those described in section 603 under a program of 
assistance described in section 601(a)(1)) shall be made only through 
an individual or person who is not ineligible to receive such benefits 
under such program on the basis of immigration status pursuant to the 
requirements and limitations of this part.

SEC. 608. 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. 609. 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 change after 
opportunity for 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)(5)(B)) 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 subsection (a) of section 241 (8 
U.S.C. 1251(a)), before redesignation as section 237 by section 
305(a)(2), 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.--
                            ``(i) In general.--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, except as provided in clauses 
                        (ii) and (iii), 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.
                            ``(ii) Determination with respect to 
                        battered women and children.--For purposes of a 
                        determination under clause (i) and except as 
                        provided in clause (iii), the aggregate period 
                        shall be 48 months within 7 years after the 
                        date of entry if the alien can demonstrate that 
                        (I) the alien has been battered or subject to 
                        extreme cruelty in the United States by a 
                        spouse or parent, or by a member of the spouse 
                        or parent's family residing in the same 
                        household as the alien and the spouse or parent 
                        consented or acquiesced to such battery or 
                        cruelty, or (II) the alien's child has been 
                        battered or subject to extreme cruelty in the 
                        United States by a spouse or parent of the 
                        alien (without the active participation of the 
                        alien in the battery or extreme cruelty), or by 
                        a member of the spouse or parent's family 
                        residing in the same household as the alien 
                        when the spouse or parent consented or 
                        acquiesced to and the alien did not actively 
                        participate in such battery or cruelty, and the 
                        need for the public benefits received has a 
                        substantial connection to the battery or 
                        cruelty described in subclause (I) or (II).
                            ``(iii) Special rule for ongoing battery or 
                        cruelty.--For purposes of a determination under 
                        clause (i), the aggregate period may exceed 48 
                        months within 7 years after the date of entry 
                        if the alien can demonstrate that any battery 
                        or cruelty under clause (ii) is ongoing, has 
                        led to the issuance of an order of a judge or 
                        an administrative law judge or a prior 
                        determination of the Service, and that the need 
                        for the benefits received has a substantial 
                        connection to such battery or cruelty.
                    ``(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) Medicaid.--The program of medical 
                        assistance under title XIX of the Social 
                        Security Act.
                            ``(iv) Food stamps.--The program under the 
                        Food Stamp Act of 1977.
                            ``(v) State general cash assistance.--A 
                        program of general cash assistance of any State 
                        or political subdivision of a State.
                            ``(vi) 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 relief.--The 
                        provision of non-cash, in-kind, short-term 
                        emergency 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 (which is subsequently redesignated as section 
237(a)(5)(C) of such 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 203(a)(2) of the Immigration and Nationality Act, as 
        amended by section 512(a), 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 
        201(b)(2) of 203(a)(1) of the Immigration and Nationality Act 
        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 201(b)(2) of 203(a)(1) of the Immigration and 
        Nationality Act 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 so 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).
            (5) Battered women and children.--Notwithstanding any other 
        provision of this section, subsections (a) and (c) shall not 
        apply and the period of attribution of the income and resources 
        of any individual under paragraphs (1) or (2) of subsection (a) 
        or paragraph (1) shall not apply--
                    (A) for up to 48 months if the alien can 
                demonstrate that (i) the alien has been battered or 
                subject to extreme cruelty in the United States by a 
                spouse or parent, or by a member of the spouse or 
                parent's family residing in the same household as the 
                alien and the spouse or parent consented or acquiesced 
                to such battery or cruelty, or (ii) the alien's child 
                has been battered or subject to extreme cruelty in the 
                United States by a spouse or parent of the 
alien (without the active participation of the alien in the battery or 
extreme cruelty), or by a member of the spouse or parent's family 
residing in the same household as the alien when the spouse or parent 
consented or acquiesced to and the alien did not actively participate 
in such battery or cruelty, and need for the public benefits applied 
for has a substantial connection to the battery or cruelty described in 
clause (i) or (ii); and
                    (B) for more than 48 months if the alien can 
                demonstrate that any battery or cruelty under 
                subparagraph (A) is ongoing, has led to the issuance of 
                an order of a judge or an administrative law judge or a 
                prior determination of the Service, and that need for 
                such benefits has a substantial connection to such 
                battery or cruelty.
    (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, subject to 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 203(a)(2) 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 201(b)(2) or 
203(a)(2) 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 
201(b)(2) or section 203(a)(2) 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 so 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, (i) 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), or (ii) for an individual who is on active 
                duty (other than active duty for training) in the Armed 
                Forces of the United States, the means to maintain an 
                annual income equal to at least 100 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 (or is an individual who accepts 
                joint and several liability with the petitioner).
            ``(2) Federal poverty line.--The term `Federal poverty 
        line' means the income official poverty line (as defined in 
        section 673(2) of the Community Services Block Grant Act) 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 (8 
U.S.C. 1427) is amended--
            (1) in subsection (a), by striking ``and'' before ``(3)'', 
        and by inserting before the period at the end the following: 
        ``, and (4) in the case of an applicant that has received 
        assistance under a means-tested public benefits program (as 
        defined in subsection (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, except as provided in 
        subsection (g)''; and
            (2) by adding at the end the following new subsection:
    ``(g) Clause (4) of subsection (a) shall not apply to an applicant 
where the applicant can demonstrate that--
            ``(A) either--
                    ``(i) the applicant has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent or by a member of the spouse or parent's family 
                residing in the same household as the applicant and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or
                    ``(ii) the applicant's child has been battered or 
                subject to extreme cruelty in the United States by the 
                applicant's spouse or parent (without the active 
                participation of the applicant in the battery or 
                extreme cruelty), or by a member of the spouse or 
                parent's family residing in the same household as the 
                applicant when the spouse or parent consented or 
                acquiesced to and the applicant did not actively 
                participate in such battery or cruelty;
            ``(B) such battery or cruelty has led to the issuance of an 
        order of a judge or an administrative law judge or a prior 
        determination of the Service; and
            ``(C) the need for the public benefits received as to which 
        amounts are owing had a substantial connection to the battery 
        or cruelty described in subparagraph (A).''.
    (d) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 213 the following:

``Sec. 213A.  Requirements for sponsor's affidavit of support.''.
    (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 construction of which 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, as amended by 
section 308(a)(2), is further 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

     Subtitle A--Amendments to the Immigration and Nationality Act

                                                 Title VIII, Subtitle A

SEC. 801. 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. 802. 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(a) 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. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    (a) In General.--Section 202(a) (8 U.S.C. 1152(a)), as amended by 
section 524(d), is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (6)'', and
            (2) by adding at the end the following new paragraph:
            ``(6) 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) Provisions Relating to Wage Determinations.--Section 212(n) (8 
U.S.C. 1182(n)) is amended by adding at the end the following new 
paragraphs:
    ``(3) For purposes of determining the actual wage level 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.
    ``(4) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of more than 
1,000 full-time equivalent employees in the United States may 
demonstrate that in determining the wages of H-1B nonimmigrants, it 
utilizes a compensation and benefits system that has been previously 
certified by the Secretary of Labor (and recertified at such intervals 
the Secretary of Labor may designate) to satisfy all of the following 
conditions:
            ``(A) The employer has a company-wide compensation policy 
        for its full-time equivalent employees which ensures salary 
        equity among employees similarly employed.
            ``(B) The employer has a company-wide benefits policy under 
        which all full-time equivalent employees similarly employed are 
        eligible for substantially the same benefits or under which 
        some employees may accept higher pay, at least equal in value 
        to the benefits, in lieu of benefits.
            ``(C) The compensation and benefits policy is communicated 
        to all employees.
            ``(D) The employer has a human resources or compensation 
        function that administers its compensation system.
            ``(E) The employer has established documentation for the 
        job categories in question.
An employer's payment of wages consistent with a system which meets the 
conditions of subparagraphs (A) through (E) of this paragraph which has 
been certified by the Secretary of Labor pursuant to this paragraph 
shall be deemed to satisfy the requirements of paragraph (1)(A)(i)(I).
    ``(5) For purposes of determining the prevailing wage level paid 
under paragraph (1)(A)(i)(II), employers may provide a published 
survey, a State Employment Security Agency determination, a 
determination by an accepted private source, or any other legitimate 
source. The Secretary of Labor shall, not later than 180 days from the 
date of enactment of this paragraph, provide for acceptance of 
prevailing wage determinations not made by a State Employment Security 
Agency. The Secretary of Labor or the Secretary's designate must either 
accept such a non-State Employment Security Agency wage determination 
or issue a written decision rejecting the determination and detailing 
the legitimate reasons that the determination is not acceptable. If a 
detailed rejection is not issued within 45 days of the date of the 
Secretary's receipt of such determination, the determination will be 
deemed accepted. An employer's payment of wages consistent with a 
prevailing wage determination not rejected by the Secretary of Labor 
under this paragraph shall be deemed to satisfy the requirements of 
paragraph (1)(A)(i)(II).''.
    (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 subparagraphs:
    ``(E) In this subsection, the term `H-1B-dependent employer' means 
an employer that--
            ``(i)(I) has fewer than 21 full-time equivalent employees 
        who are employed in the United States, and (II) employs 4 or 
        more H-1B nonimmigrants; or
            ``(ii)(I) has at least 21 but not more than 150 full-time 
        equivalent employees who are employed in the United States, and 
        (II) employs H-1B nonimmigrants in a number that is equal to at 
        least 20 percent of the number of such full-time equivalent 
        employees; or
            ``(iii)(I) has at least 151 full-time equivalent employees 
        who are employed in the United States, and (II) employs H-1B 
        nonimmigrants in a number that is equal to at least 15 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. Aliens 
employed under a petition for H-1B nonimmigrants shall be treated as 
employees, and counted as nonimmigrants under section 
101(a)(15)(H)(i)(b) under this subparagraph. In this subsection, the 
term `non-H-1B-dependent employer' means an employer that is not an H-
1B-dependent employer.
    ``(F)(i) An employer who is an H-1B-dependent employer as defined 
in subparagraph (E) can nevertheless be treated as a non-H-1B-dependent 
employer for five years on a probationary status if--
            ``(I) the employer has demonstrated to the satisfaction of 
        the Secretary of Labor that it has developed a reasonable plan 
        for reducing its use of H-1B nonimmigrants over a five-year 
        period to the level of a non-H-1B-dependent employer, and
            ``(II) annual reviews of that plan by the Secretary of 
        Labor indicate successful implementation of that plan.
If the employer has not met the requirements established in this 
clause, the probationary status ends and the employer shall be treated 
as an H-1B-dependent employer until such time as the employer can prove 
to the Secretary of Labor that it no longer is an H-1B-dependent 
employer as defined in subparagraph (E).
    ``(ii) The probationary program set out in clause (i) shall be 
effective for no longer than five years after the date of the enactment 
of 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 by subsection (a), is further amended by adding at the 
        end the following new paragraph:
    ``(6) In carrying out this subsection in the case of an employer 
that is a non-H-1B-dependent employer--
            ``(A) the employer is not required to post a notice at a 
        worksite that was not listed on the application under paragraph 
        (1) if the worksite is within the area of intended employment 
        listed on such application for such nonimmigrant; and
            ``(B) if the employer has filed and had certified an 
        application under paragraph (1) with respect to one or more H-
        1B nonimmigrants 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 
                either (I) 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, or (II) each such nonimmigrant's 
                principal place of employment has not changed to a 
                nonlisted area, 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)) or when conducting an annual review of a plan 
                pursuant to subparagraph (F)(i) if there appears to be 
                a violation of an attestation or a misrepresentation of 
                a material fact in an application'', and
                    (B) by inserting after the second sentence the 
                following new sentence: ``No investigation or hearing 
                shall be conducted with respect to a non-H-1B-dependent 
                employer except in response to a complaint filed under 
                the previous sentence.''.
    (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, within the period beginning 6 
        months before and ending 90 days following the date of filing 
        of the application or during the 90 days immediately preceding 
        and following the date of filing of any visa petition supported 
        by the application, has laid off or lays off any protected 
        individual with substantially equivalent qualifications and 
        experience in the specific employment as to which the 
        nonimmigrant is sought or is employed, the employer will pay a 
        wage to the nonimmigrant that is at least 110 percent of the 
        arithmetic mean of the last wage earned by all such laid off 
        individuals (or, if greater, at least 110 percent of the 
        arithmetic mean of the highest wage earned by all such laid off 
        individuals within the most recent year if the employer reduced 
        the wage of any such laid off individual during such year other 
        than in accordance with a general company-wide reduction of 
        wages for substantially all employees).
            ``(ii) Except as provided in clause (iii), in the case of 
        an H-1B-dependent employer which employs an H-1B nonimmigrant, 
        the employer shall not place the nonimmigrant with another 
        employer where--
                    ``(I) the nonimmigrant performs his or her duties 
                in whole or in part at one or more worksites owned, 
                operated, or controlled by such other employer, and
                    ``(II) there are indicia of an employment 
                relationship between the nonimmigrant and such other 
                employer.
            ``(iii) Clause (ii) shall not apply to an employer's 
        placement of an H-1B nonimmigrant with another employer if--
                    ``(I) the other employer has executed an 
                attestation that it, within the period beginning 6 
                months before and ending 90 days following the date of 
                filing of the application or during the 90 days 
                immediately preceding and following the date of filing 
                of any visa petition supported by the application, has 
                not laid off and will not lay off any protected 
                individual with substantially equivalent qualifications 
                and experience in the specific employment as to which 
                the H-1B nonimmigrant is being sought or is employed, 
                or
                    ``(II) the employer pays a wage to the nonimmigrant 
                that is at least 110 percent of the arithmetic mean of 
                the last wage earned by all such laid off individuals 
                (or, if greater, at least 110 percent of the arithmetic 
                mean of the highest wage earned by all such laid off 
                individuals within the most recent year if the other 
                employer reduced the wage of any such laid off 
                individual during such year other than in accordance 
                with a general company-wide reduction of wages for 
                substantially all employees).
            ``(iv) For purposes of this subparagraph, the term `laid 
        off', with respect to an individual--
                    ``(I) refers to the individual's loss of 
                employment, other than a discharge for inadequate 
                performance, cause, voluntary departure, or retirement, 
                and
                    ``(II) does not include any situation in which the 
                individual involved is offered, as an alternative to 
                such loss of employment, a similar job opportunity with 
                the same employer (or with the H-1B-dependent employer 
                described in clause (ii)) carrying equivalent or higher 
                compensation and benefits as the position from which 
                the employee was laid off, regardless of whether or not 
                the employee accepts the offer.
            ``(v) For purposes of this subparagraph, the term 
        `protected individual' means an individual who--
                    ``(I) is a citizen or national of the United 
                States, or
                    ``(II) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of an alien 
                lawfully admitted for temporary residence under section 
                210(a), 210A(a), or 245(a)(1), is admitted as a refugee 
                under section 207, or is granted asylum under section 
                208.''.
    (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
subsection (b)(1), is amended by adding at the end the following new 
subparagraph:
    ``(G) 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)(iii)(I) in the same manner that they apply to complaints 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) Increased Penalties.--Section 212(n)(2) is amended--
            (1) in subparagraph (C)(i), by striking ``$1,000'' and 
        inserting ``$5,000'';
            (2) by amending subparagraph (C)(ii) to read as follows:
            ``(ii) the Attorney General shall not approve petitions 
        filed with respect to that employer (or any employer who is a 
        successor in interest) under section 204 or 214(c) for aliens 
        to be employed by the employer--
                    ``(I) during a period of at least 1 year in the 
                case of the first determination of a violation or any 
                subsequent determination of a violation occurring 
                within 1 year of that first violation or any subsequent 
                determination of a nonwillful violation occurring more 
                than 1 year after the first violation;
                    ``(II) during a period of at least 5 years in the 
                case of a determination of a willful violation 
                occurring more than 1 year after the first violation; 
                and
                    ``(III) at any time in the case of a determination 
                of a willful violation occurring more than 5 years 
                after a violation described in subclause (II).''; and
            (3) in subparagraph (D), by adding at the end the 
        following: ``If a penalty under subparagraph (C) has been 
        imposed in the case of a willful violation, the Secretary shall 
        impose on the employer a civil monetary penalty in an amount 
        equalling twice the amount of backpay.''.
    (e) Computation of Prevailing Wage Level.--Section 212(n) (8 U.S.C. 
1182(n)), as amended by subsections (a) and (b)(2), is further amended 
by adding at the end the following new paragraph:
    ``(7) 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 
(A) 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, or (B) a nonprofit scientific research organization, 
the prevailing wage level shall only take into account employees at 
such institutions and entities in the area of employment.''.
    (f) Conforming Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is 
further amended--
            (1) in the matter in paragraph (1) before subparagraph (A), 
        by inserting ``(in this subsection referred to as an `H-1B 
        nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
            (2) in paragraph (1)(A), by striking ``nonimmigrant 
        described in section 101(a)(15)(H)(i)(b)'' and inserting ``H-1B 
        nonimmigrant''.
    (g) 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 19, 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)(1) (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 by striking all that follows ``equalling'' through 
``application,'' and inserting ``$2,500''.
    (b) Elimination of Limitation.--Section 212 (8 U.S.C. 1182) is 
amended by striking subsection (o).
    (c) Effective Date.--The amendments made by this section shall 
apply to applications for adjustment of status filed after September 
30, 1996.

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 an application to 
        a Federal court of competent jurisdiction for, and a judge of 
        such court may grant, an order authorizing 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; or
                    ``(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.''; 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) but only for purposes of a determination of 
                whether the applicant is eligible for relief from 
                deportation or removal and not otherwise.
                    ``(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.
                    ``(iv) The date or disposition of 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 permitted 
        under paragraph (6)(B)'' after ``consent of the alien''; and
            (2) in paragraph (6)--
                    (A) in subparagraph (A), by striking the period at 
                the end and inserting a comma,
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively,
                    (C) by striking ``Neither'' and inserting ``(A) 
                Except as provided in subparagraph (B), neither'',
                    (D) by striking ``Anyone'' and inserting the 
                following:
            ``(C) Anyone'',
                    (E) by inserting after the first sentence the 
                following:
            ``(B) The Attorney General may authorize an application to 
        a Federal court of competent jurisdiction for, and a judge of 
        such court may grant, an order authorizing 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, or
                    ``(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.'', and
                    (F) 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.
                    ``(iv) The date or disposition of the 
                application.''.

SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

    Section 248 (8 U.S.C. 1258) is amended by inserting at the end the 
following:
``Any alien whose status is changed under this section may apply to the 
Secretary of State for a visa without having to leave the United States 
and apply at the visa office.''.

                      Subtitle B--Other Provisions

                                                 Title VIII, Subtitle B

SEC. 831. 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. 832. 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 2 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. 833. 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, of an alien in the United States. Notwithstanding any other 
provision of Federal, State, or local law (and excepting the attorney-
client privilege), no State or local government entity may be 
prohibited, or in any way restricted, from sending to or receiving from 
the Immigration and Naturalization Service information regarding the 
immigration status, lawful or unlawful, of an alien in the United 
States.

SEC. 834. 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. 835. FEMALE GENITAL MUTILATION.

    (a) Information Regarding Female Genital Mutilation.--The 
Immigration and Naturalization Service (in cooperation with the 
Department of State) shall make available for all aliens who are issued 
immigrant or nonimmigrant visas, prior to or at the time of entry into 
the United States, the following information:
            (1) Information on the severe harm to physical and 
        psychological health caused by female genital mutilation which 
        is compiled and presented in a manner which is limited to the 
        practice itself and respectful to the cultural values of the 
        societies in which such practice takes place.
            (2) Information concerning potential legal consequences in 
        the United States for (A) performing female genital mutilation, 
        or (B) allowing a child under his or her care to be subjected 
        to female genital mutilation, under criminal or child 
        protection statutes or as a form of child abuse.
    (b) Limitation.--In consultation with the Secretary of State, the 
Commissioner of Immigration and Naturalization shall identify those 
countries in which female genital mutilation is commonly practiced and, 
to the extent practicable, limit the provision of information under 
subsection (a) to aliens from such countries.
    (c) Definition.--For purposes of this section, the term ``female 
genital mutilation'' means the removal or infibulation (or both) of the 
whole or part of the clitoris, the labia minora, or labia majora.

SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER PILOT PROGRAM 
              COUNTRY WITH PROBATIONARY STATUS.

    Notwithstanding any other provision of law, Portugal is designated 
as a visa waiver pilot program country with probationary status under 
section 217(g) of the Immigration and Nationality Act for each of the 
fiscal years 1996, 1997, and 1998.

                                                 Title VIII, Subtitle C

                   Subtitle C--Technical Corrections

SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Amendments Relating to Public Law 103-322 (Violent Crime 
Control and Law Enforcement Act of 1994).--
            (1) Section 60024(1)(F) of the Violent Crime Control and 
        Law Enforcement Act of 1994 (Public Law 103-322) (in this 
        subsection referred to as ``VCCLEA'') is amended by inserting 
        ``United States Code,'' after ``title 18,''.
            (2) Section 130003(b)(3) of VCCLEA is amended by striking 
        ``Naturalization'' and inserting ``Nationality''.
            (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 130003(b)(2) 
        of VCCLEA (108 Stat. 2025), and the subsection (k), 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)''.
            (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 130003(c)(1) 
        of VCCLEA as subsection (j).
            (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA 
        and before redesignation by section 305(a)(2), is amended by 
        striking ``245(i)'' and inserting ``245(j)''.
            (5) Section 245(j)(3), as added by section 130003(c)(1) of 
        VCCLEA and as redesignated by paragraph (4)(A), is amended by 
        striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
        (1) or (2)''.
            (6) Section 130007(a) of VCCLEA is amended by striking 
        ``242A(d)'' and inserting ``242A(a)(3)''.
            (7) The amendments made by this subsection shall be 
        effective as if included in the enactment of the VCCLEA.
    (b) Amendments Relating to Immigration and Nationality Technical 
Corrections Act of 1994.--
            (1) Section 101(d) of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) (in this 
        subsection referred to as ``INTCA'') is amended--
                    (A) by striking ``Application'' and all that 
                follows through ``This'' and inserting ``Applicability 
                of Transmission Requirements.--This'';
                    (B) by striking ``any residency or other retention 
                requirements for'' and inserting ``the application of 
                any provision of law relating to residence or physical 
                presence in the United States for purposes of 
                transmitting United States''; and
                    (C) by striking ``as in effect'' and all that 
                follows through the end and inserting ``to any person 
                whose claim is based on the amendment made by 
                subsection (a) or through whom such a claim is 
                derived.''.
            (2) Section 102 of INTCA is amended by adding at the end 
        the following 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)(5), 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(a)(2), is amended by striking 
        subparagraph (F).
            (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
        Reform and Control Act of 1986 are each amended by striking ``, 
        210A,''.
    (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(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
        striking ``, 321, and 322'' and inserting ``and 321''.
            (3) 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''.
            (4) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is 
        amended by inserting a period after ``expended''.
            (5) 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''.
            (6) 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''.
                                 <all>
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