[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2716 Introduced in House (IH)]







105th CONGRESS
  1st Session
                               H. R. 2716

To revise, codify, and enact without substantive change certain general 
  and permanent laws, related to aliens and nationality, as title 8, 
            United States Code, ``Aliens and Nationality''.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 1997

   Mr. Hyde introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To revise, codify, and enact without substantive change certain general 
  and permanent laws, related to aliens and nationality, as title 8, 
            United States Code, ``Aliens and Nationality''.

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

SECTION 1. TITLE 8, UNITED STATES CODE.

  Certain general and permanent laws of the United States, related to 
aliens and nationality, are revised, codified, and enacted as title 8, 
United States Code, ``Aliens and Nationality'', as follows:

                    TITLE 8--ALIENS AND NATIONALITY

Subtitle                                                            Sec.

GENERAL..............................................................101
ALIENS..............................................................2101
UNLAWFUL EMPLOYMENT PRACTICES......................................11101
REFUGEE AND IMMIGRANT PROGRAMS.....................................13101
CITIZENSHIP AND NATIONALITY........................................20101

                          SUBTITLE I--GENERAL

Chapter                                                             Sec.

DEFINITIONS..........................................................101
DEPARTMENT OF JUSTICE................................................301
DEPARTMENT OF STATE..................................................501
PASSPORTS AND TRAVEL REQUIREMENTS....................................701
GENERAL MISCELLANEOUS................................................901

                         CHAPTER 1--DEFINITIONS

Sec.
101.  Adjacent islands.
102.  Admission.
103.  Advocates.
104.  Aggravated felony.
105.  Alien.
106.  Application for admission.
107.  Border crossing identification card.
108.  Child.
109.  Consular officer.
110.  Conviction.
111.  Crewmember.
112.  Executive capacity.
113.  Foreign country.
114.  Good moral character.
115.  Graduate of a medical school.
116.  Immediate relative.
117.  Immigrant.
118.  Immigration judge.
119.  Immigration laws.
120.  Immigration officer.
121.  Ineligible for citizenship.
122.  International organization.
123.  Lawfully admitted for permanent residence.
124.  Managerial capacity.
125.  National.
126.  National of the United States.
127.  Naturalization.
128.  Nonimmigrant.
129.  Parent, father, and mother.
130.  Passport.
131.  Refugee.
132.  Residence.
133.  Special immigrant.
134.  Spouse, wife, and husband.
135.  State.
136.  Stowaway.
137.  Totalitarian dictatorship.
138.  Totalitarian party.
139.  United States.
140.  Unmarried.
141.  Visa.
Sec. 101. Adjacent islands
  In this title, ``adjacent islands'' includes the Bahamas, Barbados, 
Bermuda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique, 
Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and 
other British, French, and Dutch territories and possessions in or 
bordering on the Caribbean Sea.
Sec. 102. Admission
  In this title, ``admission'' means the lawful entry of an alien into 
the United States after inspection and authorization by an immigration 
officer. However--
          (1) an alien who is paroled under section 6121 of this title 
        or permitted to land temporarily as an alien crewmember is 
        deemed not to have been admitted; and
          (2) an alien lawfully admitted for permanent residence is not 
        regarded as seeking an admission to the United States for 
        purposes of the immigration laws unless the alien--
                  (A) has abandoned or relinquished that status;
                  (B) has been absent from the United States for a 
                continuous period of more than 180 days;
                  (C) has engaged in illegal activity after having 
                departed the United States;
                  (D) has departed from the United States while under 
                legal process seeking removal of the alien from the 
                United States, including removal proceedings under this 
                title and extradition proceedings;
                  (E) has committed an offense identified in section 
                6309(a)(1), (2), (3), (4), or (5) of this title, unless 
                since that offense the alien has been granted relief 
                under section 6309(b) or 6721(a) of this title; or
                  (F) is attempting to enter the United States at a 
                time or place other than as designated by an 
                immigration officer or has not been admitted to the 
                United States after inspection and authorization by an 
                immigration officer.
Sec. 103. Advocates
  In this title, ``advocates'' includes advises, recommends, furthers 
by overt act, and admits belief in.
Sec. 104. Aggravated felony
  (a) Actions Taken and Violations of Section 10149(a)(1) Occurring 
Before September 30, 1996.--(1) The definition of ``aggravated felony'' 
in this subsection applies to an action taken, or a violation of 
section 10149(a)(1) of this title occurring, before September 30, 1996.
  (2)(A) Subject to paragraph (1) of this subsection, in this title, 
``aggravated felony'' means any of the following, or an attempt or 
conspiracy to commit any of the following, committed in the United 
States:
          (i) murder.
          (ii) illicit trafficking in a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)), including a drug trafficking crime (as defined in 
        section 924(c)(2) of title 18).
          (iii) illicit trafficking in a firearm or destructive device 
        (as defined in section 921(a) of title 18).
  (B) Subparagraph (A) of this paragraph applies to an offense under a 
law of a State or the United States.
  (3)(A) Subject to paragraph (1) of this subsection, in this title, 
``aggravated felony'', in addition to its meaning under paragraph (2) 
of this subsection, means--
          (i) any of the offenses specified in paragraph (2)(A) of this 
        subsection, or an attempt or conspiracy to commit any of those 
        offenses, committed outside the United States after November 
        28, 1990; and
          (ii) any of the following, or an attempt or conspiracy to 
        commit any of the following, committed in or outside the United 
        States after November 28, 1990:
                  (I) a crime of violence (as defined in section 16 of 
                title 18, except a purely political offense) for which 
                the term of imprisonment is at least 5 years.
                  (II) an offense described in section 1956 of title 18 
                for which a conviction is entered before October 25, 
                1994.
  (B) Subparagraph (A) of this paragraph applies to an offense under a 
law of--
          (i) a State or the United States; or
          (ii) a foreign country if the term of imprisonment for the 
        offense was completed within the prior 15 years.
  (4)(A) Subject to paragraph (1) of this subsection, in this title, 
``aggravated felony'', in addition to its meaning under paragraphs (2) 
and (3) of this subsection, means any of the following, or an attempt 
or conspiracy to commit any of the following, for which a conviction is 
entered after October 24, 1994:
          (i) illicit trafficking in an explosive material (as defined 
        in section 841(c) of title 18).
          (ii) a theft offense (including receipt of stolen property) 
        or burglary offense for which the term of imprisonment is at 
        least 5 years.
          (iii) an offense that relates to owning, controlling, 
        managing, or supervising a prostitution business or that is 
        described in section 1581, 1582, 1583, 1584, 1585, or 1588 of 
        title 18.
          (iv) an offense that--
                  (I) involves fraud or deceit in which the loss to the 
                victim is more than $200,000; or
                  (II) is described in section 7201 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 7201) in which the loss 
                to the Federal Government is more than $200,000.
          (v) an offense related to a failure to appear by a defendant 
        for service of sentence if the underlying offense is punishable 
        by a term of imprisonment of at least--
                  (I) 15 years if the conviction was entered before 
                April 24, 1996; or
                  (II) 5 years if the conviction was entered after 
                April 23, 1996.
          (vi) an offense described in section 10147(a)(1)(A) or (2) of 
        this title for which the term of imprisonment is at least 5 
        years.
          (vii) an offense described in section 793, 798, 2153, 2381, 
        or 2382 of title 18 or section 601 of the National Security Act 
        of 1947 (50 U.S.C. 421).
          (viii) an offense described in section 842(h) or (i), 844(d), 
        (e), (f), (g), (h) or (i), 922(g)(1), (2), (3), (4) or (5), 
        (j), (n), (o), (p), or (r), or 924(b) or (h) of title 18 or 
        section 5861 of the Internal Revenue Code of 1986 (26 U.S.C. 
        5861).
          (ix) an offense described in section 875, 876, 877, or 1202 
        of title 18.
          (x) an offense described in section 1546(a) of title 18 for 
        which the term of imprisonment is at least--
                  (I) 5 years if the conviction was entered before 
                April 24, 1996; or
                  (II) 18 months if the conviction was entered after 
                April 23, 1996.
          (xi) an offense described in section 1956 or 1957 of title 18 
        if the amount is more than $100,000.
          (xii) an offense described in section 1962 of title 18 for 
        which a sentence of at least 5 years may be imposed.
          (xiii) an offense described in section 2251, 2251A, or 2252 
        of title 18.
  (B) Subparagraph (A) of this paragraph applies to an offense under a 
law of--
          (i) a State or the United States; or
          (ii) a foreign country if the term of imprisonment for the 
        offense was completed within the prior 15 years.
  (5)(A) Subject to paragraph (1) of this subsection, in this title, 
``aggravated felony'', in addition to its meaning under paragraphs (2), 
(3), and (4) of this subsection, means any of the following, or an 
attempt or conspiracy to commit any of the following, for which a 
conviction is entered after April 23, 1996:
          (i) an offense that is described in section 2421, 2422, or 
        2423 of title 18 if committed for commercial advantage.
          (ii) an offense of falsely making, forging, counterfeiting, 
        mutilating, or altering a passport or instrument in violation 
        of section 1543 of title 18 for which the term of imprisonment 
        is at least 18 months.
          (iii) an offense described in section 1084 (if it is a second 
        or subsequent offense) or 1955 of title 18 for which a sentence 
        of at least 5 years may be imposed.
          (iv) an offense described in section 10148(a) or 10149(a) of 
        this title committed by an alien who was previously deported on 
        the basis of a conviction for an offense described in this 
        section.
          (v) an offense related to commercial bribery, counterfeiting, 
        forgery, or trafficking in vehicles the identification numbers 
        of which have been altered for which a sentence of at least 5 
        years may be imposed.
          (vi) an offense related to obstruction of justice, perjury or 
        subornation of perjury, or bribery of a witness, for which a 
        sentence of at least 5 years may be imposed.
          (vii) an offense related to failure to appear before a court 
        pursuant to a court order to answer to or dispose of a charge 
        of a felony for which a sentence of at least 2 years may be 
        imposed.
  (B) Subparagraph (A) of this paragraph applies to an offense under a 
law of--
          (i) a State or the United States; or
          (ii) a foreign country if the term of imprisonment for the 
        offense was completed within the prior 15 years.
  (b) Actions Taken and Violations of Section 10149(a)(1) Occurring 
After September 29, 1996.--(1)(A) The definition of ``aggravated 
felony'' in this subsection applies to an action taken, or a violation 
of section 10149(a)(1) of this title occurring, after September 29, 
1996.
  (B) Notwithstanding any other provision of law (including any 
effective date), the definition of ``aggravated felony'' in this 
subsection applies no matter when a conviction is entered.
  (2)(A) Subject to paragraph (1) of this subsection, in this title, 
``aggravated felony'' means any of the following, or an attempt or 
conspiracy to commit any of the following:
          (i) murder, rape, or sexual abuse of a minor;
          (ii) illicit trafficking in a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)), including a drug trafficking crime (as defined in 
        section 924(c)(2) of title 18).
          (iii) illicit trafficking in a firearm or destructive device 
        (as defined in section 921(a) of title 18) or in an explosive 
        material (as defined in section 841(c) of title 18).
          (iv) an offense described in section 1956 or 1957 of title 18 
        if the amount of the funds exceeded $10,000;
          (v) an offense described in section 842(h) or (i), 844(d), 
        (e), (f), (g), (h) or (i), 922(g)(1), (2), (3), (4) or (5), 
        (j), (n), (o), (p), or (r), or 924(b) or (h) of title 18 or 
        section 5861 of the Internal Revenue Code of 1986 (26 U.S.C. 
        5861).
          (vi) a crime of violence (as defined in section 16 of title 
        18, except a purely political offense) for which the term of 
        imprisonment is at least one year.
          (vii) a theft offense (including receipt of stolen property) 
        or burglary offense for which the term of imprisonment is at 
        least one year.
          (viii) an offense described in section 875, 876, 877, or 1202 
        of title 18.
          (ix) an offense described in section 2251, 2251A, or 2252 of 
        title 18.
          (x) an offense described in section 1962, 1084 (if it is a 
        second or subsequent offense), 1955, or 1962 of title 18 for 
        which a sentence of at least one year may be imposed.
          (xi) an offense that--
                  (I) relates to owning, controlling, managing, or 
                supervising a prostitution business;
                  (II) is described in section 2421, 2422, or 2423 of 
                title 18 if committed for commercial advantage; or
                  (III) is described in section 1581, 1582, 1583, 1584, 
                1585, or 1588 of title 18.
          (xii) an offense described in section 793, 798, 2153, 2381, 
        or 2382 of title 18 or section 601 of the National Security Act 
        of 1947 (50 U.S.C. 421).
          (xiii) an offense that--
                  (I) involves fraud or deceit in which the loss to the 
                victim is more than $10,000; or
                  (II) is described in section 7201 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 7201) in which the loss 
                to the Federal Government is more than $10,000.
          (xiv) an offense described in section 10147(a)(1)(A) or (2) 
        of this title except in the case of a first offense for which 
        the alien has affirmatively shown that the alien committed the 
        offense for the purpose of assisting, abetting, or aiding only 
        the alien's spouse, child, or parent (and no other individual) 
        to violate a provision of this title.
          (xv) an offense described in section 10148(a) or 10149(a) of 
        this title committed by an alien who was previously deported on 
        the basis of a conviction for an offense described in this 
        section.
          (xvi) an offense--
                  (I) which either is falsely making, forging, 
                counterfeiting, mutilating, or altering a passport or 
                instrument in violation of section 1543 of title 18 or 
                is described in section 1546(a) of title 18; and
                  (II) for which the term of imprisonment is at least 
                12 months, except in the case of a first offense for 
                which the alien has affirmatively shown that the alien 
                committed the offense for the purpose of assisting, 
                abetting, or aiding only the alien's spouse, child, or 
                parent (and no other individual) to violate a provision 
                of this title.
          (xvii) an offense related to a failure to appear by a 
        defendant for service of sentence if the underlying offense is 
        punishable by a term of imprisonment of at least 5 years.
          (xviii) an offense related to commercial bribery, 
        counterfeiting, forgery, or trafficking in vehicles the 
        identification numbers of which have been altered for which the 
        term of imprisonment is at least one year.
          (xix) an offense related to obstruction of justice, perjury 
        or subornation of perjury, or bribery of a witness, for which 
        the term of imprisonment is at least one year.
          (xx) an offense related to failure to appear before a court 
        pursuant to a court order to answer to or dispose of a charge 
        of a felony for which a sentence of at least 2 years may be 
        imposed.
  (B) Subparagraph (A) of this paragraph applies to an offense under a 
law of--
          (i) a State or the United States; or
          (ii) a foreign country if the term of imprisonment for the 
        offense was completed within the prior 15 years.
Sec. 105. Alien
  In this title, ``alien'' means an individual who is not a national of 
the United States.
Sec. 106. Application for admission
  In this title, ``application for admission'' means an application for 
admission to the United States and not an application for a visa.
Sec. 107. Border crossing identification card
  In this title, ``border crossing identification card'' means a 
document of identity--
          (1) having the designation ``border crossing identification 
        card'';
          (2) issued by a consular officer or an immigration officer to 
        an alien lawfully admitted for permanent residence or an alien 
        residing in foreign territory contiguous to the United States; 
        and
          (3) to be used by the alien, under conditions for its 
        issuance and use as may be prescribed by regulations, in 
        crossing a border between the United States and foreign 
        territory contiguous to the United States.
Sec. 108. Child
  (a) Subtitles I-III.--In subtitles I-III of this title (except 
subchapter I of chapter 7 and chapter 47), ``child'' means an unmarried 
individual under 21 years of age who--
          (1) is a child born in wedlock;
          (2) is a stepchild, whether or not born out of wedlock, if 
        the child was under 18 years of age when the marriage making 
        the child a stepchild occurred;
          (3) was legitimated under the law of the child's or father's 
        residence or domicile if the legitimation occurred when the 
        child was under 18 years of age and in the legal custody of the 
        legitimating parent or parents;
          (4) is a child born out of wedlock, but the individual is a 
        child only in regard to the individual's--
                  (A) natural mother; or
                  (B) natural father if the father has or had a bona 
                fide parent-child relationship with the child;
          (5) was adopted under 16 years of age if the child has been 
        in the legal custody of, and resided with, the adopting parent 
        or parents for at least 2 years; or
          (6)(A) is under 16 years of age when a petition is filed to 
        classify the child as an immediate relative;
          (B) is an orphan because both parents have died, disappeared, 
        abandoned or deserted the child, or been separated from the 
        child, or has only one parent and the parent is unable to 
        provide the proper care and irrevocably in writing has released 
        the child for emigration and adoption, except that in this 
        clause the term ``parent'' does not include the natural father 
        if--
                  (i) the child is a child born out of wedlock as 
                described in clause (4) of this subsection and has not 
                been legitimated as described in clause (3) of this 
                subsection; and
                  (ii) the father has disappeared, abandoned or 
                deserted the child, or irrevocably in writing released 
                the child for emigration and adoption;
          (C)(i) was adopted outside the United States by a citizen of 
        the United States and the citizen's spouse, or by an unmarried 
        citizen of the United States at least 25 years of age, who 
        personally observed the child before or during the adoption 
        proceedings; or
          (ii) is coming to the United States for adoption by a citizen 
        of the United States and the citizen's spouse, or by an 
        unmarried citizen of the United States at least 25 years of 
        age, who complied with the preadoption requirements of the 
        child's proposed residence; and
          (D) will be cared for properly, to the satisfaction of the 
        Attorney General, if admitted to the United States.
  (b) Subtitle V.--In part B of subtitle IV and subtitle V of this 
title, ``child'' means an unmarried individual under 21 years of age 
and includes a child who--
          (1) is a child born in wedlock;
          (2) was legitimated under the law of the child's or father's 
        residence or domicile (even if outside the United States) if 
        the legitimation occurred when the child was under 16 years of 
        age and in the legal custody of the legitimating parent or 
        parents; or
          (3) except as provided in sections 20305 and 20306 of this 
        title, was adopted in the United States if the adoption 
        occurred when the child was under 16 years of age and in the 
        legal custody of the adopting parent or parents.
Sec. 109. Consular officer
  In this title, ``consular officer'' means an officer or employee of 
the Federal Government designated under regulations to issue visas.
Sec. 110. Conviction
  (a) General.--In this title, ``conviction'' means a formal judgment 
of guilt of the alien entered by a court or, if adjudication of guilt 
has been withheld, where--
          (1)(A) a judge or jury has found the alien guilty; or
          (B) the alien has entered a plea of guilty or nolo contendere 
        or has admitted sufficient facts to warrant a finding of guilt; 
        and
          (2) the judge has ordered some form of punishment, penalty, 
        or restraint on the alien's liberty to be imposed.
  (b) A reference to a term of imprisonment or a sentence with respect 
to an offense is deemed to include the period of incarceration or 
confinement ordered by a court of law regardless of any suspension of 
the imposition or execution of that imprisonment or sentence.
  (c) This section applies to convictions and sentences entered at any 
time.
Sec. 111. Crewmember
  In this title, ``crewmember'' means an individual serving in any 
capacity on a vessel or aircraft.
Sec. 112. Executive capacity
  (a) General.--In this title, ``executive capacity'' means a capacity 
in which an employee of an organization primarily--
          (1) directs the management of the organization or a major 
        component or function of the organization;
          (2) establishes the goals and policies of the organization, 
        component, or function;
          (3) has wide latitude in making discretionary decisions; and
          (4) receives only general supervision or direction from 
        higher level executives, the board of directors, or 
        stockholders of the organization.
  (b) Staffing Levels as Factor.--If staffing levels are used as a 
factor in deciding whether an individual is acting in an executive 
capacity, the Attorney General shall consider the reasonable needs of 
the organization, component, or function in light of the overall 
purpose and stage of development of the organization, component, or 
function. An individual is not acting in an executive capacity only 
because of the number of employees the individual supervises, directs, 
or has supervised or directed.
Sec. 113. Foreign country
  In this title, ``foreign country'' includes the territories and 
possessions of a foreign country, but a self-governing dominion or a 
territory under trusteeship is deemed to be a separate foreign country.
Sec. 114. Good moral character
  In this title, each of the following individuals is an individual not 
of good moral character:
          (1) an individual who, during the period for which good moral 
        character is required--
                  (A) was a habitual drunkard;
                  (B) was within a class of individuals, whether 
                inadmissible or not, described in--
                          (i) section 6308 or 6309(a)(5), or 6319(a) of 
                        this title; or
                          (ii) section 6309(a)(1)-(4) of this title 
                        (except as section 6309(a)(3) relates to a 
                        single offense of simple possession of not more 
                        than 30 grams of marijuana), if the individual 
                        admits committing or was convicted of 
                        committing the offense and committed the 
                        offense during the period for which good moral 
                        character is required;
                  (C) derived income principally from unlawful gambling 
                activities;
                  (D) committed at least 2 gambling offenses for which 
                the individual has been convicted;
                  (E) gave false testimony to obtain a benefit under 
                this title (except subchapter I of chapter 7, chapter 
                47, subchapters II and III of chapter 131, and chapters 
                133 and 135); or
                  (F) served a total of at least 180 days in a penal 
                institution for conviction of an offense or offenses, 
                even if the offense or offenses were not committed 
                during the period for which good moral character is 
                required.
          (2) an individual convicted of murder or, after November 28, 
        1990, of another aggravated felony, regardless of whether the 
        offense or conviction was during the period for which good 
        moral character is required.
          (3) an individual found for other reasons to be not of good 
        moral character.
Sec. 115. Graduate of a medical school
  In this title, ``graduate of a medical school'' means an alien who 
has graduated from a medical school or has qualified to practice 
medicine in a foreign country, except an alien of national or 
international renown in the field of medicine.
Sec. 116. Immediate relative
  In this title, ``immediate relative'' means--
          (1) a child of a citizen of the United States;
          (2) a spouse of a citizen of the United States, except that 
        if the citizen has died, the spouse and each child of the 
        spouse remains an immediate relative after the death only if 
        the spouse--
                  (A) was married to the citizen for at least 2 years 
                before the date of death;
                  (B) was not legally separated from the citizen on the 
                date of death;
                  (C) files a petition under section 4301(a)(2) of this 
                title not later than 2 years after the date of death; 
                and
                  (D) has not remarried; and
          (3) a parent of a citizen of the United States if the citizen 
        is at least 21 years of age.
Sec. 117. Immigrant
  In this title, ``immigrant'' means any alien except a nonimmigrant.
Sec. 118. Immigration judge
  In this title, ``immigration judge'' means an attorney who is--
          (1) appointed by the Attorney General as an administrative 
        judge within the Executive Office for Immigration Review;
          (2) qualified to conduct special classes of proceedings, 
        including a hearing under section 6704 of this title; and
          (3)(A) under the supervision of the Attorney General and who 
        carries out duties and powers the Attorney General prescribes; 
        but
          (B) not employed by the Immigration and Naturalization 
        Service.
Sec. 119. Immigration laws
  In this title, ``immigration laws'' includes this title and all laws, 
conventions, and treaties of the United States related to the 
immigration, exclusion, removal, or deportation of aliens.
Sec. 120. Immigration officer
  In this title, ``immigration officer'' means an officer or employee 
of the Federal Government designated by the Attorney General, 
individually or by regulation, to carry out the duties and powers of an 
immigration officer.
Sec. 121. Ineligible for citizenship
  In this title, ``ineligible for citizenship'', notwithstanding any 
treaty related to military service, means permanently debarred at any 
time under this title or any other law from becoming a citizen of the 
United States.
Sec. 122. International organization
  In this title, ``international organization'' means an international 
organization as defined in section 1 of the International Organizations 
Immunities Act (22 U.S.C. 288).
Sec. 123. Lawfully admitted for permanent residence
  In this title, ``lawfully admitted for permanent residence'' means 
the status of lawfully having been given the privilege of residing 
permanently in the United States as an immigrant under the immigration 
laws, that status not having changed.
Sec. 124. Managerial capacity
  (a) General.--In this title, ``managerial capacity'' means a capacity 
in which an employee of an organization primarily--
          (1) manages the organization or a department, subdivision, 
        component, or function of the organization;
          (2) supervises and controls the work of other supervisory, 
        professional, or managerial employees, or manages an essential 
        function in the organization or a department or subdivision of 
        the organization;
          (3)(A) has the authority to hire and fire or recommend 
        hiring, firing, and other personnel actions, if an employee is 
        supervised directly; or
          (B) works at a senior level in the organizational hierarchy 
        or with regard to the function managed, if no employee is 
        supervised directly; and
          (4) has discretion over the day-to-day operations of the 
        activity or function for which the individual has authority.
  (b) First-Line Supervisor.--A first-line supervisor is not acting in 
a managerial capacity only because of the supervisor's supervisory 
duties unless the employees supervised are professional.
  (c) Staffing Levels as Factor.--If staffing levels are used as a 
factor in deciding whether an individual is acting in a managerial 
capacity, the Attorney General shall consider the reasonable needs of 
the organization, component, or function in light of the overall 
purpose and stage of development of the organization, component, or 
function. An individual is not acting in a managerial capacity only 
because of the number of employees the individual supervises, directs, 
or has supervised or directed.
Sec. 125. National
  In this title, ``national'' means an individual owing permanent 
allegiance to a country.
Sec. 126. National of the United States
  In this title, ``national of the United States'' means--
          (1) a citizen of the United States; or
          (2) an individual, not a citizen of the United States, owing 
        permanent allegiance to the United States.
Sec. 127. Naturalization
  In this title, ``naturalization'' means the conferring of nationality 
of a country on an individual after birth by any means.
Sec. 128. Nonimmigrant
  In this title, ``nonimmigrant'' means an alien who has the status of 
a nonimmigrant classified under subchapter I of chapter 23 of this 
title.
Sec. 129. Parent, father, and mother
  (a) Subtitles I-III.--In subtitles I-III of this title (except 
subchapter I of chapter 7), ``parent'', ``father'', and ``mother'' mean 
a parent, father, and mother of a child as defined in section 108(a) of 
this title.
  (b) Subtitle V.--In subtitle V of this title, ``parent'', ``father'', 
and ``mother'' include a deceased parent, father, and mother of a 
posthumous child.
  (c) Exceptions.--(1) In this title (except subchapter I of chapter 7 
and chapter 151), ``parent'', ``father'', and ``mother'' do not 
include--
          (A) the natural parent of a child as defined in section 
        108(a)(5) of this title; or
          (B) the natural parent or prior adoptive parent of a child as 
        defined in section 108(a)(6) of this title.
  (2) In this title (except subchapter I of chapter 7), ``parent'', 
``father'', and ``mother'' do not include the natural parent or prior 
adoptive parent of a special immigrant as defined in section 133(a)(12) 
of this title.
Sec. 130. Passport
  In this title, ``passport'' means a travel document--
          (1) granted by competent authority;
          (2) showing the bearer's origin, identity, and nationality if 
        any; and
          (3) valid for the admission of the bearer into a foreign 
        country.
Sec. 131. Refugee
  (a) General.--In this title (except chapter 133), ``refugee''--
          (1) means an individual who--
                  (A)(i) is outside a country of the individual's 
                nationality or, if the individual has no nationality, 
                is outside a country in which the individual last 
                habitually resided; and
                  (ii) is unable or unwilling to return to, and make 
                use of the protection of, that country because of 
                persecution or a well-founded fear of persecution on 
                account of race, religion, nationality, membership in a 
                particular social group, or political opinion; or
                  (B) in circumstances the President after appropriate 
                consultation (as defined in section 5101(a) of this 
                title) specifies--
                          (i) is in a country of the individual's 
                        nationality or, if the individual has no 
                        nationality, is in a country in which the 
                        individual is habitually residing; and
                          (ii) is persecuted or has a well-founded fear 
                        of persecution on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion; but
          (2) does not include an individual who ordered, incited, 
        assisted, or otherwise participated in the persecution of an 
        individual on account of race, religion, nationality, 
        membership in a particular social group, or political opinion.
  (b) Resistance to Coercive Population Control Methods.--For purposes 
of decisions under this title (except chapter 133), an individual--
          (1) 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, is deemed 
        to have been persecuted on account of political opinion; and
          (2) who has a well founded fear that he or she will be forced 
        to undergo such a procedure or be subject to persecution for 
        such a failure, refusal, or resistance is deemed to have a well 
        founded fear of persecution on account of political opinion.
Sec. 132. Residence
  In this title, ``residence'' means the principal, actual dwelling 
place of an individual without regard to the individual's intent.
Sec. 133. Special immigrant
  (a) General.--In this title, ``special immigrant'' means each of the 
following immigrants:
          (1) an immigrant lawfully admitted for permanent residence 
        returning from a temporary visit outside the United States 
        (including a period of employment by the American University of 
        Beirut).
          (2) an immigrant who was a citizen of the United States and 
        may be naturalized under section 20316 or 20319(a) of this 
        title.
          (3)(A) an immigrant who--
                  (i) for at least 2 years immediately before applying 
                for admission has been a member of a religious 
                denomination having a bona fide nonprofit religious 
                organization in the United States;
                  (ii) is coming to the United States--
                          (I) only to serve as a minister of that 
                        religious denomination;
                          (II) before October 1, 1997, to work for the 
                        organization, at the request of the 
                        organization, in a professional capacity in a 
                        religious vocation or occupation; or
                          (III) before October 1, 1997, to work for the 
                        organization or for a bona fide organization 
                        affiliated with the religious denomination and 
                        exempt from taxation as an organization 
                        described in section 501(c)(3) of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 501(c)(3)), at 
                        the request of the organization, in a religious 
                        vocation or occupation; and
                  (iii) has served as a minister or performed the work 
                described in subclause (ii) of this clause continuously 
                for at least the 2-year period described in subclause 
                (i) of this clause; and
          (B) the immigrant's spouse and children if accompanying or 
        following to join the immigrant.
          (4)(A) an immigrant who is an employee or an honorably 
        retired former employee of the Federal Government outside the 
        United States, or of the American Institute in Taiwan, who has 
        performed faithful service for at least 15 years, if the 
        principal officer of a Foreign Service establishment of the 
        United States, or the director of the American Institute in 
        Taiwan, respectively, recommends that the immigrant be granted 
        special immigrant status because of exceptional circumstances 
        and the Secretary of State approves the recommendation after 
        finding that it is in the interest of the United States to 
        grant the status; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (5)(A) an immigrant who--
                  (i) resided in the Panama Canal Zone on April 1, 
                1979;
                  (ii) was an employee of the Panama Canal Company or 
                the Canal Zone Government before October 1, 1979; and
                  (iii) performed faithful service as such an employee 
                for at least one year; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (6)(A) an immigrant who--
                  (i) is a national of Panama;
                  (ii) performed faithful service as an employee of the 
                Federal Government in the Panama Canal Zone for at 
                least 15 years before October 1, 1979; and
                  (iii) honorably retired from that employment at any 
                time or continues to be employed by the Federal 
                Government in an area of the former Canal Zone; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (7)(A) an immigrant--
                  (i) who was an employee of the Panama Canal Company 
                or the Canal Zone Government on April 1, 1979;
                  (ii) who performed faithful service as such an 
                employee for at least 5 years; and
                  (iii) whose personal safety, or whose spouse's or 
                child's personal safety, is placed in reasonable danger 
                directly because of the Panama Canal Treaty of 1977 and 
                the special nature of the immigrant's employment; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (8)(A) an immigrant who--
                  (i) has graduated from a medical school or has 
                qualified to practice medicine in a foreign country;
                  (ii) was completely and permanently licensed to 
                practice medicine in a State on January 9, 1978, and 
                was practicing medicine in a State on that date;
                  (iii) entered the United States as a nonimmigrant 
                classified under any of sections 2312-2316 or 2325 of 
                this title before January 10, 1978; and
                  (iv) has been continuously present in the United 
                States in the practice or study of medicine since the 
                date of entry; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (9) an immigrant who--
                  (A) is the unmarried son or daughter of a present or 
                former officer or employee of an international 
                organization;
                  (B) while maintaining the status of a nonimmigrant 
                classified under section 2302(5) or 2324 of this title, 
                has resided and been physically present in the United 
                States for--
                          (i) periods totaling at least half of the 7 
                        years before the date of application for a visa 
                        or for adjustment of status to special 
                        immigrant status under this clause (9); and
                          (ii) periods totaling at least 7 years 
                        between the ages of 5 and 21; and
                  (C) applies for a visa or adjustment of status to 
                special immigrant status under this clause (9) not 
                later than April 24, 1989, or the immigrant's 25th 
                birthday, whichever is later.
          (10) an immigrant who--
                  (A) is the surviving spouse of a deceased officer or 
                employee of an international organization;
                  (B) while maintaining the status of a nonimmigrant 
                classified under section 2302(5) or 2324 of this title, 
                has resided and been physically present in the United 
                States for--
                          (i) periods totaling at least half of the 7 
                        years before the date of application for a visa 
                        or for adjustment of status to special 
                        immigrant status under this clause (10); and
                          (ii) periods totaling at least 15 years 
                        before the date of death of the officer or 
                        employee; and
                  (C) files a petition for special immigrant status 
                under this clause (10) not later than April 24, 1989, 
                or 6 months after the date of death of the officer or 
                employee, whichever is later.
          (11)(A) an immigrant who--
                  (i) is a retired officer or employee of an 
                international organization;
                  (ii) while maintaining the status of a nonimmigrant 
                classified under section 2302(5) of this title, has 
                resided and been physically present in the United 
                States for periods totaling at least half of the 7 
                years before the date of application for a visa or for 
                adjustment of status to special immigrant status under 
                this clause (11), and for periods totaling at least 15 
                years before the date of the officer's or employee's 
                retirement from the international organization; and
                  (iii) files a petition for special immigrant status 
                under this clause (11) not later than April 25, 1995, 
                or 6 months after the date of retirement, whichever is 
                later; and
          (B) the immigrant's spouse if accompanying or following to 
        join the immigrant as a member of the immediate family.
          (12) an immigrant--
                  (A) who has been declared a dependent of a juvenile 
                court in the United States or whom a juvenile court in 
                the United States has committed to, or placed in 
                custody of, an authority or department of a State and 
                who has been found eligible by that court for long-term 
                foster care; and
                  (B) for whom it has been decided in an administrative 
                or judicial proceeding that it would not be in the 
                alien's best interest to be returned to the alien's or 
                alien's parent's previous country of nationality or 
                country of last habitual residence.
          (13)(A) an immigrant who--
                  (i) after October 15, 1978, and after original lawful 
                enlistment outside the United States under a treaty or 
                agreement in effect on October 1, 1991, has served 
                honorably on active duty in the armed forces of the 
                United States for--
                          (I) 12 years and, if separated from the 
                        service, was separated only under honorable 
                        conditions; or
                          (II) 6 years if the immigrant is on active 
                        duty when seeking special immigrant status 
                        under this clause (13) and has reenlisted to 
                        incur a total active duty obligation of at 
                        least 12 years; and
                  (ii) is recommended by the head of the executive 
                department of the Federal Government under which the 
                immigrant has served to receive special immigrant 
                status under this clause (13); and
          (B) the immigrant's spouse and children if accompanying or 
        following to join the immigrant.
  (b) Temporary Absences Under Subsection (a)(9)-(11).--An alien who is 
a present or former officer or employee of an international 
organization, or is the surviving spouse, unmarried son, or unmarried 
daughter of a present or former officer or employee, is deemed under 
subsection (a)(9)-(11) of this section to be residing and physically 
present in the United States during a period in which the alien is 
residing in, but absent from, the United States if--
          (1) the alien is absent because of the officer's or 
        employee's need to conduct official business for the 
        organization or because of customary leave; and
          (2) during the absence--
                  (A) the officer or employee continues to have a duty 
                station in the United States; and
                  (B) with respect to an unmarried son or daughter, the 
                son or daughter is not enrolled in a school outside the 
                United States.
Sec. 134. Spouse, wife, and husband
  In this title, ``spouse'', ``wife'', and ``husband'' do not include a 
spouse, wife, or husband by a marriage ceremony during which both 
parties were not physically present, unless the parties consummated the 
marriage.
Sec. 135. State
  In this title (except subchapter I of chapter 7, subchapters II and 
III of chapter 131, and chapters 133 and 135), ``State'' means a State 
of the United States, the District of Columbia, Puerto Rico, Guam, and 
the Virgin Islands.
Sec. 136. Stowaway
  In this title, ``stowaway'' means an alien who obtains transportation 
without the consent of the owner, master, commanding officer, or 
charterer of a vessel or aircraft through concealment aboard the vessel 
or aircraft. However, a passenger who boards with a valid ticket is not 
a stowaway.
Sec. 137. Totalitarian dictatorship
  In this title, ``totalitarian dictatorship'' means a system of 
government that is not representative and is characterized by--
          (1) the existence of a single political party, organized on a 
        dictatorial basis, whose policies are so closely identified 
        with the governmental policies that the party and the 
        government are indistinguishable; and
          (2) the forcible suppression of opposition to the party.
Sec. 138. Totalitarian party
  In this title, ``totalitarian party'' means an organization 
advocating the establishment of a totalitarian dictatorship in the 
United States.
Sec. 139. United States
  In this title (except subchapter I of chapter 7, subchapters II and 
III of chapter 131, chapters 133 and 135, and section 13702), ``United 
States'' means the States of the United States, the District of 
Columbia, Puerto Rico, Guam, and the Virgin Islands.
Sec. 140. Unmarried
  In this title, ``unmarried'', when used in reference to an individual 
as of a particular time, means an individual who was not married at 
that time, even if previously married.
Sec. 141. Visa
  In this title, ``visa'' means an unexpired visa issued under section 
2123 or 4313 of this title.

                    CHAPTER 3--DEPARTMENT OF JUSTICE

              SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION

Sec.
301.  General authority of the Attorney General.
302.  Immigration and Naturalization Service.
303.  Working hours and premium pay for officers and employees of the 
          Immigration and Naturalization Service.
304.  Providing immigration services for scheduled flights.
305.  Reimbursement for immigration inspection services.
306.  Travel expenses.
307.  Interment expenses and other services to certain family members.
308.  Providing services and articles at immigrant stations.
309.  Providing services for individuals in administrative detention in 
          non-federal institutions.
310.  Operation of photographic studios by welfare organizations.
311.  Advisory committee on inspection services.
312.  Reports.

                       SUBCHAPTER II--ENFORCEMENT

321.  Oaths and testimony.
322.  Enforcement authority.
323.  Authority to support control of borders.
324.  Preclearance authority.
325.  Preinspection at foreign airports.
326.  Enforcement by States.
327.  Local jurisdiction over immigrant stations.
328.  Acceptance of state assistance for transporting deportable 
          criminal aliens.
329.  Automated permit pilot projects.
330.  Automated entry-exit control system.

            SUBCHAPTER III--FINANCIAL ADMINISTRATION AND FEES

341.  Crediting appropriations.
342.  Interest on immigration bonds.
343.  Use of appropriations for undercover investigations.
344.  Breached Bond/Detention Fund.
345.  Immigration User Fee Account.
346.  Immigration Examinations Fee Account.
347.  Immigration Enforcement Account.
348.  Immigration Detention Account.
349.  Land border inspection fees.
350.  Immigration emergency fund.

                   SUBCHAPTER IV--INFORMATION SERVICES

361.  Information system on impact of immigration laws.
362.  Records on aliens.
363.  Information about criminal aliens.
364.  Information about transporting alien females for prostitution and 
          debauchery.
365.  Communication between government entities and the Immigration and 
          Naturalization Service.
366.  Limitations on disclosure of information.
367.  Proof of nonexistence of records.

             SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION

Sec. 301. General authority of the Attorney General
  (a) General Authority.--(1) Except as otherwise provided by law, the 
Attorney General shall carry out this title and other immigration laws. 
The Attorney General's decision and ruling on a question of law is 
controlling.
  (2) The Attorney General may prescribe regulations and forms of bonds 
to carry out the duties and powers of the Attorney General under this 
title.
  (b) Control of Borders.--The Attorney General shall control the 
borders of the United States against the unlawful entry of aliens.
  (c) Delegation.--In carrying out this title, the Attorney General, 
with the consent of the head of a federal department, agency, or 
instrumentality may require or authorize an officer or employee of the 
department, agency, or instrumentality to carry out a duty or power of 
an officer or employee of the Immigration and Naturalization Service.
  (d) Establishment of Offices in Foreign Countries.--The Attorney 
General--
          (1) with the concurrence of the Secretary of State, may 
        establish an office of the Service in a foreign country; and
          (2) after consulting with the Secretary, may detail an 
        officer or employee of the Service for duty in a foreign 
        country when the Attorney General considers the detail 
        necessary to carry out this title.
Sec. 302. Immigration and Naturalization Service
  (a) Organization.--The Immigration and Naturalization Service is a 
service in the Department of Justice.
  (b) Commissioner of Immigration and Naturalization.--The head of the 
Service is the Commissioner of Immigration and Naturalization. The 
Commissioner is appointed by the President, by and with the advice and 
consent of the Senate. The Commissioner must be a citizen of the United 
States.
  (c) General Authority of the Commissioner.--(1) The Commissioner 
shall--
          (A) carry out duties and powers prescribed by the Attorney 
        General; and
          (B) maintain direct and continuous liaison with the 
        Administrator designated under section 502 of this title to 
        carry out the immigration and nationality laws in a 
        coordinated, uniform, and efficient way.
  (2) The Commissioner may make cooperative agreements with state and 
local law enforcement agencies to assist in enforcing the immigration 
laws.
  (d) Office, Records, and Facilities.--The Attorney General shall 
provide the Commissioner with a suitable office in the District of 
Columbia and records and facilities necessary to carry out the 
Commissioner's duties and powers.
  (e) Availability of Appropriation.--The appropriation ``Immigration 
and Naturalization Service--Salaries and Expenses'' is available to pay 
for the following:
          (1) the costs of hiring privately owned horses for use on 
        official business, under contract with officers or employees of 
        the Service.
          (2) the pay of interpreters and translators who are not 
        citizens of the United States.
          (3) the costs of distributing citizenship textbooks to aliens 
        without charge to the aliens.
          (4) at a rate specified by the applicable appropriation law, 
        allowances to aliens for work performed when held in custody 
        under the immigration laws.
          (5) if authorized by an appropriation law, spending by the 
        Attorney General for unforeseen emergencies of a confidential 
        character.
  (f) Certificate for Confidential Expenditures.--The Attorney General 
shall make a certificate for any amount of expenditures under 
subsection (e)(5) of this section that the Attorney General considers 
advisable not to specify. The certificate is a sufficient voucher that 
the amount stated was expended.
Sec. 303. Working hours and premium pay for officers and employees of 
                    the Immigration and Naturalization Service
  (a) Regulating Working Hours.--The Attorney General may regulate the 
working hours of officers and employees of the Immigration and 
Naturalization Service performing work at a port to coincide with the 
customary working hours at that port. This subsection does not change 
the length of a working day or the rate provided in subsection (b) of 
this section.
  (b) Premium Pay Rates.--An officer or employee of the Service 
performing work related to the inspection and landing of passengers and 
crew of a vessel, aircraft, or vehicle arriving in the United States 
from a foreign port is entitled to premium pay at the following rates:
          (1) For overtime work, the rate is one-half day's pay for 
        each 2 hours (or part of a 2-hour period of at least one hour), 
        but the total pay for the period between the end of the 
        individual's regular shift and the beginning of the 
        individual's next regular shift may not be more than 2.5 days' 
        pay.
          (2) For work on a Sunday or holiday, the rate is 2 days' pay.
  (c) Method of Payment.--(1) Except as provided in section 80503 of 
title 49, when an officer or employee of the Service performs work 
referred to in subsection (b) of this section, the master, owner, 
agent, or consignee of the vessel, aircraft, or vehicle shall pay to 
the Attorney General an amount equal to the pay to which the officer or 
employee is entitled under subsection (b). The amount shall be paid if 
the officer or employee was ordered to report for work and did report, 
even if an inspection did not take place. However, this paragraph does 
not apply to an inspection, at a designated port of entry, of 
passengers arriving by an international ferry, bridge, or tunnel, or by 
a vessel on the Great Lakes and connecting waterways, an aircraft, or a 
vehicle, when the vessel, aircraft, or vehicle is operating on a 
regular schedule.
  (2) The Attorney General shall deposit in the Treasury an amount paid 
under this subsection. The amount shall be credited to the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses''. The amount credited to the appropriation is available for 
payment of the overtime, Sunday, and holiday pay.
Sec. 304. Providing immigration services for scheduled flights
  Notwithstanding section 303(c)(1) of this title or any other law, the 
immigration services required to be provided to passengers on arrival 
in the United States on a scheduled flight shall be provided 
adequately, not later than 45 minutes after their presentation for 
inspection, when needed and at no cost to the air carrier or 
passengers, except for the fee specified in section 7308(a) of this 
title, at--
          (1) airports at which immigration services are provided; and
          (2) places outside the United States at which an immigration 
        officer is stationed to provide immigration services.
Sec. 305. Reimbursement for immigration inspection services
  (a) Inspections in Foreign Contiguous Territories.--Section 209 of 
title 18 does not prohibit reimbursement for the services of an 
immigration officer related to inspecting aliens in a foreign 
contiguous territory. The reimbursement shall be credited to the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses''.
  (b) Requested Inspection Services.--The Attorney General may receive 
reimbursement from the owner, operator, or agent of a private or 
commercial vessel or aircraft, or from a seaport or airport authority, 
for expenses incurred by the Attorney General in providing immigration 
inspection services requested by the owner, operator, agent, or 
authority, including the salaries and expenses of individuals employed 
by the Attorney General to provide the services. The Attorney General's 
authority to receive reimbursement under this section ends as soon as 
an amount is appropriated to provide the services.
Sec. 306. Travel expenses
  (a) Travel Expenses.--Under regulations prescribed by the Attorney 
General, an officer or employee of the Immigration and Naturalization 
Service is entitled to travel expenses when the officer or employee--
          (1) is ordered to carry out duties and powers in a foreign 
        country;
          (2) is transferred from one station to another in the United 
        States or in a foreign country; or
          (3) in carrying out duties and powers in a foreign country, 
        becomes eligible for voluntary retirement and returns to the 
        United States.
  (b) Expenses of Transporting Spouse, Children, and Property.--The 
Attorney General may reimburse an officer or employee described in 
subsection (a) of this section for expenses incurred in transporting 
the officer's or employee's spouse, dependent children, and personal 
property, including (as provided under subchapter II of chapter 57 of 
title 5) the expenses for packing, crating, freight, unpacking, 
temporary storage, and drayage.
Sec. 307. Interment expenses and other services to certain family 
                    members
  (a) Expenses of Interment.--When an officer or employee of the 
Immigration and Naturalization Service dies when in, or in transit to, 
a foreign country on official business, the Attorney General may pay 
the ordinary and necessary expenses of interment.
  (b) Services to Family Members of Officers and Agents Killed in the 
Line of Duty.--(1) To the extent provided in an appropriation law, when 
an immigration officer or border patrol agent is killed in the line of 
duty, the Attorney General may pay from appropriations available for 
the activity in which the officer or agent was engaged--
          (A) the actual and necessary expenses of transportation of 
        the remains of the officer or agent to a place of burial 
        located in any State, American Samoa, the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, or the Republic of Palau;
          (B) travel expenses, including per diem in lieu of 
        subsistence, of the decedent's spouse and minor children to and 
        from the place of burial at rates not more than those 
        established for official government travel under subchapter I 
        of chapter 57 of title 5; and
          (C) the cost of any other memorial service authorized by the 
        Attorney General.
  (2) The Attorney General may prepay any expense authorized to be paid 
under this subsection.
Sec. 308. Providing services and articles at immigrant stations
  (a) Awarding Contracts.--Subject to section 3709 of the Revised 
Statutes (41 U.S.C. 5), the Attorney General may award an exclusive 
contract to provide money exchange services, to transport passengers or 
baggage, to provide food and eating facilities, or to provide similar 
services at an immigrant station only to the lowest responsible and 
capable bidder (except an alien). The Attorney General may charge a 
reasonable rental for the use of federal property in providing the 
services. However, the Attorney General may provide a necessary service 
at an immigrant station if the Attorney General finds that it would be 
more economical and efficient.
  (b) Sale of Necessary Articles by the Attorney General.--If aliens 
detained at an immigrant station cannot readily obtain articles that 
the Attorney General decides are necessary to their health and welfare, 
the Attorney General may sell the articles to the aliens at reasonable 
prices through canteens operated by the Commissioner of Immigration and 
Naturalization.
  (c) Intoxicating Liquors.--Intoxicating liquors may not be sold at an 
immigrant station.
  (d) Deposit of Amounts Received.--The Attorney General shall deposit 
amounts received under this section in the Treasury to the credit of 
the appropriation ``Immigration and Naturalization Service--Salaries 
and Expenses''.
Sec. 309. Providing services for individuals in administrative 
                    detention in non-federal institutions
  In support of individuals in administrative detention in non-federal 
institutions, the Attorney General may--
          (1) under an agreement with a State or political subdivision 
        of a State, make payments from amounts appropriated for the 
        administration and enforcement of the laws related to 
        immigration, naturalization, and alien registration for 
        necessary clothing, medical care, necessary guard hire, and the 
        housing, care, and security of individuals detained by the 
        Immigration and Naturalization Service under federal law; and
          (2) make a cooperative agreement with any State, territory, 
        or political subdivision of a State or territory, for the 
        necessary construction, physical renovation, acquisition of 
        equipment, supplies or materials required to establish 
        acceptable conditions of confinement and detention services in 
        any State or unit of local government which agrees to provide 
        guaranteed bed space for individuals detained by the Service.
Sec. 310. Operation of photographic studios by welfare organizations
  On recommendation of the Attorney General, an officer or employee in 
charge of property owned or leased by the Federal Government may 
provide space, without payment of rent, in a building occupied by the 
Immigration and Naturalization Service, for a photographic studio 
operated by a welfare organization without profit and only for the 
benefit of individuals seeking to comply with the immigration and 
nationality laws. The Attorney General shall supervise a studio 
operated under this section.
Sec. 311. Advisory committee on inspection services
  (a) Establishment.--The Attorney General shall establish an advisory 
committee consisting of representatives from air carriers and other 
modes of transportation that may be subject to a fee authorized by law 
or proposed by the Immigration and Naturalization Service to cover 
expenses incurred by the Service.
  (b) Meetings and Advice.--The advisory committee shall meet on a 
periodic basis and advise the Attorney General on issues related to the 
performance of the inspection services of the Service. This advice 
shall include such issues as the time periods during which the services 
should be performed, the proper number and deployment of inspection 
officers, the level of fees, and the appropriateness of any proposed 
fee. The Attorney General shall give substantial consideration to the 
views of the committee.
Sec. 312. Reports
  (a) Reports on Certain Nonimmigrants.--Not later than April 1 of each 
year, the Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and the Senate a report 
describing for each class under sections 2313-2316, 2318-2320, and 2325 
of this title the following:
          (1) The number of petitions filed.
          (2) The number of petitions approved and the number of 
        workers (by occupation) included in the approved petitions.
          (3) The number of petitions denied and the number of workers 
        (by occupation) requested in the denied petitions.
          (4) The number of petitions withdrawn.
          (5) The number of petitions pending final action.
  (b) Reports on Naturalization Statistics.--(1) The Attorney General 
shall prepare annually, from the records of the Immigration and 
Naturalization Service, a report in statistical form with analytical 
comment. The report shall show by nationality--
          (A) the relation between the number of aliens seeking 
        citizenship of the United States and the number of aliens 
        arriving each year;
          (B) the relation between the number of aliens seeking 
        citizenship of the United States and the prevailing census 
        populations of the foreign born; and
          (C) the economic, vocational, and other classifications of 
        aliens seeking citizenship of the United States.
  (2) Payment for the equipment used in preparing the report under this 
subsection shall be made from the appropriation ``Immigration and 
Naturalization Service--Salaries and Expenses''.
  (c) Reports on Public Charge Deportations, Indigent Sponsors, and 
Reimbursement Actions.--Not later than 180 days after the end of each 
fiscal year, the Attorney General shall submit to the Inspector General 
of the Department of Justice and the Committees on the Judiciary of the 
House of Representatives and the Senate a report describing the 
following:
          (1) The number of aliens deported on public charge grounds 
        under section 6503 of this title during the prior fiscal year.
          (2) The number of determinations made under section 15125(d) 
        of this title during the prior fiscal year.
          (3) The number of actions brought, and the amount of each 
        action, for reimbursement under section 6331 of this title 
        (including private collections) for the costs of providing 
        public benefits.
  (d) Reports on Criminal Aliens.--The Attorney General shall submit 
annually to the Committees on the Judiciary of the House of 
Representatives and the Senate a report detailing--
          (1) the number of illegal aliens incarcerated in federal and 
        state prisons for having committed felonies, stating the number 
        incarcerated for each type of offense;
          (2) the number of illegal aliens convicted of felonies in a 
        federal or state court, but not sentenced to incarceration, in 
        the year before the report was submitted, stating the number 
        convicted for each type of offense;
          (3) programs and plans underway in the Department to ensure 
        the prompt removal from the United States of criminal aliens 
        subject to removal; and
          (4) methods for identifying and preventing the unlawful 
        reentry of aliens who have been convicted of criminal offenses 
        in the United States and removed from the United States.
  (e) Reports on Detention Space and Aliens Released Into Community.--
(1) Not later than April 1 and October 1 of each year, the Attorney 
General shall submit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report estimating the amount of 
detention space that will be required, during the fiscal year in which 
the report is submitted and the succeeding fiscal year, to detain--
          (A) all aliens subject to detention under section 6702(c) or 
        6715 of this title;
          (B) all inadmissible or deportable aliens subject to 
        proceedings under section 6704 or 6705 of this title; and
          (C) other inadmissible or deportable aliens under priorities 
        the Attorney General establishes.
  (2) Each report submitted under paragraph (1) of this subsection 
shall include the following estimates:
          (A) The number of criminal aliens who, in the 6-month period 
        preceding the date of the submission of the report--
                  (i) were released from detention facilities of the 
                Service (whether operated directly by the Service or 
                through contract with other persons or entities); or
                  (ii) were not taken into custody or detention by the 
                Service on completion of their incarceration.
          (B) The number of criminal aliens described in clause (A) of 
        this paragraph who were convicted of an aggravated felony.
          (C) The number of inadmissible or deportable aliens who were 
        released into the community due to a lack of detention 
        facilities in the 6-month period preceding the date of the 
        submission of the report notwithstanding circumstances that the 
        Attorney General believed justified detention, for example, a 
        significant probability that the released alien would not 
        appear, as agreed, at subsequent exclusion or deportation 
        proceedings.
  (f) Reports on Aliens Granted Refugee Status or Asylum.-- 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 the Senate a report describing--
          (1) the number and countries of origin of aliens granted 
        refugee status or asylum under determinations pursuant to 
        section 131(b) of this title; and
          (2) projections on the number and countries of origin of 
        aliens that are likely to be granted refugee status or asylum 
        under determinations pursuant to section 131(b) of this title 
        for the subsequent 2 fiscal years.
  (g) Reports on Aliens Paroled Into the United States.--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 with the following information:
          (1) The number and categories of aliens paroled into the 
        United States under section 6121 of this title.
          (2) The total number of aliens paroled into and residing in 
        the United States.
          (3) Information and data for each country of origin 
        concerning the number and categories of aliens paroled, the 
        duration of parole, and the current status of aliens paroled.
          (4) The number and categories of aliens returned to the 
        custody from which they were paroled during the prior fiscal 
        year.

                       SUBCHAPTER II--ENFORCEMENT

Sec. 321. Oaths and testimony
  (a) General.--In carrying out this title, the Attorney General, 
immigration officers, other officers and employees of the Immigration 
and Naturalization Service designated by the Attorney General, and 
immigration judges may--
          (1) administer oaths;
          (2) take evidence; and
          (3) subpena witnesses to testify and produce records.
  (b) Enforcement of Subpenas.--If a witness disobeys a subpena issued 
under subsection (a) of this section, the Attorney General, immigration 
officer, designated officer or employee of the Service, or immigration 
judge may bring a civil action to enforce the subpena in the district 
court of the United States for the judicial district in which the 
proceeding is being conducted, or, if the subpena is related to an 
application for naturalization, in any district court of the United 
States. The court may issue an order to obey the subpena and punish a 
refusal to obey as a contempt of court.
  (c) Depositions.--An officer or employee of the Service designated by 
the Attorney General may take a deposition without charge on a matter 
related to carrying out a naturalization or citizenship law. In a case 
involving a likelihood of hardship or unusual delay, the Attorney 
General may authorize the deposition to be taken before a postmaster 
without charge or before an individual authorized to administer oaths 
for general purposes.
Sec. 322. Enforcement authority
  (a) Carrying Firearms and Serving and Executing Process.--Under 
regulations prescribed by the Attorney General, an officer or employee 
of the Immigration and Naturalization Service may--
          (1) carry a firearm; and
          (2) serve and execute an order, warrant, subpena, summons, or 
        other process issued under the authority of the Federal 
        Government.
  (b) Authority Without Warrant.--An officer or employee of the Service 
authorized by regulations prescribed by the Attorney General may, 
without a warrant--
          (1) interrogate an individual believed to be an alien about 
        the individual's right to be or remain in the United States;
          (2) search an individual seeking admission to the United 
        States and the personal effects in the possession of the 
        individual if the officer or employee has reason to suspect 
        that the search will disclose grounds for denying the 
        individual admission to the United States;
          (3) board a vehicle, aircraft, or other conveyance within a 
        reasonable distance from a United States border, or board a 
        vessel within the territorial waters of the United States, to 
        search for aliens;
          (4) within 25 miles from a United States border, have access 
        to private land (but not a dwelling) to patrol the border to 
        prevent the unlawful entry of aliens;
          (5) arrest an alien who, in the presence or view of the 
        officer or employee, is attempting to enter the United States 
        unlawfully, or arrest an alien in the United States who the 
        officer or employee has reason to believe is in the United 
        States unlawfully and is likely to escape before a warrant for 
        the alien's arrest can be obtained, but the alien arrested 
        shall be taken without unnecessary delay for examination before 
        an immigration officer having authority to examine aliens as to 
        their right to enter or remain in the United States;
          (6) arrest a person for an offense against the United States 
        if--
                  (A) the officer or employee is performing duties 
                related to enforcement of the immigration laws at the 
                time of the arrest;
                  (B) the offense is committed in the presence of the 
                officer or employee; and
                  (C) the person is likely to escape before a warrant 
                for the person's arrest can be obtained;
          (7) arrest a person for a felony against the United States 
        under a law of the United States regulating the admission, 
        exclusion, removal, or deportation of aliens if--
                  (A) the officer or employee has reason to believe the 
                person has committed the felony; and
                  (B) the person is likely to escape before a warrant 
                for the person's arrest can be obtained; and
          (8) arrest a person for any other felony against the United 
        States if--
                  (A) the officer or employee is performing duties 
                related to enforcement of the immigration laws at the 
                time of the arrest;
                  (B) the officer or employee has reason to believe the 
                person is committing or has committed the felony;
                  (C) the person is likely to escape before a warrant 
                for the person's arrest can be obtained; and
                  (D) the officer or employee has received 
                certification of completion of a training program as 
                required under subsection (d) of this section.
  (c) Restriction on Warrantless Entry of Outdoor Agricultural 
Operations.--Except as provided in subsection (b)(4) of this section, 
an officer or employee of the Service may not enter the premises of a 
farm or other outdoor agricultural operation, without a warrant or the 
consent of the owner or owner's agent, to interrogate an individual 
believed to be an alien about the individual's right to be or remain in 
the United States.
  (d) Regulations on Enforcement Activities.--An arrest may be made 
under subsection (b)(8) of this section only on and after the date the 
Attorney General prescribes final regulations that specify--
          (1) the categories of officers and employees of the Service 
        who may use force (including deadly force) and the 
        circumstances under which the force may be used;
          (2) standards for enforcement activities of the Service;
          (3) a requirement that, before an officer or employee may 
        make an arrest under subsection (b)(8) of this section, the 
        officer or employee has received certification of completion of 
        a training program covering the arrests and the standards 
        described in clause (2) of this subsection; and
          (4) an expedited, internal review process for violations of 
        the standards, consistent with standard agency procedure 
        regarding confidentiality of matters related to internal 
        investigations.
  (e) Detaining Aliens for Controlled Substances Violations.--(1) An 
officer or employee of the Service designated by Attorney General shall 
decide promptly whether to issue a detainer to detain an alien if any 
federal, state, or local law enforcement official (or another 
official)--
          (A) arrests an alien for violating a law related to 
        controlled substances;
          (B) has reason to believe that the alien is in the United 
        States unlawfully;
          (C) expeditiously informs the officer or employee of the 
        arrest and of facts about the alien's status; and
          (D) requests the Commissioner of Immigration and 
        Naturalization to issue the detainer.
  (2) If the detainer is issued and the alien is not otherwise detained 
by a federal, state, or local law enforcement official, the Attorney 
General shall take custody of the alien expeditiously.
Sec. 323. Authority to support control of borders
  (a) Land Acquisition.--(1) The Attorney General may contract for or 
buy any interest in land, including temporary use rights, adjacent to 
or in the vicinity of an international land border when the Attorney 
General decides the land is essential to control and guard the 
boundaries and borders of the United States against any violation of 
this title.
  (2) The Attorney General may contract for or buy any interest in land 
identified under paragraph (1) of this subsection as soon as the lawful 
owner of that interest fixes a price for it and the Attorney General 
considers that price to be reasonable.
  (3) When the Attorney General and the lawful owner of an interest 
identified under paragraph (1) of this subsection are unable to agree 
upon a reasonable price, the Attorney General may begin condemnation 
proceedings under the Act of August 1, 1888 (40 U.S.C. 257).
  (4) The Attorney General may accept an interest in land identified 
under paragraph (1) of this subsection as a gift for the Federal 
Government.
  (b) Improvement of Barriers at Border.--(1) In consultation with the 
Commissioner of Immigration and Naturalization, the Attorney General 
shall take those actions 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.
  (2)(A) In carrying out paragraph (1) of this subsection, 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. The 
Attorney General shall--
          (i) acquire promptly under subsection (a) of this section 
        those easements necessary to carry out this paragraph;
          (ii) begin construction of fences immediately after acquiring 
        those easements or part of those easements; and
          (iii) while constructing the additional fencing under this 
        paragraph, incorporate those safety features into the design of 
        the fence system necessary to ensure the well-being of border 
        patrol agents deployed within or in near proximity to that 
        system.
  (B) Not more than $12,000,000 may be appropriated to carry out this 
paragraph. Amounts appropriated remain available until expended.
  (3) The provisions of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) and the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) do not apply to actions taken under this 
subsection to the extent the Attorney General decides necessary to 
ensure expeditious construction of the barriers and roads under this 
subsection.
  (c) Improved Border Equipment and Technology.--The Attorney General 
may acquire and use to detect, interdict, and reduce 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 a federal department, agency, or 
instrumentality at the request of the Attorney General.
  (d) Delegation of Authority.--When the Attorney General decides that 
an actual or imminent mass influx of aliens arriving off the coast of 
the United States, or near a land border, presents urgent circumstances 
requiring an immediate federal response, the Attorney General may 
authorize any state or local law enforcement officer, with the consent 
of the head of the department, agency, or establishment under whose 
jurisdiction the individual is serving, to perform or exercise any of 
the powers, privileges, or duties conferred or imposed by this title 
(except subchapter I of chapter 7, chapter 47, subchapters II and III 
of chapter 131, chapters 133 and 135, section 13702, and chapter 151) 
or regulations issued under this title (except any of those provisions) 
on officers or employees of the Immigration and Naturalization Service.
Sec. 324. Preclearance authority
  After consultation with the Secretary of State, the Attorney General 
may authorize officers of a foreign country to be stationed at 
preclearance facilities in the United States to ensure that individuals 
traveling from or through the United States to that foreign country 
comply with that country's immigration and related laws. Those 
officers--
          (1) may exercise the authority and perform the duties United 
        States immigration officers are authorized to exercise and 
        perform in that foreign country under reciprocal agreement; and
          (2) shall enjoy those reasonable privileges and immunities 
        necessary for the performance of their duties as the government 
        of their country extends to United States immigration officers.
Sec. 325. Preinspection at foreign airports
  (a) Establishment of Preinspection Stations.--(1) Not later than 
October 31, 1998, the Attorney General, in consultation with the 
Secretary of State, shall establish and maintain preinspection stations 
in at least 5 of the foreign airports that are among the 10 foreign 
airports which the Attorney General identifies as serving as last 
points of departure for the greatest numbers of inadmissible alien 
passengers who arrive by air at ports of entry within the United 
States. These preinspection stations shall be in addition to any 
preinspection stations established before September 30, 1996.
  (2) Not later than October 31, 2000, the Attorney General, in 
consultation with the Secretary, shall establish preinspection stations 
in at least 5 additional foreign airports which the Attorney General, 
in consultation with the Secretary, determines, based on the data 
compiled under subsection (b) of this section and other information as 
may be available, would most effectively reduce the number of aliens 
who arrive from abroad by air at points of entry within the United 
States who are inadmissible to the United States. These preinspection 
stations shall be in addition to those established before September 30, 
1996, or under paragraph (1) of this subsection.
  (3) Before establishing a preinspection station under paragraph (1) 
or (2) of this subsection, the Attorney General, in consultation with 
the Secretary, shall ensure that--
          (A) federal employees stationed at the preinspection station 
        and their accompanying family members will receive appropriate 
        protection;
          (B) those employees and their families will not be subject to 
        unreasonable risks to their welfare and safety; and
          (C)(i) the country in which the preinspection station is to 
        be established maintains practices and procedures with respect 
        to asylum seekers and refugees in accordance with the 
        Convention Relating to the Status of Refugees (done at Geneva, 
        July 28, 1951), or the Protocol Relating to the Status of 
        Refugees (done at New York, January 31, 1967); or
          (ii) that an alien in the country otherwise has recourse to 
        avenues of protection from return to persecution.
  (b) Data Collection.--Not later than November 1 of each year, the 
Attorney General shall compile data identifying--
          (1) 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 prior fiscal 
        years;
          (2) the number and nationality of aliens described in clause 
        (1) of this subsection arriving from each foreign airport; and
          (3) the primary routes those aliens followed from their 
        country of origin to the United States.
  (c) 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 under subsection (b) of this section, 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.
  (d) Report.--Not later than October 31, 1998, the Attorney General 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the implementation of subsection 
(a)(1) of this section.
Sec. 326. Enforcement by States
  (a) State Presence.--To ensure the effective enforcement of this 
title, the Attorney General shall allocate to each State at least 10 
full-time active duty agents of the Immigration and Naturalization 
Service to carry out the functions of the Service.
  (b) Acceptance of State Services.--(1) Notwithstanding section 1342 
of title 31, the Attorney General may make a written agreement with a 
State, or any political subdivision of a State, under which an officer 
or employee of the State or subdivision that the Attorney General 
decides is qualified to perform a function of an immigration officer 
related to the investigation, apprehension, or detention of aliens in 
the United States (including the transportation of those aliens across 
state lines to detention centers) may carry out that function at the 
expense of the State or subdivision and to the extent consistent with 
state and local law.
  (2) An agreement under this subsection shall--
          (A) require that an officer or employee of a State or 
        political subdivision of a State performing a function under 
        the agreement has knowledge of, and adheres to, federal law 
        related to the function; and
          (B) contain a written certification that the officer or 
        employee performing the function under the agreement has 
        received adequate training about the enforcement of relevant 
        federal immigration laws.
  (3) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State--
          (A) shall be subject to the direction and supervision of the 
        Attorney General; and
          (B) may use federal property or facilities, as provided in a 
        written agreement between the Attorney General and the State or 
        subdivision.
  (4) For each officer or employee of a State or political subdivision 
of a State who is authorized to perform a function under this 
subsection, the written agreement between the Attorney General and the 
State or subdivision required under paragraph (1) of this subsection 
shall state--
          (A) the specific powers and duties that may be, or are 
        required to be, exercised or performed by the officer or 
        employee;
          (B) the duration of the authority of the officer or employee; 
        and
          (C) the position of the individual who is required to 
        supervise and direct the officer or employee.
  (5) The Attorney General may not accept a service under this 
subsection if the service will be used to displace any federal 
employee.
  (6) Except as provided in paragraph (7) of this subsection, an 
officer or employee of a State or political subdivision of a State 
performing functions under this subsection may not be treated as a 
federal employee for any purpose other than for purposes of chapter 81 
of title 5 and chapter 171 of title 28.
  (7) An officer or employee of a State or political subdivision of a 
State acting under color of authority under this subsection, or any 
agreement entered into under this subsection, shall be considered to be 
acting under color of federal authority for purposes of determining the 
liability, and immunity from suit, of the officer or employee in a 
civil action brought under federal or state law.
  (8) This subsection does not require--
          (A) any State or political subdivision of a State to make an 
        agreement with the Attorney General under this subsection; and
          (B) an agreement under this subsection in order for any 
        officer or employee of a State or subdivision--
                  (i) to communicate with the Attorney General 
                regarding the immigration status of any individual, 
                including reporting knowledge that a particular alien 
                is not lawfully present in the United States; or
                  (ii) to otherwise cooperate with the Attorney General 
                in the identification, apprehension, detention, or 
                removal of aliens not lawfully present in the United 
                States.
Sec. 327. Local jurisdiction over immigrant stations
  A law enforcement official responsible for enforcing the law of a 
State, territory, or possession of the United States in which an 
immigrant station is located has jurisdiction over the station and may 
enter the station to preserve the peace and make arrests for offenses 
under the laws of the State, territory, or possession. A court of the 
State, territory, or possession has jurisdiction over the immigrant 
station on a matter related to the enforcement of the law of the State, 
territory, or possession.
Sec. 328. Acceptance of state assistance for transporting deportable 
                    criminal aliens
  (a) Authority.--Subject to subsection (b) of this section and 
notwithstanding any other provision of law, the Attorney General may 
accept, hold, administer, and use gifts of property and services (but 
not cash) from state and local governments to assist the Immigration 
and Naturalization Service in the transportation of deportable aliens 
who are arrested for misdemeanors or felonies under federal or state 
law and who are unlawfully in the United States or willing to submit to 
voluntary departure under safeguards. Property acquired under this 
section shall be acquired in the name of the Federal Government.
  (b) Limitation.--If the Attorney General decides that the exercise of 
the authority under subsection (a) of this section has resulted in 
discrimination by law enforcement officials on the basis of race, 
color, or national origin, the Attorney General shall terminate the 
exercise of that authority.
Sec. 329. Automated permit pilot projects
  In consultation with the Secretary of the Treasury, the Attorney 
General may conduct pilot projects to demonstrate the use of designated 
ports of entry after working hours through the use of card reading 
machines or other appropriate technology.
Sec. 330. Automated entry-exit control system
  (a) System.--Not later than September 30, 1998, the Attorney General 
shall develop an automated entry and exit control system that will--
          (1) collect a record of departure for every alien departing 
        the United States and match the records of departure with the 
        record of the alien's arrival in the United States; and
          (2) enable the Attorney General to identify, through on-line 
        searching procedures, lawfully admitted nonimmigrants who 
        remain in the United States beyond the period authorized by the 
        Attorney General.
  (b) Use of Information on Overstays.--Information about aliens who 
have remained in the United States beyond their authorized period of 
stay identified through the system developed under subsection (a) of 
this section 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.
  (c) Report.--Not later than December 31 of each year following the 
development of the system under subsection (a) of this section, the 
Attorney General shall submit to the Committees on the Judiciary of the 
House of Representatives and the Senate an annual report on the system. 
The report shall include the following information:
          (1) The number of departure records collected, with an 
        accounting by country of nationality of the departing alien.
          (2) 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.
          (3) The number of aliens who arrived as nonimmigrants, or as 
        visitors under the visa waiver program under section 2128 of 
        this title, for whom no matching departure record has been 
        obtained through the system or through other means as of the 
        end of the alien's authorized period of stay, with an 
        accounting by the alien's country of nationality and date of 
        arrival in the United States.

           SUBCHAPTER III--FINANCIAL ADMINISTRATION AND FEES

Sec. 341. Crediting appropriations
  (a) Landing Stations.--Amounts deposited in the Treasury to reimburse 
the Immigration and Naturalization Service for expenses paid by the 
Service from the appropriation ``Immigration and Naturalization 
Service--Salaries and Expenses'' for a landing station referred to in 
section 6905(c) of this title and for detained aliens shall be credited 
to that appropriation for the fiscal year in which the expenses were 
incurred.
  (b) Amounts Recovered After Buying Evidence.--Amounts expended from 
the appropriation ``Immigration and Naturalization Service--Salaries 
and Expenses'' to buy evidence and later recovered shall be credited to 
that appropriation for the fiscal year in which the recovery is made.
Sec. 342. Interest on immigration bonds
  (a) Earning of Interest.--The Attorney General shall deposit in the 
Treasury cash received as security on an immigration bond, with the 
cash to be held in trust for the obligor on the bond. The cash shall 
earn interest at a rate the Secretary of the Treasury prescribes, but 
the rate may not be more than 3 percent a year. Interest shall accrue 
from the date of deposit through the date of withdrawal or the date of 
breach of the bond, whichever is earlier. However, cash received as 
security on an immigration bond and deposited by the Attorney General 
in the postal savings system discontinued on April 27, 1966, shall earn 
interest under this subsection from the date the cash stopped earning 
interest under the system. Appropriations to the Department of the 
Treasury for interest on uninvested amounts are available for payment 
of the interest.
  (b) Disposition of Interest.--Interest earned under this section 
shall be disposed of in the same way as the principal, except that 
interest earned before the date of a breach shall be paid to the 
obligor on the bond.
Sec. 343. Use of appropriations for undercover investigations
  (a) General.--(1) With respect to any undercover investigative 
operation of the Immigration and Naturalization Service which is 
necessary for the detection and prosecution of crimes against the 
Federal Government--
          (A) amounts 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:
                  (i) sections 1341 and 3324 of title 31;
                  (ii) the third undesignated paragraph under the 
                heading ``Miscellaneous'' of the Act of March 3, 1877 
                (40 U.S.C. 34);
                  (iii) section 3732(a) of the Revised Statutes (41 
                U.S.C. 11(a));
                  (iv) section 3741 of the Revised Statutes (41 U.S.C. 
                22);
                  (v) sections 304(a) and 305 of the Federal Property 
                and Administrative Services Act of 1949 (41 U.S.C. 254 
                (a), 255);
          (B) amounts 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 
        those corporations or business entities on a commercial basis, 
        without regard to section 9102 of title 31;
          (C) amounts appropriated for the Service, and proceeds from 
        the undercover operation, may be deposited in banks or other 
        financial institutions without regard to section 648 of title 
        18 and section 3302(a) of title 31; and
          (D) proceeds from the undercover operation may be used to 
        offset necessary and reasonable expenses incurred in the 
        operation without regard to section 3302(b) title 31.
  (2) The authority in this subsection may be exercised only on written 
certification of the Commissioner of Immigration and Naturalization, in 
consultation with the Deputy Attorney General, that an action 
authorized by paragraph (1) of this subsection 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 referred to in subsection (a)(1)(C) and (D) of this section 
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 
in the Treasury 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 subsection (a)(1)(B) of this section with a 
net value of more than $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 as miscellaneous receipts.
  (d) Financial Audits.--The Commissioner shall conduct a detailed 
financial audit of each closed undercover operations on a quarterly 
basis and shall report the results of the audits in writing to the 
Deputy Attorney General.
Sec. 344. Breached Bond/Detention Fund
  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Breached Bond/Detention Fund''.
  (b) Refunds.--(1) At least quarterly, the Secretary of the Treasury 
shall refund amounts from the Fund to the Immigration and 
Naturalization Service for--
          (A) expenses incurred in collecting breached bonds; and
          (B) expenses associated with the detention of illegal aliens.
  (2) The amount required to be refunded for each fiscal year shall be 
refunded in accordance with estimates made in the budget request of the 
Attorney General for that fiscal year. However, any proposed change in 
the amount designated in the budget request may be made only after 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate under section 606 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (Public Law 102-395, 106 Stat. 1873).
  (c) Deposits.--All breached cash and surety bonds, more than 
$8,000,000, posted under this title and recovered by the Attorney 
General shall be deposited in the Fund as offsetting receipts.
  (d) Availability of Amounts.--Amounts deposited in the Fund remain 
available until expended.
  (e) Reports.--The Attorney General shall submit annually to Congress 
a statement on the financial condition of the Fund, including the 
beginning balance, receipts, refunds to appropriations, transfers to 
the general fund, and the ending balance.
Sec. 345. Immigration User Fee Account
  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Immigration User Fee Account''.
  (b) Refunds.--(1) The Secretary of the Treasury shall refund out of 
the Account to any appropriation the amount paid out of that 
appropriation for expenses incurred by the Attorney General in--
          (A) providing immigration inspection and preinspection 
        services for a commercial vessel or aircraft;
          (B) providing overtime, Sunday, or holiday immigration 
        inspection services for a commercial vessel or aircraft;
          (C) administering debt recovery, including establishing and 
        operating a national collections office;
          (D) expanding, operating, and maintaining information systems 
        for nonimmigrant control and debt collection;
          (E) detecting fraudulent documents used by passengers 
        traveling to the United States, including training of, and 
        technical assistance to, commercial airline personnel regarding 
        that detection;
          (F) providing detention and removal services for an 
        inadmissible alien--
                  (i) arriving on a commercial vessel or aircraft; or
                  (ii) attempting to enter the United States illegally 
                by avoiding immigration inspection at an air or sea 
                port of entry; and
          (G) providing removal and asylum proceedings at an air or sea 
        port of entry for an inadmissible alien--
                  (i) arriving on a commercial vessel or aircraft, 
                including providing removal proceedings resulting from 
                presentation of fraudulent documentation or failure to 
                present documentation; or
                  (ii) attempting to enter the United States illegally 
                by avoiding immigration inspection at an air or sea 
                port of entry.
  (2) Amounts required to be refunded under paragraph (1) of this 
subsection shall be refunded at least quarterly on the basis of 
estimates, made by the Attorney General, of the expenses referred to in 
paragraph (1). Proper adjustments shall be made in the amounts 
subsequently refunded under paragraph (1) to the extent prior estimates 
were more or less than the amount required to be refunded.
  (3) In each fiscal year, the Attorney General shall expend for 
training and assistance described in paragraph (1)(E) of this 
subsection an amount that is at least 5 percent of the total expenses 
the Attorney General incurs under paragraph (1) of this subsection in 
that fiscal year.
  (c) Deposits.--The following shall be deposited in the Account:
          (1) Fees collected under section 7308(a) of this title, 
        deposited as offsetting receipts.
          (2) Civil penalties collected under sections 10120, 10122, 
        and 10123 of this title.
          (3) Liquidated damages and expenses collected under this 
        title (except subchapter I of chapter 7, chapter 47, 
        subchapters II and III of chapter 131, chapters 133 and 135, 
        section 13702, and chapter 151).
  (d) Availability of Amounts.--Amounts deposited in the Account under 
subsection (c)(1) of this section remain available until expended.
  (e) Reports.--(1) At the end of each 2-year period beginning with the 
establishment of the Account, the Attorney General, following a public 
rulemaking with notice and an opportunity for comment, shall submit a 
report to Congress--
          (A) describing the status of the Account, including the 
        balance; and
          (B) recommending any change in the fee specified in section 
        7308(a) of this title to ensure that amounts collected from the 
        fee for the succeeding 2 years equal, as closely as possible, 
        the cost of providing the services for which the fee is 
        charged.
  (2) In addition to the reporting requirement under paragraph (1) of 
this subsection, the Attorney General shall submit to Congress not 
later than March 31 of each year a statement showing--
          (A) the financial condition of the Account, including the 
        beginning balance, revenues, withdrawals and their purpose, the 
        ending balance, projections for the next fiscal year, and a 
        complete workload analysis showing on a port-by-port basis the 
        current and projected need for inspectors; and
          (B) the success rate of the Immigration and Naturalization 
        Service in meeting the 45-minute inspection standard imposed by 
        section 304 of this title, detailed statistics on the number of 
        passengers inspected within the standard, progress being made 
        to expand the use of United States citizen by-pass, the number 
        of passengers for whom the standard is not met and the length 
        of their delay, locational breakdown of these statistics, and 
        the steps being taken to correct any nonconformity.
Sec. 346. Immigration Examinations Fee Account
  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Immigration Examinations Fee Account''.
  (b) Use of Amounts.--Amounts in the Account are available to the 
Attorney General to reimburse any appropriation by the amount paid from 
that appropriation for expenses in--
          (1) providing immigration adjudication and naturalization 
        services; and
          (2) collecting, safeguarding, and accounting for fees 
        deposited in, and amounts reimbursed from, the Account.
  (c) Deposits.--Immigration adjudication fees designated by the 
Attorney General by regulation shall be deposited in the Account as 
offsetting receipts, whether collected directly by the Attorney General 
or through clerks of courts. However, fees the Attorney General 
receives from applicants residing in the Virgin Islands or Guam shall 
be paid to the treasury of the Virgin Islands or the treasury of Guam, 
respectively.
  (d) Availability of Amounts.--Amounts deposited in the Account remain 
available to the Attorney General until expended.
  (e) Reports.--The Attorney General shall submit annually to Congress 
a statement on the financial condition of the Account, including the 
beginning balance, revenues, withdrawals, the ending balance, and 
projections for the next fiscal year.----
Sec. 347. Immigration Enforcement Account
  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Immigration Enforcement Account''.
  (b) Refunds.--(1) The Secretary of the Treasury shall refund out of 
the Account to any appropriation the amount paid out of that 
appropriation for expenses incurred by the Attorney General in--
          (A) identifying, investigating, apprehending, detaining, and 
        removing criminal aliens;
          (B) maintaining and updating a system to identify and track 
        criminal aliens, deportable aliens, inadmissible aliens, and 
        aliens illegally entering the United States; and
          (C) repairing, maintaining, or constructing on the United 
        States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, structures to deter illegal 
        entry into the United States.
  (2) Amounts required to be refunded under paragraph (1) of this 
subsection shall be refunded at least quarterly on the basis of 
estimates, made by the Attorney General, of the expenses referred to in 
paragraph (1). Proper adjustments shall be made in the amounts 
subsequently refunded under paragraph (1) to the extent prior estimates 
were more or less than the amount required to be refunded.
  (3) Amounts required to be refunded from the Account shall be 
refunded in a fiscal year on the basis of estimates made in the budget 
request of the Attorney General for that fiscal year. However, any 
proposed changes in the amount designated in that budget request may be 
made only after notification to the Committees on Appropriations of the 
House of Representatives and the Senate under section 101(a) [Sec. 605] 
of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 
(Public Law 104-134, 110 Stat. 1321-63).
  (c) Deposits.--The following shall be deposited as offsetting 
receipts in the Account:
          (1) amounts collected from the increase in penalties 
        collected resulting from the amendments made by sections 203(b) 
        and 543(a) of the Immigration Act of 1990 (Public Law 101-649, 
        104 Stat. 5018, 5057).
          (2) civil penalties collected under sections 10125, 10126, 
        and 10127 of this title.
  (d) Availability of Amounts.--Amounts deposited in the Account remain 
available until expended.
  (e) Reports.--The Attorney General shall submit annually to Congress 
a statement on the financial condition of the Account, including the 
beginning balance, revenues, withdrawals, ending balance, and 
projections for the next fiscal year.
Sec. 348. Immigration Detention Account
  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Immigration Detention Account''.
  (b) Refunds.--(1) The Secretary of the Treasury shall refund out of 
the Account to any appropriation the amount paid out of that 
appropriation for expenses incurred by the Attorney General for the 
detention of aliens under sections 6702(c) and 6715 of this title.
  (2) Amounts required to be refunded under paragraph (1) of this 
subsection shall be refunded at least quarterly on the basis of 
estimates, made by the Attorney General, of the expenses referred to in 
paragraph (1). Proper adjustments shall be made in the amounts 
subsequently refunded under paragraph (1) to the extent prior estimates 
were more or less than the amount required to be refunded.
  (3) Amounts required to be refunded from the Account shall be 
refunded in a fiscal year on the basis of estimates made in the budget 
request of the Attorney General for that fiscal year. However, any 
proposed changes in the amount designated in that budget request may be 
made only after notification to the Committees on Appropriations of the 
House of Representatives and the Senate under section 101(a) [Sec. 605] 
of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 
(Public Law 104-134, 110 Stat. 1321-63).
  (c) Deposits.--Amounts described in section 9102(d)(2) of this title 
shall be deposited as offsetting receipts in the Account.
  (d) Availability of Amounts.--Amounts deposited in the Account remain 
available until expended.
  (e) Reports.--The Attorney General shall submit annually to Congress 
a statement on the financial condition of the Account, including the 
beginning balance, revenues, withdrawals, ending balance, and 
projections for the next fiscal year.
Sec. 349. Land border inspection fees
  (a) Fee Authority.--(1) The Attorney General may establish, by 
regulation, not more than 6 projects under which a fee may be charged 
and collected for inspection services at land border places of entry. A 
project may include commuter lanes to be made available to qualified 
citizens of the United States and aliens, as the Attorney General 
decides. Fees collected under this subsection shall be deposited as 
offsetting receipts in the Account established under subsection (b)(1) 
of this section.
  (2) A project described in paragraph (1) of this subsection that was 
not authorized to be committed before September 30, 1996, may be 
implemented 30 days after the Attorney General submits a written plan 
detailing the proposed implementation of the project.
  (b) Land Border Inspection Fee Account.--(1) There is a separate 
account in the Treasury known as the ``Land Border Inspection Fee 
Account''.
  (2) At least quarterly, the Secretary of the Treasury shall refund 
out of the Account to any appropriation amounts for expenses incurred 
in providing inspection services at land border places of entry, 
including expenses of--
          (A) providing overtime inspection services;
          (B) expanding, operating, and maintaining information systems 
        for nonimmigrant control;
          (C) employing additional permanent and temporary inspectors;
          (D) minor construction costs associated with the addition of 
        new traffic lanes (with the concurrence of the Administrator of 
        General Services);
          (E) detecting fraudulent documents used by passengers 
        traveling to the United States; and
          (F) administering the Account.
  (3) Amounts required to be refunded from the Account for each fiscal 
year shall be refunded in accordance with estimates made in the budget 
request of the Attorney General for that fiscal year. However, any 
proposed change in the amount designated in the budget request may be 
made only after notification to the Committees on Appropriations of the 
House of Representatives and the Senate under section 606 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1990 (Public Law 101-162, 103 Stat. 1031).
  (c) Availability of Amounts.--Amounts deposited in the Account remain 
available until expended.
  (d) Reports.--(1) The Attorney General shall submit annually to 
Congress a statement on the financial condition of the Account, 
including the beginning balance, revenues, withdrawals, the ending 
balance, and projections for the next fiscal year.
  (2) The Attorney General shall submit quarterly to Congress a status 
report on each land border inspection project established under this 
section.
  (e) Expiration.--This section expires on September 30, 2000.
Sec. 350. Immigration emergency fund
  (a) Establishment.--There is an immigration emergency fund in the 
Treasury.
  (b) Uses.--(1) Amounts in the fund may be used--
          (A) to provide for an increase in border patrol or other 
        enforcement activities of the Immigration and Naturalization 
        Service;
          (B) to reimburse state and local governments for providing 
        assistance requested by the Attorney General in meeting an 
        immigration emergency, but only if the President has decided 
        that an emergency exists and has certified the existence of the 
        emergency to the Committees on the Judiciary of the House of 
        Representatives and the Senate; and
          (C) subject to paragraphs (2)-(4) of this subsection, to 
        reimburse state and local governments for providing assistance 
        required by the Attorney General, without the need for a 
        decision by the President that an emergency exists--
                  (i) when a district director of the Service certifies 
                to the Commissioner of Immigration and Naturalization 
                that the number of asylum applications filed in the 
                director's district during a calendar quarter is at 
                least 1,000 more than the number of asylum applications 
                filed in that district during the prior calendar 
                quarter;
                  (ii) when the lives, property, safety, or welfare of 
                the residents of a State or locality are endangered; or
                  (iii) in other circumstances that the Attorney 
                General decides.
  (2) Providing parole at a place of entry in a district shall be 
counted, under paragraph (1)(C)(i) of this subsection, as filing an 
application for asylum in that district.
  (3) Not more than $20,000,000 may be made available for all state and 
local governments under paragraph (1)(C) of this subsection.
  (4) A state or local government seeking reimbursement under paragraph 
(1)(C) of this subsection must file an application with the Attorney 
General. The Attorney General shall make a decision on the application 
not later than 15 days after receiving the application.
  (c) Regulations.--The Attorney General shall prescribe regulations to 
carry out this section including a delineation of--
          (1) scenarios that constitute an immigration emergency;
          (2) the process by which the President declares an 
        immigration emergency;
          (3) the role of the chief executive officer of a State and 
        local officials of that State in requesting a declaration of 
        emergency;
          (4) a definition of ``assistance required by the Attorney 
        General'' in subsection (b)(1)(C) of this subsection;
          (5) the process by which state and local governments are 
        reimbursed; and
          (6) definitions of terms in subsection (b)(1)(C)(ii) of this 
        section and the term ``in other circumstances'' in subsection 
        (b)(1)(C)(iii).
  (d) Authorization of Appropriations.--An amount may be appropriated 
to the fund each fiscal year so that the balance in the fund is 
$35,000,000.

                  SUBCHAPTER IV--INFORMATION SERVICES

Sec. 361. Information system on impact of immigration laws
  (a) Establishment.--In consultation with interested academicians, 
governmental authorities, and other parties, the Commissioner of 
Immigration and Naturalization shall provide for a system to collect 
and disseminate information not in individually identifiable form that 
is useful in evaluating the social, economic, environmental, and 
demographic impact of the immigration laws.
  (b) Type of Information To Be Collected and Disseminated.--
Information collected under subsection (a) of this section shall 
include information on--
          (1) the alien population in the United States;
          (2) the rates of naturalization and emigration of resident 
        aliens;
          (3) aliens who have been admitted, paroled, or granted 
        asylum;
          (4) nonimmigrants in the United States (by occupation, basis 
        for admission, and length of stay);
          (5) aliens who have not been admitted or have been removed 
        from the United States;
          (6) the number of applications filed and granted for 
        cancellation of removal; and
          (7) the number of aliens estimated to be present unlawfully 
        in the United States in each fiscal year.
  (c) Frequency of Collection and Dissemination and Recipients of 
Information.--The system shall provide that information be collected 
and disseminated at least annually to Congress and the public.
  (d) Report.--The Commissioner shall submit annually to Congress a 
report containing--
          (1) a summary of information collected under subsection (a) 
        of this section;
          (2) an analysis of trends in immigration and naturalization; 
        and
          (3) information on the number, and rate of denial 
        administratively, of applications for naturalization, for each 
        district office of the Immigration and Naturalization Service 
        and by national origin group.
Sec. 362. Records on aliens
  (a) Central File on Aliens.--For the use of security and enforcement 
agencies of the Federal Government, the Commissioner of Immigration and 
Naturalization shall maintain a central file on aliens that is based on 
the records of the Immigration and Naturalization Service. The file 
shall contain--
          (1) the name of each alien admitted or denied admission to 
        the United States;
          (2) the name of the alien's sponsor of record; and
          (3) other information relevant to the enforcement of this 
        title that the Attorney General may require.
  (b) Providing Information to the Attorney General.--(1) On request of 
the Attorney General, the head of a federal department, agency, or 
instrumentality shall provide the Commissioner with information in the 
records of the department, agency, or instrumentality about the 
identity and location of an alien in the United States.
  (2) The Attorney General may require an alien to provide the alien's 
social security account number for inclusion in any record of the alien 
maintained by the Attorney General or the Commissioner.
Sec. 363. Information about criminal aliens
  (a) Aliens Arrested for or Convicted of Aggravated Felonies.--(1) The 
Attorney General shall devise and carry out a system--
          (A) to make the investigative resources of the Immigration 
        and Naturalization Service available, daily and on a 24-hour 
        basis, to federal, state, and local authorities to decide 
        whether an individual arrested by any of those authorities for 
        an aggravated felony is an alien;
          (B) to designate and train officers and employees of the 
        Service in each district to serve as liaison to federal, state, 
        and local law enforcement and correctional agencies and courts 
        in matters involving the arrest, conviction, and release of 
        aliens charged with aggravated felonies; and
          (C) to maintain a current record, using computer resources, 
        showing aliens who have been convicted of aggravated felonies 
        and indicating those who have been removed.
  (2) The record referred to in paragraph (1)(C) of this subsection 
shall be made available to--
          (A) inspectors at ports of entry and to border patrol agents 
        at sector headquarters for purposes of immediate identification 
        of any alien who was previously ordered removed and is seeking 
        to reenter the United States; and
          (B) the Secretary of State for use in the Department of 
        State's automated visa lookout system.
  (3) On request of the chief executive officer of a State, the 
Commissioner of Immigration and Naturalization shall provide assistance 
to state courtson the identification of aliens unlawfully present in 
the United States pending criminal prosecution.
  (b) Criminal Alien Tracking Center.-- (1) The Commissioner shall 
operate a criminal alien identification system under subsection (a) of 
this section. The system shall be used to assist federal, state, and 
local law enforcement authorities in identifying and locating aliens 
who may be subject to removal because they--
          (A) have been convicted of aggravated felonies;
          (B) are subject to prosecution under section 10148, 10153, or 
        10155 of this title;
          (C) are not lawfully present in the United States; or
          (D) are otherwise removable.
  (2) The system shall allow for recording into appropriate automated 
fingerprint identification systems the fingerprint records of aliens 
who have been previously arrested and removed.
  (3) Not more than $5,000,000 may be appropriated for each of the 
fiscal years ending September 30, 1998-2001, to carry out this 
subsection.
Sec. 364. Information about transporting alien females for prostitution 
                    and debauchery
  To prevent the transportation in foreign commerce of alien females 
for prostitution and debauchery, and to carry out the arrangement 
adopted July 25, 1902, for the suppression of white-slave traffic, the 
Commissioner of Immigration and Naturalization shall--
          (1) maintain a central file of information about the 
        procurement of alien females for prostitution and debauchery;
          (2) establish the identity of the alien females, take 
        statements they may make, ascertain who induced them to leave 
        their native countries, and supervise the females; and
          (3) receive statements filed under this section and section 
        2424 of title 18, and provide receipts to individuals filing 
        the statements.
Sec. 365. Communication between government entities and the Immigration 
                    and Naturalization Service
  (a) General.--A federal, state, or local governmental entity or 
official may not prohibit, or in any way restrict, any governmental 
entity or official from sending to, or receiving from, the Immigration 
and Naturalization Service information about the citizenship or 
immigration status, lawful or unlawful, of any individual.
  (b) Additional Authority of Government Entities.--An individual, 
person, or entity may not prohibit, or in any way restrict, a federal, 
state, or local governmental entity from doing any of the following 
with respect to information about the immigration status, lawful or 
unlawful, of any individual:
          (1) Sending that information to, or requesting or receiving 
        that information from, the Service.
          (2) Maintaining that information.
          (3) Exchanging that information with any other federal, 
        state, or local governmental entity.
  (c) Obligation To Respond to Inquiries.--The Commissioner of 
Immigration and Naturalization shall respond to an inquiry by a 
federal, state, or local governmental entity, seeking to verify or 
ascertain the citizenship or immigration status of any individual 
within the jurisdiction of the entity for any purpose authorized by 
law, by providing the requested verification or status information.
Sec. 366. Limitations on disclosure of information
  (a) General.--(1) Excepted as provided in subsection (b) of this 
section, the Attorney General, or any other official or employee of the 
Department of Justice, may not--
          (A) unless an alien has been convicted of a crime referred to 
        in section 6506(a), (b), (c), (d), or (f) of this title, make 
        an adverse determination of admissibility or deportability of 
        the alien under this title using information furnished solely 
        by--
                  (i) a spouse or parent who has battered the alien or 
                subjected the alien to extreme cruelty;
                  (ii) 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 the battery or cruelty;
                  (iii) 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
                  (iv) 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 the battery or cruelty 
                and the alien did not actively participate in the 
                battery or cruelty; or
          (B) permit use by or disclosure to anyone (other than a sworn 
        officer or employee of the Department for legitimate Department 
        purposes) of any information related to an alien who is the 
        beneficiary of an application for relief under section 
        4301(a)(3), (4), (6), or (7), 4506(b)(1)(C), or 6721(c) of this 
        title as an alien (or the parent of a child) who has been 
        battered or subjected to extreme cruelty.
  (2) The limitation under paragraph (1)(B) of this subsection ends 
when an application for relief is denied and all opportunities for 
appeal of the denial have been exhausted.
  (b) Exceptions.--(1) The Attorney General may provide 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.
  (2) The Attorney General may provide for the disclosure of 
information to law enforcement officials to be used solely for a 
legitimate law enforcement purpose.
  (3) Subsection (a) of this section does not prohibit disclosure of 
information in connection with judicial review of a determination in a 
manner that protects the confidentiality of that information.
  (4) Subsection (a)(1)(B) of this section does not apply if all the 
battered individuals in the case are adults and they have all waived 
the restrictions of that subsection.
  (5) The Attorney General may disclose information to federal, state, 
and local public and private agencies providing benefits only to 
determine eligibility for benefits under section 15102(b)(8) and (c) of 
this title.
Sec. 367. Proof of nonexistence of records
  A certification by the Attorney General, or by an officer or employee 
of the Immigration and Naturalization Service designated by the 
Attorney General, that a diligent search of the records of the Service 
has failed to disclose a particular record is admissible in any 
proceeding as evidence that the records of the Service do not contain 
the record.

                     CHAPTER 5--DEPARTMENT OF STATE

Sec.
501.  General authority of the Secretary of State.
502.  Administrator.
503.  Passport Office, Visa Office, and other offices.
504.  Sharing information about foreign traffickers in controlled 
          substances.
505.  Automated Visa Lookout System.
506.  Surcharge for processing machine readable visas.
507.  Confidentiality of records.
Sec. 501. General authority of the Secretary of State
  (a) General Authority.--The Secretary of State shall carry out the 
provisions of this title, and other immigration and nationality laws, 
related to--
          (1) duties and powers of the Administrator designated under 
        section 502 of this title;
          (2) duties and powers of diplomatic and consular officers, 
        except duties and powers of consular officers related to 
        issuing and refusing to issue visas; and
          (3) a decision about the nationality of an individual not in 
        the United States.
  (b) Delegation.--In carrying out this title, the Secretary, with the 
consent of the head of a federal department, agency, or instrumentality 
may require or authorize an officer or employee of the department, 
agency, or instrumentality to carry out a duty or power of an officer 
or employee of the Department of State.
Sec. 502. Administrator
  (a) Designation.--The Secretary shall designate an Administrator. The 
Administrator must be a citizen of the United States and be qualified 
by experience.
  (b) Duties and Powers.--The Administrator shall--
          (1) carry out duties and powers prescribed by the Secretary 
        of State;
          (2) maintain close liaison with the appropriate committees of 
        Congress to advise them on the administration of this title by 
        consular officers; and
          (3) maintain direct and continuous liaison with the 
        Commissioner of Immigration and Naturalization to carry out the 
        immigration and nationality laws in a coordinated, uniform, and 
        efficient way.
Sec. 503. Passport Office, Visa Office, and other offices
  (a) General.--The Department of State has a Passport Office, a Visa 
Office, and other offices the Secretary of State decides are 
appropriate. The head of each office is a director. The Directors of 
the Passport Office and the Visa Office must be experienced in carrying 
out the immigration and nationality laws.
  (b) Functions.--The Passport Office carries out laws related to 
issuing passports. The Visa Office carries out immigration laws related 
to issuing visas.
  (c) General Counsel of Visa Office.--The Visa Office has a General 
Counsel appointed by the Secretary. The General Counsel serves under 
the general direction of the Legal Adviser of the Department. The 
General Counsel may maintain liaison with the appropriate officers of 
the Immigration and Naturalization Service to achieve a uniform 
interpretation of this title.
Sec. 504. Sharing information about foreign traffickers in controlled 
                    substances
  To ensure that foreign traffickers in controlled substances are 
denied visas to enter the United States (as required by section 
6309(a)(3) of this title)--
          (1) the Secretary of State shall cooperate with United States 
        law enforcement agencies, including the Drug Enforcement 
        Administration and the Customs Service, in establishing a 
        comprehensive information system on all drug arrests of foreign 
        nationals in the United States so that the information can be 
        communicated to the appropriate United States embassies; and
          (2) the National Drug Enforcement Policy Board shall agree on 
        uniform guidelines that would permit the sharing of information 
        of foreign traffickers in controlled substances.
Sec. 505. Automated Visa Lookout System
  (a) Inclusion of Names.--(1) Except as provided in paragraph (2) of 
this subsection, the Secretary of State may not include in the 
Automated Visa Lookout System, or in any other system or list that 
maintains information about the inadmissibility of aliens under this 
title, the name of an alien who is not inadmissible under this title.
  (2) The Secretary may add to or retain in such a system or list the 
name of an alien who is not inadmissible only if included for otherwise 
authorized law enforcement purposes or other lawful purposes of the 
Department of State. A name included for other lawful purposes under 
this paragraph shall include a notation clearly and distinctly 
indicating that the individual is not presently inadmissible. The 
Secretary shall establish procedures to ensure that a visa is not 
denied to the individual for any reason not provided in this title.
  (3) The Secretary shall publish in the Federal Register regulations 
on the maintenance and use by the Department of systems and lists for 
purposes described in paragraph (2) of this subsection.
  (4) This subsection does not create new authority or expand existing 
authority for any activity not otherwise authorized by law.
  (b) Required Check Before Issuing Visas.--(1) Beginning May 1, 1996, 
when a consular officer issues a visa, the officer shall certify, in 
writing, that a check of the Automated Visa Lookout System, or any 
other system or list that maintains information about the 
inadmissibility of aliens under this title, has been made and that 
there is no basis under the system for excluding the alien.
  (2) If, at the time an alien applies for a visa, the alien's name is 
included in the Department's visa lookout system and the consular 
officer to whom the application is made fails to follow the procedures 
in processing the application required by inclusion of the alien's name 
in the system, the officer's failure shall be made a matter of record 
and shall be considered as a serious negative factor in the officer's 
annual performance evaluation.
  (3) If an alien to whom a visa was issued as a result of a failure 
described in paragraph (2) of this subsection is admitted to the United 
States and there subsequently is probable cause to believe that the 
alien was a participant in a terrorist act causing serious injury, loss 
of life, or significant destruction of property in the United States, 
the Secretary shall convene an Accountability Review Board under title 
III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 
(22 U.S.C. 4831 et seq.).
  (c) Upgrade to System.--Not later than October 30, 1995, the 
Secretary shall upgrade all overseas visa lookout operations to 
computerized systems with automated multiple-name search capabilities.
Sec. 506. Surcharge for processing machine readable visas
  (a) General Authority.--Notwithstanding any other law, the Secretary 
of State may charge a fee or surcharge for processing machine readable 
nonimmigrant visas and machine readable combined border crossing 
identification cards and nonimmigrant visas.
  (b) Deposit of Amounts Collected.--Fees and surcharges collected 
under subsection (a) of this section shall be deposited as an 
offsetting collection to any Department of State appropriation, to 
recover the costs of providing consular services. The amounts collected 
remain available for obligation until expended.
  (c) Limitation.--For the fiscal year ending September 30, 1997, fees 
and surcharges deposited under subsection (b) of this section may not 
exceed a total of $150,000,000. For subsequent fiscal years, fees and 
surcharges may be collected under subsection (a) of this section only 
in amounts provided in subsequent authorization laws.
  (d) Nonapplicability of Certain Law.--Sections 1726-1728 of the 
Revised Statutes (22 U.S.C. 4212-4214) do not apply to fees and 
surcharges collected under this section.
  (e) Signatories of North American Free Trade Agreement.--The 
Secretary may not charge a fee or surcharge under this section to a 
citizen of a country that is a signatory, as of April 30, 1994, to the 
North American Free Trade Agreement, unless the Secretary finds that 
the country charges a visa application or issuance fee to citizens of 
the United States.
Sec. 507. Confidentiality of records
  A record of the Department of State or of a diplomatic or consular 
office related to issuing or refusing to issue a visa or permit to 
enter the United States is confidential. The record may be used only in 
developing, amending, or carrying out a law of the United States. 
However, the Secretary of State may provide a certified copy of the 
record to a court if the court certifies that it needs the record in 
the interest of justice in a case pending before the court.

              CHAPTER 7--PASSPORTS AND TRAVEL REQUIREMENTS

                         SUBCHAPTER I--PASSPORTS

Sec.
701.  Individuals eligible for passports.
702.  Issuing and verifying passports.
703.  Validity and use.
704.  Passport fees.
705.  Limitation on acquiring paper for passports.

                   SUBCHAPTER II--TRAVEL REQUIREMENTS

711.  Travel document requirements.
712.  Certain rights to enter or leave unaffected.
713.  Records about residents permanently leaving the United States.
714.  Travel restrictions on citizens of foreign countries.

                        SUBCHAPTER I--PASSPORTS

Sec. 701. Individuals eligible for passports
  (a) Nationals of the United States.--A passport may be issued only 
to, or verified only for, a national of the United States.
  (b) Applications.--An individual may be issued a passport only if the 
individual submits a signed application containing all information 
required by law and regulations. If the individual previously has not 
been issued a United States passport, the application must be executed 
under oath before an individual authorized by the Secretary of State to 
administer oaths.
Sec. 702. Issuing and verifying passports
  (a) Individuals Authorized To Issue and Verify.--Under regulations 
prescribed by the President, the Secretary of State may--
          (1) issue and verify passports; and
          (2) authorize only the following to issue and verify 
        passports:
                  (A) the chief executive officer of a territory or 
                possession of the United States.
                  (B) in a foreign country, diplomatic and consular 
                officers of the United States and other officers and 
                employees of the Department of State who are citizens 
                of the United States.
  (b) Reports.--As required by the Secretary, an individual issuing or 
verifying a passport shall report to the Secretary--
          (1) the issuing or verifying of the passport; and
          (2) the information contained in the passport.
Sec. 703. Validity and use
  (a) Period of Validity.--A passport is valid for 10 years from the 
date it is issued. However, the Secretary of State may limit the 
validity of a passport to a shorter period in an individual case or on 
a general basis by regulation.
  (b) Restrictions on Travel or Use.--(1) Except as provided in 
paragraph (2) of this subsection or any other law, a passport may not 
be designated as restricted for travel to, or use in, any country.
  (2) A passport may be designated as restricted for travel to, or use 
in, a country--
          (A) with which the United States is at war;
          (B) in which armed hostilities are in progress; or
          (C) in which there is imminent danger to the public health or 
        physical safety of United States travelers.
Sec. 704. Passport fees
  (a) Establishing Fees.--The Secretary of State shall prescribe by 
regulation the fee for a passport and the fee for executing a passport 
application. However, the following individuals are exempt from paying 
the passport fee and, when executing the application before an officer 
or employee of the Federal Government, from paying the execution fee:
          (1) An officer or employee of the Government going outside 
        the United States on official business, and a member of the 
        immediate family of the officer or employee.
          (2) A sailor needing a passport for service on a vessel of 
        the United States.
          (3) A widow, child, parent, brother, or sister of a deceased 
        member of the armed forces of the United States going outside 
        the United States to visit the member's grave.
  (b) Collection and Retention of Application Fees.--The Secretary by 
regulation may authorize an official of a State or the United States 
Postal Service to collect and retain the fee for each passport 
application executed before the official or the Service.
  (c) Deposits in the Treasury.--(1) Except for fees retained or 
transferred under subsection (b) of this section, fees collected under 
this section shall be deposited in the Treasury.
  (2) Notwithstanding any other law and to the extent provided in an 
appropriation law, not more than $5,000,000 in passport fees collected 
by the Secretary may be credited each fiscal year to a Department of 
State account. Amounts credited to the account are available only for 
costs associated with acquiring and producing machine-readable United 
States passports and visas and compatible reading equipment. Amounts 
credited under this paragraph remain available until expended.
  (3) Fees collected for expedited passport processing shall be 
deposited in the Administration of Foreign Affairs Account as 
offsetting receipts and are available until expended.
  (d) Refunds.--(1) The Secretary may refund a passport fee--
          (A) paid by an individual exempt from payment under 
        subsection (a) of this section; or
          (B) paid to an officer or employee of the Government by an 
        individual issued a passport who is refused a visa in the 
        United States by the appropriate officer of a government of a 
        foreign country if the individual within 6 months from the date 
        the passport is issued makes a written request and returns the 
        unused passport.
  (2) Amounts are appropriated to the Secretary to make refunds under 
paragraph (1)(B) of this subsection.
Sec. 705. Limitation on acquiring paper for passports
  Amounts may not be used to acquire paper for passports if--
          (1) the paper is manufactured outside the United States and 
        the territories and possessions of the United States or would 
        be acquired from an entity owned or controlled by a person that 
        is not a citizen of the United States; and
          (2) a domestic manufacturer for paper for passports exists.

                   SUBCHAPTER II--TRAVEL REQUIREMENTS

Sec. 711. Travel document requirements
  (a) Definitions.--In this section--
          (1) ``permit'' means a passport, visa, reentry permit, or 
        other document used to enter or leave the United States.
          (2) ``person'', in addition to its meaning under section 1 of 
        title 1, includes a governmental entity.
          (3) ``United States'' includes all territory and waters 
        subject to the jurisdiction of the United States.
  (b) Entering or Leaving the United States.--(1) Subject to conditions 
and exceptions prescribed by the President, a citizen of the United 
States may enter or leave, or attempt to enter or leave, the United 
States only if the citizen is in possession of a valid United States 
passport.
  (2) An alien may enter or leave, or attempt to enter or leave, the 
United States only under regulations prescribed or orders issued by the 
President.
  (c) Other Restrictions.--Unless otherwise ordered by the President, a 
person may not--
          (1) transport or attempt to transport an individual into or 
        out of the United States if the person has reason to believe 
        that the entry or departure is prohibited by this section;
          (2) knowingly make a false statement in an application for a 
        permit with the intent to have the permit issued for any 
        individual;
          (3) knowingly give, attempt to give, or assist in giving an 
        individual a permit not intended for the individual;
          (4) knowingly use or attempt to use a permit not issued or 
        intended for that person;
          (5) forge, change, or mutilate a permit, or have a permit 
        forged, changed, or mutilated; or
          (6) knowingly use, attempt to use, or give to another for 
        use, a permit that is forged, changed, mutilated, or invalid.
  (d) Aliens Otherwise Inadmissible.--This title does not entitle an 
alien to be admitted to the United States if the alien is issued a 
permit but otherwise is inadmissible.
  (e) Revocation of Regulation or Order.--Revocation of a regulation 
prescribed or order issued under this section does not prevent 
prosecution, or imposition of penalties, for violation of the 
regulation or order before it was revoked.
Sec. 712. Certain rights to enter or leave unaffected
  This title does not affect the rights of the following individuals to 
enter or leave the United States:
          (1) an American Indian born in Canada who is at least 50 
        percent of American Indian descent.
          (2) an alien member of the armed forces of the United States 
        entering or leaving the United States under orders or with 
        permission when the member is in uniform or carrying 
        identification as a member of the armed forces.
Sec. 713. Records about residents permanently leaving the United States
  The Attorney General may authorize an immigration officer to record 
the following information about a resident of the United States leaving 
the United States through Canada or Mexico for permanent residence in a 
foreign country:
          (1) Name.
          (2) Race, age, and sex.
          (3) Country of birth.
          (4) Marital status.
          (5) Occupation.
          (6) Whether the resident can read or write.
          (7) Nationality.
          (8) Country of which the resident is a citizen or subject.
          (9) Last permanent residence in the United States.
          (10) Intended future permanent residence.
          (11) Time and port of last entry into the United States.
          (12) If the resident claims to be a national of the United 
        States, facts on which the claim is based.
Sec. 714. Travel restrictions on citizens of foreign countries
  (a) General Policy.--(1) To carry out the general principles of the 
Final Act of the Conference on Security and Cooperation in Europe 
emphasizing the lowering of international barriers to the free movement 
of people and ideas and in accordance with the Vienna Convention on 
Diplomatic Relations establishing the legal principles of 
nondiscrimination and reciprocity, it is the general policy of the 
United States to impose restrictions on travel within the United States 
by citizens of a foreign country only when the government of that 
foreign country imposes restrictions on travel by citizens of the 
United States within that country.
  (2) This subsection does not limit a restriction on travel within the 
United States that the Federal Government, on a reciprocal basis, 
imposes on an official of a government of a foreign country.
  (b) Conveyance of Policy and Elimination of Restrictions.--The 
Secretary of State shall--
          (1) ensure that the policy of subsection (a) of this section 
        is conveyed clearly to the government of a foreign country 
        imposing travel restrictions on citizens of the United States; 
        and
          (2) seek the elimination, on a mutual and reciprocal basis, 
        of travel restrictions imposed by that government and by the 
        Federal Government on each other's citizens.

                    CHAPTER 9--GENERAL MISCELLANEOUS

Sec.
901.  Liaison with internal security officers.
902.  Disposition of receipts.
903.  Setting immigration adjudication and naturalization fees.
904.  Information on female genital mutilation.
905.  Certain treaties unaffected.
906.  Rules of construction related to organizations.
907.  Construction of certain amendments.
908.  Information related to certain social security account numbers.
909.  Triennial immigration-impact report.
Sec. 901. Liaison with internal security officers
  To exchange information for use in enforcing this title in the 
interest of the internal security of the United States, the 
Commissioner of Immigration and Naturalization and the Administrator 
designated under section 502 of this title may maintain direct and 
continuous liaison with the Directors of the Federal Bureau of 
Investigation and Central Intelligence and with other internal security 
officers of the Federal Government.
Sec. 902. Disposition of receipts
  Except as otherwise provided in this title, an amount received in 
payment of a fee or administrative penalty shall be deposited in the 
Treasury as miscellaneous receipts. However, a fee received from an 
applicant residing in the Virgin Islands or Guam and paid under section 
2126 of this title shall be paid to the treasury of the Virgin Islands 
or the treasury of Guam, respectively.
Sec. 903. Setting immigration adjudication and naturalization fees
  Fees for providing immigration adjudication and naturalization 
services may be set at a level that will ensure recovery of--
          (1) the costs of providing those services;
          (2) the costs of providing similar services without charge to 
        asylum applicants or other immigrants; and
          (3) any additional costs associated with the administration 
        of the fees collected.
Sec. 904. Information on female genital mutilation
  (a) Definition.--In this section, ``female genital mutilation'' means 
the removal or infibulation, or both, of the whole or part of the 
clitoris, the labia minora, or the labia majora.
  (b) Information Provided.--In cooperation with the Secretary of 
State, the Commissioner of Immigration and Naturalization shall make 
available to each alien who is issued an immigrant or nonimmigrant 
visa, before 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, 
        compiled and presented in a manner which is limited to the 
        practice itself and respectful to the cultural values of the 
        societies in which the practice takes place.
          (2) information about potential legal consequences in the 
        United States under criminal or child protection laws or as a 
        form of child abuse for--
                  (A) performing female genital mutilation; or
                  (B) allowing a child under his or her care to be 
                subjected to female genital mutilation.
  (c) Limitation.--In consultation with the Secretary, the Commissioner 
shall identify those countries in which female genital mutilation is 
commonly practiced and, to the extent practicable, limit the provision 
of information under subsection (b) of this section to aliens from 
those countries.
Sec. 905. Certain treaties unaffected
  Except as provided in section 20702(c) of this title, this title does 
not affect a treaty ratified by the Senate before December 25, 1952.
Sec. 906. Rules of construction related to organizations
  (a) Acts Constituting Affiliation.--In this title, the giving, 
lending, or promising of support, money, or any other thing of value 
for any purpose to an organization is presumed to constitute 
affiliation with the organization.
  (b) Organizations Advocating Overthrow of Federal Government.--This 
title may not be construed as declaring that any organization referred 
to in this title does not advocate the overthrow of the Federal 
Government by unconstitutional means.
Sec. 907. Construction of certain amendments
  The amendments made by the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416, 108 Stat. 4305) do not 
create any substantive or procedural right or benefit that is legally 
enforceable by any party against the Federal Government or a 
department, agency, instrumentality, or officer of the Government or 
any other person.
Sec. 908. Information related to certain social security account 
                    numbers
  (a) Reports.--Not later than 3 months after the end of each fiscal 
year, the Commissioner of Social Security shall report to the 
Committees on the Judiciary of the House of Representatives and the 
Senate on the aggregate quantity of social security account numbers 
issued to aliens not authorized to be employed for which earnings in 
that fiscal year were reported to the Social Security Administration.
  (b) Information Provided to Attorney General.--If earnings are 
reported to the Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner shall provide the Attorney General with the following 
information in an electronic form agreed on by the Commissioner and the 
Attorney General:
          (1) The name and address of the alien.
          (2) The name and address of the person reporting the 
        earnings.
          (3) The amount of the earnings.
Sec. 909. Triennial immigration-impact report
  (a) Reporting Requirement.--The President shall submit a 
comprehensive immigration-impact report to Congress not later than 
January 1, 1998, and not later than January 1 of each 3d year 
thereafter.
  (b) Content.--Each report shall include--
          (1) the number and classification of aliens admitted and to 
        be admitted (whether as immediate relatives, special 
        immigrants, refugees, preference immigrants, or nonimmigrants), 
        paroled and to be paroled, and granted and to be granted asylum 
        during the periods specified in subsection (c) of this section;
          (2) a reasonable estimate of the number of aliens who entered 
        and will enter the United States during those periods without 
        visas or who became or will become deportable during those 
        periods under chapter 65 of this title; and
          (3) a description of the impact of--
                  (A) admissions and other entries of immigrants, 
                refugees, asylees, and parolees into the United States 
                during those periods on the economy, labor and housing 
                markets, educational system, social services, foreign 
                policy, environmental quality and resources, and rate, 
                size, and distribution of population growth in the 
                United States; and
                  (B) high rates of immigration resettlement on state 
                and local governments.
  (c) History and Projections.--In each report, the information 
referred to in subsection (b) of this section shall be--
          (1) described for the prior 3-year period; and
          (2) projected for the next 5-year period, based on reasonable 
        estimates substantiated by the best available evidence.
  (d) Recommendations.--The President also may include recommendations 
on changes in numerical limitations or other policies under subtitles 
II and III of this title affecting the admission and entry of aliens 
into the United States.

                          SUBTITLE II--ALIENS

                         PART A--NONIMMIGRANTS

Chapter                                                             Sec.

ADMISSION AND DOCUMENTATION.........................................2101
CLASSIFICATIONS.....................................................2301
TEMPORARY AGRICULTURAL WORKERS......................................2501
ALIEN CREWMEMBERS...................................................2701
FACILITIES EMPLOYING REGISTERED NURSES..............................2901

                           PART B--IMMIGRANTS

NUMERICAL LIMITATIONS...............................................4101
PETITIONS AND DOCUMENTATION.........................................4301
CONDITIONAL PERMANENT RESIDENT STATUS...............................4501
ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF THE UNITED STATES4701
MISCELLANEOUS.......................................................4901

                            PART C--REFUGEES

ADMISSIONS..........................................................5101

                     PART D--ADMISSION AND REMOVAL

INSPECTION AND ADMISSION............................................6101
INADMISSIBILITY.....................................................6301
DEPORTABILITY.......................................................6501
REMOVAL PROCEDURE...................................................6701
ALIEN TERRORIST REMOVAL PROCEDURES..................................6901
TEMPORARY PROTECTED STATUS..........................................7101
ADDITIONAL REGULATION OF PERSONS PROVIDING TRANSPORTATION...........7301

            PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS

REGISTRATION AND FINGERPRINTING.....................................8101
MISCELLANEOUS.......................................................8301

                PART F--ADJUSTMENT AND CHANGE OF STATUS

ADJUSTMENT AND CHANGE OF STATUS.....................................9101
ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES 
BEFORE 1982.........................................................9301

                           PART G--PENALTIES

PENALTIES..........................................................10101

                         PART A--NONIMMIGRANTS

                CHAPTER 21--ADMISSION AND DOCUMENTATION

                         SUBCHAPTER I--ADMISSION

Sec.
2101.  Admission.
2102.  Presumption.
2103.  Application of certain provisions to diplomats.

                      SUBCHAPTER II--DOCUMENTATION

2121.  Documentation requirements.
2122.  Applications for nonimmigrant visas and registration.
2123.  Issuing nonimmigrant visas and other documentation.
2124.  Period of validity and revocation.
2125.  Readmission after overstay of nonimmigrant visa.
2126.  Fees.
2127.  Burden of proof.
2128.  Visa waiver pilot program.

                        SUBCHAPTER I--ADMISSION

Sec. 2101. Admission
  Except as otherwise provided, an alien may be admitted to the United 
States as a nonimmigrant for the time and under conditions the Attorney 
General prescribes by regulation. The Attorney General may require the 
alien to file a bond, in the amount and containing conditions the 
Attorney General prescribes, to ensure that the alien will leave the 
United States when--
          (1) the time for which the alien is admitted expires; or
          (2) the alien does not maintain the nonimmigrant status under 
        which the alien was admitted or which the alien acquired under 
        section 9108 of this title.
Sec. 2102. Presumption
  An alien (except an alien described in section 2313, 2317, or 2325 of 
this title) is presumed to be an immigrant until the alien satisfies 
the consular officer, at the time of application for a visa, and the 
immigration officer, at the time of application for admission, that the 
alien is entitled to nonimmigrant status.
Sec. 2103. Application of certain provisions to diplomats
  Except as otherwise provided in this title, the provisions of this 
title related to ineligibility for a visa and removal of an alien do 
not apply to a nonimmigrant described in--
          (1) section 2301(1) of this title, except that the 
        nonimmigrant is subject--
                  (A) to the provisions requiring a passport and visa 
                for identification and proof of qualification for the 
                nonimmigrant classification under that section; and
                  (B) under regulations prescribed by the President, to 
                section 6310(a)-(c) of this title; or
          (2) section 2301(2) or 2302(1)-(5) of this title, except that 
        the nonimmigrant is subject to--
                  (A) the provisions requiring a passport and visa for 
                identification and proof of qualification for the 
                nonimmigrant classification under one of those 
                sections; and
                  (B) section 6310(a)-(c) of this title.

                      SUBCHAPTER II--DOCUMENTATION

Sec. 2121. Documentation requirements
  (a) General.--Except as provided in this section and section 2128 of 
this title, an alien classified as a nonimmigrant under subchapter I of 
chapter 23 of this title may be admitted to the United States only if, 
when applying for admission, the nonimmigrant is in possession of--
          (1) a passport that--
                  (A) is valid for at least 6 months after the last day 
                of the alien's initial period of admission or 
                contemplated initial period of admission; and
                  (B) authorizes the alien during those 6 months to 
                return to the foreign country from which the alien came 
                or to enter another foreign country; and
          (2) a nonimmigrant visa or border crossing identification 
        card at the time of applying for admission.
  (b) Border Crossing Identification Card.--The regulations referred to 
in section 107 of this title shall provide that--
          (1) each border crossing identification card issued after 
        March 30, 1998, include a biometric identifier, such as the 
        fingerprint or handprint of the alien, that is machine 
        readable; and
          (2) an alien presenting a border crossing identification card 
        after September 29, 1999, may not be 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.
  (c) General Waivers.--The Attorney General and the Secretary of State 
jointly may waive a requirement of subsection (a) of this section--
          (1) in an individual case because of an unforeseen emergency;
          (2) on a reciprocal basis, for nationals of foreign 
        contiguous territory or of adjacent islands and for residents 
        of that territory or islands who have a common nationality with 
        those nationals; or
          (3) for an alien proceeding in immediate and continuous 
        transit through the United States on a carrier operating under 
        a contract authorized by section 7306(b)(1)(B) of this title.
  (d) Waivers for Visitors to Guam.--(1) The Attorney General, the 
Secretary of State, and the Secretary of the Interior jointly may waive 
subsection (a) of this section for an alien applying for admission as a 
nonimmigrant visitor classified under section 2303 of this title, but 
only for entry into and stay on Guam for not more than 15 days, if they 
jointly decide, after consulting with the Governor of Guam, that--
          (A) an adequate arrival and departure control system has been 
        developed on Guam; and
          (B) the waiver does not represent a threat to the welfare, 
        safety, or security of the United States or its territories or 
        possessions.
  (2) An alien may be granted a waiver under this subsection only if 
the alien waives any right--
          (A) to a review or appeal under this title of an immigration 
        officer's decision on the admissibility of the alien at the 
        port of entry into Guam; or
          (B) to contest (except on the basis of an application for 
        asylum) an action for removal of the alien.
  (3) An alien admitted to Guam without a visa under this subsection 
may not--
          (A) stay in Guam for more than 15 days after the date of 
        admission to Guam; or
          (B) enter or stay in the United States under that admission, 
        except in Guam.
  (4) If adequate appropriated amounts to carry out this subsection are 
not available, the Attorney General may accept amounts tendered by the 
government of Guam to cover any part of the cost of carrying out this 
subsection.
Sec. 2122. Applications for nonimmigrant visas and registration
  (a) Application Requirements.--(1) An alien applying for a 
nonimmigrant visa must apply in the way prescribed by regulation. The 
application must contain the following information about the alien:
          (A) the complete true name of the alien.
          (B) the date and place of birth.
          (C) nationality.
          (D) marital status.
          (E) the purpose in going to the United States.
          (F) the period of intended stay in the United States.
          (G) additional information prescribed by regulation that is 
        necessary--
                  (i) to identify the alien;
                  (ii) to determine eligibility of the alien for a 
                nonimmigrant visa; and
                  (iii) to enforce the immigration and nationality 
                laws.
  (2) At the discretion of the Secretary of State, application forms 
for the various classes of nonimmigrant admissions described in 
subchapter I of chapter 23 of this title may vary according to the 
class of visa being requested.
  (b) Additional Requirements.--An alien applying for a nonimmigrant 
visa must--
          (1) register if required by chapter 81 of this title when 
        applying for the visa;
          (2) take a physical or mental examination, or both, if 
        required by the consular officer to decide whether the alien 
        may receive a visa; and
          (3) provide the consular officer, with the application, a 
        certified copy of any documentation about the alien that may be 
        required by regulation.
  (c) Statement About No Entitlement To Enter the United States.--An 
application for a nonimmigrant visa shall inform the applicant that a 
visa or other documentation issued to an alien does not entitle the 
alien to enter the United States if, on arrival at a port of entry, the 
alien is found to be inadmissible.
  (d) Disposition of Applications.--An application for a nonimmigrant 
visa or other documentation as a nonimmigrant shall be disposed of as 
prescribed by regulation.
Sec. 2123. Issuing nonimmigrant visas and other documentation
  (a) General.--Except as provided in subsection (b) of this section, a 
consular officer may issue a nonimmigrant visa to an eligible 
nonimmigrant who has made a proper application for the visa.
  (b) Prohibitions.--(1) A consular officer may not issue a 
nonimmigrant visa or other documentation to an alien if--
          (A) the alien's application does not comply with this title 
        or regulations prescribed under this title; or
          (B) the consular officer has reason to believe the alien is 
        ineligible for the visa or other documentation under subchapter 
        I of chapter 63 of this title or any other provision of law.
  (2) Notwithstanding paragraph (1)(B) of this subsection, a consular 
officer may issue a nonimmigrant visa or other documentation to--
          (A) an alien to whom section 6306(a)-(c) of this title 
        applies if--
                  (i) the alien otherwise may receive the visa or other 
                documentation; and
                  (ii) the consular officer receives notice from the 
                Attorney General that a bond approved by the Attorney 
                General has been filed under section 6306(d) of this 
                title; or
          (B) an alien applying as a nonimmigrant classified under 
        section 2303 or 2310 of this title if the alien otherwise may 
        receive the visa or other documentation, and the consular 
        officer receives notice from the Attorney General of the filing 
        of a bond, in the amount and containing conditions the consular 
        officer prescribes, to ensure that the alien will leave the 
        United States when--
                  (i) the time for which the alien is admitted expires; 
                or
                  (ii) the alien does not maintain the nonimmigrant 
                status under which the alien was admitted or which the 
                alien acquired under section 9108 of this title.
  (c) Form and Content of Visas.--Except as otherwise prescribed by 
regulation, the issuance of a nonimmigrant visa shall be shown by a 
stamp placed in the alien's passport. The visa shall specify--
          (1) the alien's nonimmigrant classification under subchapter 
        I of chapter 23 of this title;
          (2) the period during which the visa is valid; and
          (3) additional information that may be required.
Sec. 2124. Period of validity and revocation
  (a) Period of Validity.--A nonimmigrant visa is valid for the period 
prescribed by regulation. In prescribing the period of validity, the 
Secretary of State, to the extent practicable, shall treat nationals of 
a foreign country the same as the government of that country treats 
nationals of the United States within a similar class. However, in the 
case of an alien who is a national of a foreign country and who either 
is granted refugee status and firmly resettled in another foreign 
country or is granted permanent residence and residing in another 
foreign country, the Secretary may prescribe the period of validity of 
a nonimmigrant visa based on the treatment granted by the government of 
that other foreign country to alien refugees and permanent residents, 
respectively, in the United States.
  (b) Revocation.--A consular officer or the Secretary may revoke a 
visa or other documentation issued to a nonimmigrant. A revocation 
invalidates the visa or documentation from the date the visa or 
documentation was issued. The Attorney General shall be notified of 
each revocation.
Sec. 2125. Readmission after overstay of nonimmigrant visa
  (a) Requirement for Readmission.--(1) When an alien who has been 
admitted on the basis of a nonimmigrant visa issued at any time remains 
in the United States beyond the period of stay authorized by the 
Attorney General, that visa is void beginning after the conclusion of 
that period of stay.
  (2) An alien described in paragraph (1) of this subsection is 
ineligible to be readmitted to the United States as a nonimmigrant, 
except--
          (A) on the basis of a visa (other than the visa described in 
        paragraph (1) of this subsection) issued in a consular office 
        located in the country of the alien's nationality or, if there 
        is no office in that country, in another consular office the 
        Secretary of State specifies; or
          (B) where the Secretary finds that extraordinary 
        circumstances exist.
  (b) Applicability.--Subsection (a)(2) of this section applies to any 
alien applying for readmission to the United States after September 30, 
1996, except an alien applying for readmission on the basis of a visa 
that--
          (1) was issued before September 30, 1996; and
          (2) is not void through the application of subsection (a)(1) 
        of this section.
Sec. 2126. Fees
  The Secretary of State shall prescribe fees for providing and 
verifying a nonimmigrant visa application for, and issuing a 
nonimmigrant visa to, a nonimmigrant of each foreign country. If 
practicable, the total amount of the fees shall correspond to the total 
of all visa, entry, residence, or similar fees the country imposes on 
nationals of the United States. A nonimmigrant visa issued to an alien 
described in section 11 of the Agreement Between the United Nations and 
the United States of America Regarding the Headquarters of the United 
Nations (61 Stat. 761) and in transit to or from the headquarters 
district of the United Nations shall be issued without charge.
Sec. 2127. Burden of proof
  (a) Eligibility for Visa or Documentation.--An individual applying 
for a nonimmigrant visa or other documentation required for entering 
the United States as a nonimmigrant has the burden of proving that the 
individual is eligible for the visa or documentation. A consular 
officer may issue the visa or documentation only if satisfied that the 
individual is eligible for the visa or documentation.
  (b) Status.--An alien claiming to be a nonimmigrant has the burden of 
proving that the alien is entitled to nonimmigrant status.
Sec. 2128. Visa waiver pilot program
  (a) Establishment of Program.--The Attorney General and the Secretary 
of State may maintain a pilot program for the fiscal years ending 
September 30, 1989-1997, under which the Attorney General, in 
consultation with the Secretary, may waive section 2121(a)(2) of this 
title for an alien eligible for a waiver under subsection (e) of this 
section.
  (b) Designation of Pilot Program Countries.--(1) The Attorney 
General, in consultation with the Secretary, may designate any foreign 
country as a pilot program country if the government of that country 
extends (or agrees to extend) reciprocal privileges to nationals of the 
United States and meets the requirements of paragraph (2) of this 
subsection. A designation is only for a fiscal year.
  (2) Except as provided in subsection (c) of this section, a country 
may be designated as a pilot program country only if--
          (A) the average number of refusals of nonimmigrant visitor 
        visas for nationals of that country during the prior 2 fiscal 
        years was less than 2 percent of the number of nonimmigrant 
        visitor visas for nationals of that country that were issued or 
        refused during those years;
          (B) the average number of refusals of nonimmigrant visitor 
        visas for nationals of that country during either of those 2 
        years was less than 2.5 percent of the number of nonimmigrant 
        visitor visas for nationals of that country that were issued or 
        refused during that year;
          (C) the government of that country certifies that it has or 
        is developing a program to issue machine-readable passports to 
        citizens of that country; and
          (D) the Attorney General decides that the law enforcement 
        interests of the United States would not be compromised by the 
        designation of that country.
  (c) Probationary Status and Termination of Designation.--(1) In this 
subsection, ``disqualification rate'' means the percentage which--
          (A) the total number of nationals of the pilot program 
        country who--
                  (i) were denied admission at the time of arrival or 
                withdrew their application for admission during the 
                most recent fiscal year for which data is available; 
                and
                  (ii) admitted as nonimmigrant visitors during that 
                fiscal year and who violated the terms of that 
                admission; bears to
          (B) the total number of nationals of that country who applied 
        for admission as nonimmigrant visitors during that fiscal year.
  (2)(A) On determination by the Attorney General that a pilot program 
country's disqualification rate is 2 percent or more, the Attorney 
General shall notify the Secretary.
  (B) If the program country's disqualification rate is--
          (i) more than 2 percent but less than 3.5 percent, the 
        Attorney General shall place the program country in 
        probationary status for a period of not more than 2 full fiscal 
        years following the year in which the Attorney General makes 
        the determination under subparagraph (A) of this paragraph; or
          (ii) at least 3.5 percent and the total number of nationals 
        of the program country described in paragraph (1)(A) of this 
        subsection is more than 100, the Attorney General shall 
        terminate the country's designation as a pilot program country 
        effective on the first day of the 2d fiscal year following the 
        fiscal year in which the Attorney General makes the 
        determination under subparagraph (A) of this paragraph.
  (3)(A) If the Attorney General determines at the end of the 
probationary period described in paragraph (2)(B)(i) of this subsection 
that the program country placed in probationary status under that 
paragraph has failed to develop a machine-readable passport program as 
required by subsection (b)(2)(C) of this section, or has a 
disqualification rate of at least 2 percent, the Attorney General shall 
terminate the designation of the country as a pilot program country. A 
termination under this paragraph is effective on the first day of the 
first fiscal year following the fiscal year in which the Attorney 
General makes the determination under paragraph (2)(A) of this 
subsection.
  (B) A national of a program country whose designation as a pilot 
program country is terminated under this paragraph remains eligible for 
a waiver under subsection (a) of this section until the effective date 
of the termination.
  (4) If the Attorney General determines at the end of the probationary 
period described in paragraph (2)(B)(i) of this subsection that the 
program country placed in probationary status under that paragraph has 
developed a machine-readable passport program and has a 
disqualification rate of less than 2 percent, the Attorney General 
shall redesignate the country as a pilot program country.
  (5) A country designated as a pilot program country with probationary 
status under section 217(g) of the Immigration and Nationality Act, as 
in effect on September 29, 1996, shall be considered a pilot program 
country on September 30, 1996, subject to placement in probationary 
status or termination of that designation under this subsection.
  (d) Continuation of Pilot Program Country Status.--A country that was 
a pilot program country in the prior fiscal year may be designated as a 
pilot program country in a subsequent fiscal year of the program only 
if the total number of nationals referred to in clauses (1) and (2) of 
this subsection is less than 2 percent of the number of nationals of 
that country who applied for admission as nonimmigrant visitors during 
that prior fiscal year:
          (1) the number of nationals of that country who were denied 
        admission at the time of arrival or who withdrew their 
        application for admission during that prior fiscal year as 
        nonimmigrant visitors.
          (2) the number of nationals of that country who were admitted 
        as nonimmigrant visitors during that prior fiscal year and who 
        violated a condition of that admission.
  (e) Eligible Aliens.--An alien is eligible for a waiver under the 
program if the alien--
          (1) is applying to be admitted not later than September 30, 
        1997, as a nonimmigrant visitor under section 2303 of this 
        title for not more than 90 days;
          (2) is a national of, and presents a passport issued by, a 
        foreign country designated as a pilot program country under 
        subsection (b) of this section;
          (3) before admission, completes an immigration form 
        prescribed by the Attorney General;
          (4) before being provided a waiver under the program, waives 
        any right--
                  (A) to a review or appeal under this title of an 
                immigration officer's decision on the admissibility of 
                the alien at the port of entry into the United States; 
                or
                  (B) to contest (except on the basis of an application 
                for asylum) an action for removal of the alien;
          (5) when arriving by air or sea, arrives at the port of entry 
        into the United States on a carrier that has an agreement with 
        the Attorney General to guarantee transportation of the alien 
        out of the United States if the alien is found inadmissible or 
        deportable by an immigration officer;
          (6) is in possession of a round-trip transportation ticket 
        unless the Attorney General by regulation waives this 
        requirement;
          (7) is not a threat to the welfare, health, safety, or 
        security of the United States; and
          (8) complied with the conditions of any previous admission 
        without a visa under the program.
  (f) Admission Under Visa Waiver Pilot Program.--An alien admitted to 
the United States under this section without a visa may not stay in the 
United States as a nonimmigrant visitor for more than 90 days after the 
date of admission to the United States.
  (g) Carrier Agreements.--(1) A carrier and the Attorney General may 
make an agreement referred to in subsection (e)(5) of this section 
under which the carrier agrees, in consideration of the waiver of the 
visa requirement for a nonimmigrant visitor under the program--
          (A) to indemnify the Federal Government against costs of 
        transporting that visitor from the United States if the visitor 
        is refused admission or remains in the United States unlawfully 
        after the end of the period of admission referred to in 
        subsection (e)(1) of this section;
          (B) to submit each day to immigration officers any 
        immigration forms received about nonimmigrant visitors given a 
        waiver under the program; and
          (C) to be liable, under regulations the Attorney General 
        prescribes, for transporting a national of a pilot program 
        country into the United States without a passport.
  (2) If a carrier does not comply with an agreement made under 
paragraph (1) of this subsection, the Attorney General may end the 
agreement on 5 days' notice to the carrier.
  (h) Denial of Waivers.--Notwithstanding subsections (a)-(e) and (g) 
of this section, the Attorney General, in consultation with the 
Secretary, may--
          (1) for any reason refuse to designate a foreign country that 
        otherwise may qualify for designation under this section; or
          (2) rescind at any time a waiver or designation previously 
        issued under this section.

                      CHAPTER 23--CLASSIFICATIONS

                          SUBCHAPTER I--GENERAL

Sec.
2301.  Officials of governments of foreign countries.
2302.  Representatives to international organizations.
2303.  Visitors for business and pleasure.
2304.  Aliens in immediate and continuous transit.
2305.  Crewmembers.
2306.  Aliens entitled to enter for trade or investment.
2307.  Aliens entitled to enter for business activities at a 
          professional level under certain trade agreements.
2308.  Media representatives.
2309.  Aliens engaged to marry citizens.
2310.  Students in academic institutions and language training programs.
2311.  Students in nonacademic institutions.
2312.  Participants in programs designated by the Director of the United 
          States Information Agency.
2313.  Aliens employed temporarily in specialty occupations or as 
          fashion models.
2314.  Temporary and seasonal agricultural employees.
2315.  Aliens performing labor or services for which United States 
          workers are unavailable.
2316.  Aliens receiving training.
2317.  Intra-company transferees.
2318.  Aliens with extraordinary ability or with distinction in the 
          arts, motion pictures, or television.
2319.  Athletes and entertainers.
2320.  Participants in international exchange programs.
2321.  Aliens in religious occupations.
2322.  Participants in cooperative research, development, and 
          coproduction projects.
2323.  Participants in special education programs.
2324.  Relatives of special immigrants.
2325.  Registered nurses.
2326.  Aliens with information about criminal or terrorist 
          organizations.

                   SUBCHAPTER II--SPECIAL REQUIREMENTS

2351.  Employer applications for aliens employed temporarily in 
          specialty occupations or as fashion models.
2352.  Advisory opinions for aliens with extraordinary ability or with 
          distinction in the arts, motion pictures, or television.
2353.  Advisory opinions for athletes and entertainers.

                      SUBCHAPTER III--MISCELLANEOUS

2371.  Information on foreign students and other exchange program 
          participants.
2372.  Transportation costs payable by employers of certain 
          nonimmigrants.

                         SUBCHAPTER I--GENERAL

Sec. 2301. Officials of governments of foreign countries
  An alien is classifiable as a nonimmigrant under this section if the 
alien is--
          (1)(A) an ambassador, public minister, or career diplomatic 
        or consular officer accredited by a government of a foreign 
        country recognized de jure by the Federal Government who is 
        accepted by the President or the Secretary of State; or
          (B) a member of the immediate family of the ambassador, 
        minister, or officer;
          (2) on a reciprocal basis--
                  (A) another official or employee accredited by a 
                government of a foreign country recognized de jure by 
                the Federal Government who is accepted by the 
                Secretary; or
                  (B) a member of the immediate family of the official 
                or employee; or
          (3) on a reciprocal basis--
                  (A) an attendant, servant, or personal employee of an 
                alien described in clause (1)(A) or (2)(A) of this 
                section; or
                  (B) a member of the immediate family of the 
                attendant, servant, or personal employee.
Sec. 2302. Representatives to international organizations
  An alien is classifiable as a nonimmigrant under this section if the 
alien is--
          (1)(A) a designated principal resident representative of a 
        government of a foreign country to an international 
        organization if the government is recognized de jure by the 
        Federal Government and is a member of the international 
        organization; or
          (B) a member of the immediate family of the representative;
          (2)(A) an accredited resident member of the staff of a 
        representative described in clause (1)(A) of this section; or
          (B) a member of the immediate family of the member;
          (3)(A) an accredited representative (except a representative 
        described in clause (1)(A) of this section) of a government of 
        a foreign country to an international organization if the 
        government is recognized de jure by the Federal Government and 
        is a member of the international organization; or
          (B) a member of the immediate family of the representative;
          (4)(A) an alien described in clause (1)(A), (2)(A), or (3)(A) 
        of this section, except that the government of the foreign 
        country is not recognized de jure by the Federal Government or 
        is not a member of an international organization; or
          (B) a member of the immediate family of the alien;
          (5)(A) an officer or employee of an international 
        organization; or
          (B) a member of the immediate family of the officer or 
        employee; or
          (6)(A) an attendant, servant, or personal employee of an 
        alien described in clause (1)(A), (2)(A), (3)(A), (4)(A), or 
        (5)(A) of this section; or
          (B) a member of the immediate family of the attendant, 
        servant, or personal employee.
Sec. 2303. Visitors for business and pleasure
  An alien is classifiable as a nonimmigrant under this section if the 
alien--
          (1) has a residence in a foreign country that the alien has 
        no intention of abandoning; and
          (2) is visiting the United States temporarily for business or 
        pleasure (except to study, to perform skilled or unskilled 
        labor, or to work as a representative of foreign information 
        media).
Sec. 2304. Aliens in immediate and continuous transit
  An alien is classifiable as a nonimmigrant under this section if the 
alien is--
          (1) in immediate and continuous transit through the United 
        States; or
          (2) entitled to pass in transit between a foreign country and 
        the headquarters district of the United Nations under section 
        11(3), (4), or (5) of the Agreement Between the United Nations 
        and the United States of America Regarding the Headquarters of 
        the United Nations (61 Stat. 761).
Sec. 2305. Crewmembers
  (a) General.--(1) Except as provided in subsection (c) of this 
section, an alien is classifiable as a nonimmigrant under this section 
if the alien--
          (A) is a crewmember serving as a crewmember in a capacity 
        required for normal operation and service on a vessel (except a 
        fishing vessel having its home port or an operating base in the 
        United States) or on an aircraft; and
          (B) intends to land temporarily and only as a crewmember and 
        to depart on a vessel or aircraft.
  (2) Serving in a capacity required for normal operation and service 
on a vessel under paragraph (1)(A) of this subsection includes 
performing longshore work (as defined in section 2721(a) of this title) 
only to the extent provided in section 2723, 2724, or 2725 of this 
title.
  (b) Crewmembers of Fishing Vessels Landing in Guam.--(1) Except as 
provided in subsection (c) of this section, an alien is classifiable as 
a nonimmigrant under this section if the alien--
          (A) is a crewmember serving as a crewmember in any capacity 
        required for normal operation and service on a fishing vessel 
        having its home port or an operating base in the United States; 
        and
          (B) intends to land in Guam temporarily and only as a 
        crewmember and to depart on the vessel on which the alien 
        arrived.
  (2) An alien is deemed to have departed from Guam under paragraph 
(1)(B) of this subsection after leaving the territorial waters of Guam 
without regard to whether the alien arrives in a foreign country before 
returning to Guam.
  (c) Crewmembers Employed in Labor Disputes.--(1) An alien who intends 
to land to perform service on a vessel of the United States (as defined 
in section 2101 of title 46) or on an aircraft of an air carrier (as 
defined in section 40102(a) of title 49) during a labor dispute in 
which there is a strike or lockout of the bargaining unit of the 
employer in which the alien intends to perform that service--
          (A) is not entitled to the status of a nonimmigrant 
        classified under this section;
          (B) may not be paroled into the United States under section 
        6121 of this title, unless the Attorney General decides that 
        the parole of the alien is necessary to protect the security of 
        the United States; and
          (C) is not a crewmember for purposes of section 2703(d) of 
        this title.
  (2) Paragraph (1) of this subsection does not apply to an alien if 
the air carrier or owner or operator of the vessel employing the alien 
provides documentation that satisfies the Attorney General that the 
alien--
          (A) has been employed by that employer for at least a one-
        year period before the date that the strike or legal lockout 
        began;
          (B) has served as a qualified crewmember for that employer at 
        least once in each of 3 months during the 12-month period 
        before that date; and
          (C) will continue to perform the same services that the alien 
        provided during the alien's employment described in clause (B) 
        of this paragraph.
Sec. 2306. Aliens entitled to enter for trade or investment
  (a) Definition.--In this section, ``citizen of Mexico'' has the same 
meaning given that term in Annex 1608 of the North American Free Trade 
Agreement.
  (b) Eligibility Under Treaty.--An alien is classifiable as a 
nonimmigrant under this section if the alien--
          (1) is entitled to enter the United States under a treaty of 
        commerce and navigation between the United States and the 
        foreign country of which the alien is a national only--
                  (A) to carry on an amount of trade (including trade 
                in services or technology) principally between the 
                United States and the country of which the alien is a 
                national that is substantial, as established by the 
                Secretary of State after consulting with the heads of 
                appropriate federal departments, agencies, and 
                instrumentalities; or
                  (B) to develop and direct the operations of an 
                enterprise in which the alien has invested or is 
                actively in the process of investing an amount of 
                capital that is substantial, as established by the 
                Secretary after consulting with the heads of 
                appropriate federal departments, agencies, and 
                instrumentalities; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (c) Eligibility Under Legislation.--An alien is classifiable as a 
nonimmigrant under this section if the alien--
          (1) is a national of the Philippines who is coming to the 
        United States, on a reciprocal basis under an agreement 
        implemented under the Act of June 18, 1954 (ch. 323, 68 Stat. 
        264), only to engage in activities described in subsection 
        (b)(1)(A) or (B) of this section;
          (2) is a national of Australia or Sweden who is coming to the 
        United States on a reciprocal basis only to engage in 
        activities described in subsection (b)(1)(A) or (B) of this 
        section;
          (3)(A) is a citizen of Canada; and
          (B) is coming to the United States on a reciprocal basis 
        under the United States-Canada Free-Trade Agreement only for a 
        purpose specified by Annex 1502.1 (United States of America), 
        Part B--Traders and Investors, of the United States-Canada 
        Free-Trade Agreement, but only if the purpose was specified by 
        that Annex on January 1, 1989;
          (4) subject to subsection (d) of this section--
                  (A) is a citizen of Canada or a citizen of Mexico; 
                and
                  (B) is coming to the United States on a reciprocal 
                basis under the North American Free Trade Agreement 
                only for a purpose specified by section B of Annex 1603 
                of the Agreement, but only if the purpose was specified 
                by Annex 1603 on January 1, 1994; or
          (5) is the spouse or child of an alien described in clause 
        (1), (2), (3), or (4) of this subsection if accompanying or 
        following to join the alien.
  (d) Labor Disputes.--An alien described in subsection (c)(4) of this 
section is not entitled to be classified as a nonimmigrant under 
subsection (c)(4) if there is a strike or lockout in progress during a 
labor dispute in the occupational classification at the alien's place 
or intended place of employment, unless the alien establishes under 
regulations prescribed by the Attorney General that the alien's entry 
will not adversely affect the settlement of the strike or lockout or 
the employment of any individual who is involved in the strike or 
lockout. Notice of a decision by the Attorney General under this 
subsection shall be given in the way required by paragraph 3 of Article 
1603 of the North American Free Trade Agreement.
Sec. 2307. Aliens entitled to enter for business activities at a 
                    professional level under certain trade agreements
  (a) Definition.--In this section, ``citizen of Mexico'' has the same 
meaning given that term in Annex 1608 of the North American Free Trade 
Agreement.
  (b) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) is a citizen of Canada;
          (B) is coming to the United States under Annex 1502.1 (United 
        States of America), Part C--Professionals, of the United 
        States-Canada Free-Trade Agreement to engage in business 
        activities at a professional level as provided in that Annex; 
        and
          (C) may be admitted to the United States to engage in those 
        activities under regulations prescribed by the Attorney General 
        after consulting with the Secretaries of State and Labor; or
          (2)(A) subject to subsections (c)-(e) of this section--
                  (i) is a citizen of Canada or a citizen of Mexico;
                  (ii) is coming to the United States under section D 
                of Annex 1603 of the North American Free Trade 
                Agreement to engage in business activities at a 
                professional level as provided in Annex 1603; and
                  (iii) may be admitted to the United States to engage 
                in those activities under regulations prescribed by the 
                Attorney General after consulting with the Secretaries 
                of State and Labor; or
          (B) is the spouse or child of an alien described in subclause 
        (A) of this clause if accompanying or following to join the 
        alien.
  (c) Numerical Limitations on Citizens of Mexico.--(1) The Attorney 
General shall establish an annual numerical limitation on the admission 
of citizens of Mexico classified under subsection (b)(2) of this 
section, as provided in Appendix 1603.D.4 of Annex 1603 of the North 
American Free Trade Agreement. Subject to paragraph (2) of this 
subsection, the limitation--
          (A) may be increased after December 31, 1994, under paragraph 
        5(a) of section D of Annex 1603 of the Agreement; and
          (B) shall cease to apply as provided in paragraph 3 of 
        Appendix 1603.D.4.
  (2) The limitation referred to in paragraph (1) of this subsection 
may be increased or shall cease to apply (other than under paragraph 3 
of Appendix 1603.D.4) only if--
          (A) the President has obtained advice about the proposed 
        action from the appropriate advisory committees established 
        under section 135 of the Trade Act of 1974 (19 U.S.C. 2155);
          (B) the President has submitted a report to the Committees on 
        the Judiciary of the Senate and the House of Representatives 
        that states the action proposed to be taken, the reasons for 
        the proposed action, and the advice obtained under clause (A) 
        of this paragraph;
          (C) at least 60 days have passed after the President meets 
        the requirements of clauses (A) and (B) of this paragraph; and
          (D) the President consults with those committees during that 
        60-day period about the proposed action.
  (d) Additional Requirements for Citizens of Mexico.--During the 
period that Appendix 1603.D.4 of Annex 1603 of the North American Free 
Trade Agreement applies, an alien who is a citizen of Mexico and enters 
under section D of Annex 1603 must comply--
          (1) for a registered nurse, with the attestation requirements 
        of section 2902 of this title, to the extent and in the way 
        provided by regulations prescribed by the Secretary of Labor;
          (2) for all other professions set out in Appendix 1603.D.1 of 
        Annex 1603, with the application requirements of section 2351 
        of this title, to the extent and in the way provided by 
        regulations prescribed by the Secretary of Labor; and
          (3) with the employer petition requirements of this chapter, 
        to the extent and in the way provided by regulations prescribed 
        by the Attorney General.
  (e) Labor Disputes.--An alien who is a citizen of Canada or a citizen 
of Mexico and who is coming to the United States under section B, C, or 
D of Annex 1603 of the North American Free Trade Agreement is not 
entitled to be classified as a nonimmigrant under those sections if 
there is a strike or lockout in progress during a labor dispute in the 
occupational classification at the alien's place or intended place of 
employment, unless the alien establishes under regulations prescribed 
by the Attorney General that the alien's entry will not adversely 
affect the settlement of the strike or lockout or the employment of any 
individual who is involved in the strike or lockout. Notice of a 
decision by the Attorney General under this subsection shall be given 
in the way required by paragraph 3 of Article 1603 of the Agreement.
Sec. 2308. Media representatives
  On a reciprocal basis, an alien is classifiable as a nonimmigrant 
under this section if the alien is--
          (1) a representative of foreign information media who is 
        coming to the United States only to work as a representative of 
        foreign information media; or
          (2) the spouse or child of an alien described in clause (1) 
        of this section if accompanying or following to join the alien.
Sec. 2309. Aliens engaged to marry citizens
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien is--
          (1) engaged to marry a citizen of the United States and is 
        coming to the United States only to marry the citizen within 90 
        days after admission; or
          (2) the child of an alien described in clause (1) of this 
        subsection if accompanying or following to join the alien.
  (b) Fiancee or Fiance Petitions.--(1) The citizen fiancee or fiance 
of an alien described in subsection (a)(1) of this section must file a 
petition in the United States with the Attorney General. The petition 
must be in the form and contain the information the Attorney General 
prescribes by regulation. The Attorney General may approve the petition 
only if satisfied that the parties--
          (A) previously have met in person during the 2 years before 
        the date the petition was filed, except that the Attorney 
        General may waive this requirement;
          (B) intend to marry; and
          (C) are legally able and willing to marry not later than 90 
        days after the alien arrives in the United States.
  (2) The consular officer must receive the petition approved by the 
Attorney General before a visa may be issued to the alien.
Sec. 2310. Students in academic institutions and language training 
                    programs
  (a) General.--Except as provided in subsection (c) of this section, 
an alien is classifiable as a nonimmigrant under this section if the 
alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning;
          (B) is a student qualified to take a full course of study; 
        and
          (C) is coming to the United States temporarily and only to 
        take a full course of study at an established academic 
        institution or in a language training program designated by the 
        alien and approved by the Attorney General under subsection (b) 
        of this section; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Approval of Institutions and Programs.--(1) The Attorney General 
may approve an institution or language training program referred to in 
subsection (a) of this section only after--
          (A) the Attorney General has consulted with the Secretary of 
        Education; and
          (B) the institution or the place of study for the program has 
        agreed to report promptly to the Attorney General the 
        termination of attendance of each nonimmigrant student.
  (2) The Attorney General shall withdraw the approval if the 
institution or place of study fails to report promptly.
  (c) Limitations.--(1) An alien may not be granted the status of a 
nonimmigrant classified under subsection (a)(1) of this section in 
order to pursue a course of study--
          (A) at a public elementary school or in a publicly funded 
        adult education program; or
          (B) at a public secondary school unless--
                  (i) the aggregate period of that status at a public 
                secondary school does not exceed 12 months with respect 
                to that alien; and
                  (ii) the alien demonstrates that the alien has 
                reimbursed the local educational agency that 
                administers the school for the full, unsubsidized per 
                capita cost of providing education at the school for 
                the period of the alien's attendance.
  (2) If an alien who acquires the status of a nonimmigrant classified 
under subsection (a)(1) of this section in order to pursue a course of 
study at a private elementary or secondary school or in a language 
training program that is not publicly funded terminates or abandons 
that course of study at that school and undertakes a course of study at 
a public elementary school, in a publicly funded adult education 
program, in a publicly funded adult education language training 
program, or at a public secondary school (unless the requirements of 
paragraph (1)(B) of this subsection are met)--
          (A) the alien shall be considered to have violated that 
        status; and
          (B) the alien's visa under subsection (a)(1) of this section 
        shall be void.
  (3) This subsection applies to an alien who acquires the status of a 
nonimmigrant classified under subsection (a)(1) of this section as well 
as to an alien whose status as such a nonimmigrant is extended.
  (d) Work Authorizations.--(1) During the 5-year period that began on 
October 1, 1991, the Attorney General may grant a work authorization 
for an alien admitted as a nonimmigrant classified under subsection 
(a)(1) of this section to be employed off-campus if--
          (A) the alien has completed one academic year as such a 
        nonimmigrant and is maintaining good academic standing at the 
        educational institution;
          (B) the employer provides the educational institution and the 
        Secretary of Labor with an attestation that the employer--
                  (i) has recruited for at least 60 days for the 
                position; and
                  (ii) will pay the alien and other similarly situated 
                workers not less than the actual wage level for the 
                occupation at the place of employment, or the 
                prevailing wage level for the occupation in the area of 
                employment, whichever is greater; and
          (C) the alien will be employed no more than 20 hours each 
        week during the academic term.
  (2) An alien described in this subsection may be employed on a full-
time basis during vacation periods and between academic terms.
  (3) If the Secretary of Labor determines that an employer has 
provided an attestation under this subsection that is materially false 
or has failed to pay wages in accordance with the attestation, the 
employer shall be disqualified from employing an alien under this 
subsection after the Secretary provides notice to the employer and an 
opportunity for a hearing.
  (4) Not later than April 1, 1996, the Attorney General and the 
Secretary of Labor shall submit to Congress a report on--
          (A) whether the program of work authorization under this 
        subsection should be extended; and
          (B) the impact of the program on the prevailing wages of 
        workers.
Sec. 2311. Students in nonacademic institutions
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States temporarily and only to 
        take a full course of study (except in a language training 
        program) at a recognized nonacademic institution designated by 
        the alien and approved by the Attorney General under subsection 
        (b) of this section; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Approval of Institutions.--(1) The Attorney General may approve 
an institution referred to in subsection (a) of this section only 
after--
          (A) the Attorney General has consulted with the Secretary of 
        Education; and
          (B) the institution has agreed to report promptly to the 
        Attorney General the termination of attendance of each 
        nonimmigrant student.
  (2) The Attorney General shall withdraw the approval if the 
institution fails to report promptly.
Sec. 2312. Participants in programs designated by the Director of the 
                    United States Information Agency
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning;
          (B) is a student, scholar, trainee, teacher, researcher, 
        leader, or similar individual in a field of specialized 
        knowledge or skill; and
          (C) is coming to the United States temporarily to teach, 
        lecture, study, observe, conduct research, consult, receive 
        training, or demonstrate special skills in a program designated 
        by the Director of the United States Information Agency, and, 
        if coming to participate in a program in which the alien will 
        receive graduate medical education or training, satisfies the 
        requirements of subsections (b) and (c) of this section; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Additional Requirements for Aliens in Medical Programs.--The 
following additional requirements apply to an alien coming to the 
United States as a nonimmigrant classified under subsection (a)(1) of 
this section to participate in a program in which the alien will 
receive graduate medical education or training:
          (1) A school of medicine or of another health profession 
        accredited by a body approved by the Secretary of Education 
        must agree in writing to provide the graduate medical education 
        or training under the program for which the alien is coming to 
        the United States or to arrange for an appropriate public or 
        nonprofit private agency or institution to provide the 
        education or training. Before making the agreement, the school 
        must be satisfied that the alien satisfies paragraph (2) of 
        this subsection. If the agreement is by a school of medicine, 
        any of its affiliated hospitals that will participate in 
        providing the education or training must be a party to the 
        agreement.
          (2) The alien must--
                  (A) have graduated from a school of medicine 
                accredited by a body approved by the Secretary of 
                Education (regardless of whether the school is in the 
                United States); or
                  (B)(i) have passed parts I and II of the National 
                Board of Medical Examiners Examination or an 
                examination the Secretary of Health and Human Services 
                decides is equivalent;
                  (ii) be competent in oral and written English;
                  (iii) be able to adapt to the educational and 
                cultural environment in which the alien will be 
                receiving the education or training; and
                  (iv) have adequate prior education and training to 
                participate satisfactorily in the program.
          (3) The government of the foreign country of the alien's 
        nationality or last residence must provide a written assurance 
        satisfactory to the Secretary of Health and Human Services that 
        the country needs individuals with the skills the alien will 
        acquire in the program.
          (4) The alien must agree to return to the foreign country of 
        the alien's nationality or last residence on completing the 
        program.
          (5) The alien must give the Attorney General annually an 
        affidavit (in the form prescribed by the Attorney General) 
        attesting that the alien--
                  (A) is in good standing in the program; and
                  (B) will return to the foreign country of the alien's 
                nationality or last residence on completing the 
                program.
          (6) The alien's participation in the program is limited to 
        the period typically required to complete the program, as 
        determined by the Director at the time of the alien's admission 
        to the United States. The Director shall base the determination 
        on criteria, established in coordination with the Secretary of 
        Health and Human Services, that consider the published 
        requirements of the medical specialty board administering the 
        program. However--
                  (A) the period may be more than 7 years only if the 
                alien satisfies the Director that the foreign country 
                to which the alien will return on completing the 
                program has an exceptional need for an individual with 
                the skills the alien will acquire in the program; and
                  (B) the alien may change programs once within the 
                first 2 years after the alien is admitted to the United 
                States as a nonimmigrant classified under subsection 
                (a)(1) of this section or acquiring the status of a 
                nonimmigrant classified under subsection (a)(1) if the 
                Director approves the change and a written assurance 
                and an agreement are given for the new program as 
                provided in paragraphs (3) and (4) of this subsection.
  (c) Satisfaction of Requirements by Certain Medical School 
Graduates.--An alien who is a graduate of a medical school satisfies 
subsection (b)(2)(B)(i) of this section if the alien on January 9, 
1978--
          (1) was completely and permanently licensed to practice 
        medicine in a State; and
          (2) was practicing medicine in a State.
  (d) Report on Affidavits.--The Director shall submit to Congress each 
year a report on aliens who have submitted affidavits under subsection 
(b)(5) of this section. The report shall include the name and address 
of each alien, the program of graduate medical education or training in 
which the alien is participating, and the status of the alien in the 
program.
Sec. 2313. Aliens employed temporarily in specialty occupations or as 
                    fashion models
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if--
          (1)(A) the alien is coming to the United States temporarily 
        to be employed in a specialty occupation (except as a 
        registered nurse during the period specified by section 2325(c) 
        of this title or to perform services described in section 2314, 
        2318, or 2319 of this title) that requires theoretical and 
        practical application of a body of highly specialized knowledge 
        and a bachelor's, or higher, degree in the specific specialty, 
        or its equivalent, as a minimum for entry into the occupation 
        in the United States;
          (B) the alien--
                  (i) is fully licensed by a State to practice the 
                occupation if a license is required to practice that 
                occupation;
                  (ii) has completed the degree described in this 
                subclause (A) of this paragraph for that occupation; or
                  (iii) has experience in the specialty equivalent to 
                the completion of that degree and recognition of 
                expertise in the specialty through progressively more 
                responsible positions related to the specialty;
          (C) the alien meets the requirements of subsection (d) of 
        this section; and
          (D) the Secretary of Labor has certified to the Attorney 
        General that the employer intending to employ the alien has 
        filed with the Secretary an application under section 2351 of 
        this title;
          (2)(A) the alien is coming to the United States temporarily 
        to be employed as a fashion model and demonstrates 
        distinguished merit and ability; and
          (B) the Secretary of Labor has certified to the Attorney 
        General that the employer intending to employ the alien has 
        filed with the Secretary an application under section 2351 of 
        this title; or
          (3) the alien is the spouse or child of an alien described in 
        clause (1) or (2) of this subsection if accompanying or 
        following to join the alien.
  (b) Numerical and Time Limitations.--(1) The total number of aliens 
who may be issued visas or provided status as nonimmigrants classified 
under subsection (a)(1) and (2) of this section during a fiscal year is 
65,000. Those aliens shall be classified as nonimmigrants under that 
subsection in the order in which petitions are filed for that 
classification.
  (2) An alien classified as a nonimmigrant under subsection (a)(1) or 
(2) of this section may be admitted to the United States for not more 
than 6 years.
  (c) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (a)(1) or (2) of this 
section must file a petition with the Attorney General. The petition 
must be in the form and contain the information the Attorney General 
prescribes. Before approving a petition, the Attorney General shall 
consult with the heads of appropriate federal departments, agencies, 
and instrumentalities. The Attorney General must approve the petition 
before a visa may be issued to the alien. Approval of the petition does 
not establish by itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Limitations on Admission of Medical School Graduates.--An alien 
who is a graduate of a medical school and is coming to the United 
States to perform services as a member of the medical profession may be 
admitted as a nonimmigrant classified under subsection (a)(1) of this 
section only if the alien--
          (1) is coming to the United States at the invitation of a 
        public or nonprofit private educational or research institution 
        or agency in the United States to teach or conduct research, or 
        both, at or for the institution or agency; or
          (2)(A) has passed the licensing examination administered by 
        the Federation of State Medical Boards of the United States or 
        an examination the Secretary of Health and Human Services 
        decides is equivalent; and
          (B)(i) is competent in oral and written English; or
          (ii) is a graduate of a medical school that is accredited by 
        a body approved by the Secretary of Education (regardless of 
        whether the school is in the United States).
  (e) Intention To Abandon Residence in a Foreign Country.--For 
purposes of obtaining a visa or acquiring or maintaining the status of 
a nonimmigrant classified under subsection (a)(1) or (2) of this 
section, the fact that an alien is the beneficiary of an application 
for a preference status filed under subchapter I of chapter 43 of this 
title or otherwise has sought permanent residence in the United States 
is not evidence of an intention to abandon a residence in a foreign 
country if the alien has acquired a change of status under section 9108 
of this title to a classification as such a nonimmigrant before the 
alien's most recent departure from the United States.
Sec. 2314. Temporary and seasonal agricultural employees
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States temporarily to perform 
        temporary or seasonal agricultural labor or services as defined 
        by the Secretary of Labor by regulation, including agricultural 
        labor as defined in section 3121(g) of the Internal Revenue 
        Code of 1986 (26 U.S.C. 3121(g)) and agriculture as defined in 
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203); or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (a)(1) of this section 
must file a petition with the Attorney General. The petition must be in 
the form and contain the information the Attorney General prescribes. 
Before approving a petition, the Attorney General shall consult with 
the heads of appropriate federal departments, agencies, and 
instrumentalities, including the Secretaries of Labor and Agriculture. 
The Attorney General may approve the petition only after the petitioner 
has applied to the Secretary of Labor for a certification under section 
2502 of this title. The Attorney General must approve the petition 
before a visa may be issued to the alien. Approval of the petition does 
not establish by itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
Sec. 2315. Aliens performing labor or services for which United States 
                    workers are unavailable
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) is not a graduate of a medical school coming to the 
        United States to perform services as a member of the medical 
        profession;
          (B) has a residence in a foreign country that the alien has 
        no intention of abandoning; and
          (C) is coming to the United States temporarily to perform 
        temporary labor or services (except labor or services described 
        in section 2314 of this title) for which unemployed workers 
        able to perform the labor or services are unavailable in the 
        United States; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Numerical Limitations.--The total number of aliens who may be 
issued visas or provided status as nonimmigrants classified under 
subsection (a)(1) of this section during a fiscal year is 66,000. Those 
aliens shall be classified as nonimmigrants under that subsection in 
the order in which petitions are filed for that classification.
  (c) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (a)(1) of this section 
must file a petition with the Attorney General. The petition must be in 
the form and contain the information the Attorney General prescribes. 
Before approving a petition, the Attorney General shall consult with 
the heads of appropriate federal departments, agencies, and 
instrumentalities. The Attorney General must approve the petition 
before a visa may be issued to the alien. Approval of the petition does 
not establish by itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Employment in the Virgin Islands.--The Attorney General may 
approve a petition filed for an alien described in subsection (a)(1) of 
this section for employment in the Virgin Islands only--
          (1) if the alien is to be employed as an entertainer or 
        athlete; and
          (2) for not more than 45 days.
Sec. 2316. Aliens receiving training
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States temporarily to receive 
        training (except graduate medical education or training) in a 
        training program that is not designed primarily to provide 
        productive employment; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (a)(1) of this section 
must file a petition with the Attorney General. The petition must be in 
the form and contain the information the Attorney General prescribes. 
Before approving a petition, the Attorney General shall consult with 
the heads of appropriate federal departments, agencies, and 
instrumentalities. The Attorney General must approve the petition 
before a visa may be issued to the alien. Approval of the petition does 
not establish by itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
Sec. 2317. Intra-company transferees
  (a) General.--(1) An alien is classifiable as a nonimmigrant under 
this section if the alien--
          (A) within 3 years before applying for admission, has been 
        employed continuously for at least one year by a corporation or 
        other legal entity or an affiliate or subsidiary of the entity 
        and is coming to the United States temporarily to continue 
        employment with the same employer or an affiliate or subsidiary 
        of the entity--
                  (i) in an executive or managerial capacity; or
                  (ii) that involves a specialized knowledge of the 
                product of the entity, affiliate, or subsidiary and its 
                application in international markets or an advanced 
                level of knowledge of processes and procedures of the 
                entity, affiliate, or subsidiary and the alien has that 
                knowledge; or
          (B) is the spouse or child of an alien described in clause 
        (A) of this paragraph if accompanying or following to join the 
        alien.
  (2) The period of admission for an alien classified as a nonimmigrant 
under--
          (A) paragraph (1)(A)(i) of this subsection may be not more 
        than 7 years; and
          (B) paragraph (1)(A)(ii) of this subsection may be not more 
        than 5 years.
  (3) In applying paragraph (1) of this subsection, a partnership or 
similar organization organized outside the United States to provide 
accounting services is deemed to be an affiliate of a partnership 
organized in the United States to provide accounting services if--
          (A) the partnership or similar organization organized outside 
        the United States markets its accounting services under an 
        internationally recognized name under an agreement with a 
        worldwide coordinating organization owned and controlled by the 
        member accounting firms of which the United States partnership 
        is also a member; and
          (B) the United States partnership markets its accounting 
        services under the same internationally recognized name under 
        an agreement with the worldwide coordinating organization.
  (b) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (a)(1)(A) of this 
section must file a petition with the Attorney General. The petition 
must be in the form and contain the information the Attorney General 
prescribes. Before approving a petition, the Attorney General shall 
consult with the heads of appropriate federal departments, agencies, 
and instrumentalities. The Attorney General must approve the petition 
before a visa may be issued to the alien. Approval of the petition does 
not establish by itself that the alien is a nonimmigrant.
  (2) The Attorney General shall establish a procedure under which an 
employer that meets the requirements the Attorney General prescribes 
may file a petition for more than one alien described in subsection 
(a)(1)(A) of this section instead of filing individual petitions under 
paragraph (1) of this subsection for those aliens. The procedure shall 
allow the expedited processing of visas for the admission of aliens 
under such a petition.
  (3) The Attorney General shall provide for a procedure for reviewing 
and acting on petitions filed under this subsection not later than 30 
days after the date a completed petition is filed.
  (4) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (c) Intention To Abandon Residence in a Foreign Country.--For 
purposes of obtaining a visa or acquiring or maintaining the status of 
a nonimmigrant classified under subsection (a)(1)(A) of this section, 
the fact that an alien is the beneficiary of an application for a 
preference status filed under subchapter I of chapter 43 of this title 
or otherwise has sought permanent residence in the United States is not 
evidence of an intention to abandon a residence in a foreign country if 
the alien has acquired a change of status under section 9108 of this 
title to a classification as such a nonimmigrant before the alien's 
most recent departure from the United States.
Sec. 2318. Aliens with extraordinary ability or with distinction in the 
                    arts, motion pictures, or television
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A)(i) has extraordinary ability in the sciences, 
        education, business, or athletics as demonstrated by sustained 
        national or international acclaim;
          (ii) is distinguished in the arts as demonstrated by 
        sustained national or international acclaim; or
          (iii) with regard to motion picture and television 
        productions has demonstrated a record of extraordinary 
        achievement and whose achievements have been recognized in the 
        field through extensive documentation; and
          (B) is coming to the United States to continue work in the 
        area of extraordinary ability, distinction, or extraordinary 
        achievement;
          (2) has a residence in a foreign country that the alien has 
        no intention of abandoning and--
                  (A) is coming to the United States temporarily and 
                only to accompany and assist in the artistic or 
                athletic performance for any specific event by an alien 
                described in clause (1) of this subsection;
                  (B) is an integral part of the actual performance; 
                and
                  (C)(i) has critical skills and experience with the 
                alien described in clause (1) of this section that are 
                not general in nature and that cannot be performed by 
                other individuals; or
                  (ii) for a motion picture or television production, 
                has skills and experience with the alien described in 
                clause (1) of this subsection that are not general in 
                nature and are critical because of a longstanding 
                working relationship or, for a specific production, 
                because significant production (including pre-
                production and post-production work) will take place 
                both inside and outside the United States and the 
                continuing participation of the alien described in this 
                clause is essential to the successful completion of the 
                production; or
          (3) is the spouse or child of an alien described in clause 
        (1) or (2) of this subsection if accompanying or following to 
        join the alien.
  (b) Period of Admission.--An alien classified as a nonimmigrant under 
this section may be admitted for the period the Attorney General 
specifies to provide for any event for which the nonimmigrant is 
admitted.
  (c) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (a) (1) or (2) of this 
section must file a petition with the Attorney General. The petition 
must be in the form and contain the information the Attorney General 
prescribes. Before approving a petition, the Attorney General shall 
consult with the heads of appropriate federal departments, agencies, 
and instrumentalities. The Attorney General must approve the petition 
before a visa may be issued to the alien. Approval of the petition does 
not establish by itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Consultation Requirements.--The Attorney General may approve a 
petition under subsection (c) of this section only after the petitioner 
satisfies the consultation requirements of section 2352 of this title.
Sec. 2319. Athletes and entertainers
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1) has a residence in a foreign country that the alien has 
        no intention of abandoning who--
                  (A)(i) performs as an athlete, individually or as a 
                member of a group or team, at an internationally 
                recognized level of performance; and
                  (ii) is coming to the United States temporarily and 
                only to perform as an athlete for a specific athletic 
                competition;
                  (B)(i) performs with, or is an integral and essential 
                part of the performance of, an entertainment group 
                that, except as provided in section 2353(b)(1)(A) of 
                this title, has been recognized internationally as 
                being outstanding in the discipline for a sustained and 
                substantial period of time;
                  (ii) if a performer or entertainer, except as 
                provided in section 2353(b) (1)(B) and (2) of this 
                title, has had a sustained and substantial relationship 
                with that group (ordinarily for at least one year) and 
                performs functions integral to the performance of the 
                group; and
                  (iii) is coming to the United States temporarily and 
                only to perform as such a performer or entertainer or 
                as an integral and essential part of a performance;
                  (C)(i) performs as an artist or entertainer, 
                individually or as a member of a group, or is an 
                integral part of the performance of that group; and
                  (ii) is coming to the United States temporarily and 
                only to perform as such an artist or entertainer or 
                with that group under a reciprocal exchange program 
                between an organization in the United States and an 
                organization in a foreign country that provides for the 
                temporary exchange of artists and entertainers; or
                  (D)(i) performs as an artist or entertainer, 
                individually or as a member of a group, or is an 
                integral part of the performance of that group; and
                  (ii) is coming to the United States temporarily and 
                only to perform, teach, or coach as such an artist or 
                entertainer or with that group under a commercial or 
                non-commercial program that is culturally unique; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Period of Admission.--(1) Except as provided in paragraph (2) of 
this subsection, an alien classified as a nonimmigrant under this 
section may be admitted for the period the Attorney General specifies 
in order to provide for any competition, event, or performance for 
which the nonimmigrant is admitted.
  (2) An alien classified as a nonimmigrant under this section and 
admitted as an individual athlete may be admitted for an initial period 
of not more than 5 years during which the nonimmigrant will perform as 
an athlete. The Attorney General may extend that period for an 
additional period of not more than 5 years.
  (c) Petitions.--(1) Any person may file a petition with the Attorney 
General for an alien described in subsection (a) of this section.
  (2) An employer intending to bring to the United States an alien 
described in subsection (a)(1) (A) or (B) of this section must file a 
petition with the Attorney General. The petition filed under this 
paragraph must be in the form and contain the information the Attorney 
General prescribes. Before approving a petition, the Attorney General 
shall consult with the heads of appropriate federal departments, 
agencies, and instrumentalities. The Attorney General must approve the 
petition before a visa may be issued to the alien. Approval of the 
petition does not establish by itself that the alien is a nonimmigrant.
  (3) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Consultation Requirements.--The Attorney General may approve a 
petition under subsection (c) of this section only after the petitioner 
satisfies the consultation requirements of section 2353 of this title.
Sec. 2320. Participants in international exchange programs
  An alien is classifiable as a nonimmigrant under this section if the 
alien--
          (1) has a residence in a foreign country that the alien has 
        no intention of abandoning;
          (2) is coming to the United States for a period of not more 
        than 15 months to participate in an international cultural 
        exchange program approved by the Attorney General that provides 
        practical training, employment, and the sharing of history, 
        culture, and traditions of the foreign country of the alien's 
        nationality; and
          (3) will be employed for the same wages and under the same 
        working conditions as United States workers.
Sec. 2321. Aliens in religious occupations
  An alien is classifiable as a nonimmigrant under this section if the 
alien--
          (1)(A) for the 2 years immediately before the alien's 
        application for admission, has been a member of a religious 
        denomination that has a bona fide nonprofit religious 
        organization in the United States; and
          (B) is coming to the United States for a period of not more 
        than 5 years to perform work described in section 
        133(a)(3)(A)(ii) (I), (II), or (III) of this title; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this section if accompanying or following to join the 
        alien.
Sec. 2322. Participants in cooperative research, development, and 
                    coproduction projects
  (a) General.--On a reciprocal basis, an alien is classifiable as a 
nonimmigrant under this section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States for not more than 10 years 
        to provide services of an exceptional nature requiring merit 
        and ability related to a cooperative research and development 
        project or a coproduction project provided under a government-
        to-government agreement carried out by the Secretary of 
        Defense; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Numerical Limitation.--Not more than 100 aliens classified as 
nonimmigrants under this section may be admitted as, or granted the 
status of, a nonimmigrant classified under this section at any time.
Sec. 2323. Participants in special education programs
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States for not more than 18 
        months to participate in a special education training program 
        that provides practical training and experience in educating 
        children with physical, mental, or emotional disabilities; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Numerical Limitation.--Not more than 50 aliens classified as 
nonimmigrants under this section may be admitted as, or granted the 
status of, a nonimmigrant classified under this section in a fiscal 
year.
Sec. 2324. Relatives of special immigrants
  An alien is classifiable as a nonimmigrant under this section if the 
alien is--
          (1) the parent of an alien who is a special immigrant as 
        defined in section 133(a)(9) of this title, but only when the 
        alien is a child; or
          (2) a child of--
                  (A) a parent described in clause (1) of this section; 
                or
                  (B) an alien who is a special immigrant as defined in 
                section 133(a)(10) or (11) of this title.
Sec. 2325. Registered nurses
  (a) Definition.--In this section, ``facility'' includes an employer 
that employs registered nurses in a home setting.
  (b) General.--An alien is classifiable as a nonimmigrant under this 
section if the alien--
          (1)(A) is coming to the United States temporarily to perform 
        services as a registered nurse;
          (B) has obtained a full and unrestricted license to practice 
        professional nursing in the foreign country in which the alien 
        obtained nursing education or has received nursing education in 
        the United States or Canada;
          (C) has passed an appropriate examination (recognized in 
        regulations prescribed in consultation with the Secretary of 
        Health and Human Services) or has a full and unrestricted 
        license under state law to practice professional nursing in the 
        State of intended employment;
          (D) is fully qualified and eligible under the laws (including 
        temporary licensing requirements authorizing the nurse to be 
        employed) governing the place of intended employment to engage 
        in the practice of professional nursing as a registered nurse 
        immediately on admission to the United States and is authorized 
        under those laws to be employed by the facility; and
          (E) is one for whom the Secretary of Labor has certified to 
        the Attorney General that each facility (including the 
        petitioner under subsection (c)(1) of this section and each 
        worksite, except a private household worksite, that is not the 
        alien's employer or controlled by the employer) at which the 
        alien will perform the services has an attestation on file and 
        in effect under section 2902 of this title; or
          (2) is the spouse or child of an alien described in clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (c) Employer Petitions.--(1) An employer intending to bring to the 
United States an alien described in subsection (b)(1) of this section 
must file a petition with the Attorney General. The Attorney General 
may approve a petition filed under this section only if the petition is 
filed during the period from September 1, 1990, through August 31, 
1995. The petition must be in the form and contain the information the 
Attorney General prescribes. Before approving a petition, the Attorney 
General shall consult with the heads of appropriate federal 
departments, agencies, and instrumentalities. The Attorney General must 
approve the petition before a visa may be issued to the alien. Approval 
of a petition does not establish by itself that the alien is a 
nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Period of Admission.--An alien classified as a nonimmigrant under 
this section may be admitted for an initial period of not more than 3 
years. The initial period may be extended for one or more periods, but 
the total period of admission may not be more than 5 years (or 6 years 
if the Attorney General decides there are extraordinary circumstances).
  (e) Intention To Abandon Residence in a Foreign Country.--For 
purposes of obtaining a visa or acquiring or maintaining the status of 
a nonimmigrant classified under this section, the fact that an alien is 
the beneficiary of an application for a preference status filed under 
subchapter I of chapter 43 of this title or otherwise has sought 
permanent residence in the United States is not evidence of an 
intention to abandon a residence in a foreign country if the alien has 
acquired a change of status under section 9108 of this title to a 
classification as such a nonimmigrant before the alien's most recent 
departure from the United States.
  (f) Extension of Stay for Certain Nurses.--(1) The authorized period 
of stay in the United States of a nonimmigrant described in paragraph 
(2) of this subsection is extended through September 30, 1997.
  (2) A nonimmigrant described in this paragraph is a nonimmigrant--
          (A) who entered the United States as a nonimmigrant 
        classified under subsection (b)(1) of this section;
          (B) who was in the United States after August 31, 1995, and 
        on September 30, 1996; and
          (C) whose period of authorized stay has expired or would 
        expire before September 30, 1997, but for this subsection.
  (3) This subsection does not extend the validity of any visa issued 
to a nonimmigrant described in subsection (b)(1) of this section or to 
authorize the re-entry of any individual outside the United States on 
September 30, 1996.
  (4) A nonimmigrant whose authorized period of stay is extended under 
this subsection is not eligible to change employers in accordance with 
section 214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations, as 
in effect on September 29, 1996.
  (5) A nonimmigrant whose authorized period of stay is extended under 
this subsection, and the spouse and child of such an immigrant, are 
considered to have continued to maintain lawful status as a 
nonimmigrant through September 30, 1997.
Sec. 2326. Aliens with information about criminal or terrorist 
                    organizations
  (a) General.--An alien is classifiable as a nonimmigrant under this 
section if--
          (1) the Attorney General decides that--
                  (A) the alien is in possession of critical reliable 
                information about a criminal organization or 
                enterprise;
                  (B) the alien is willing to supply or has supplied 
                that information to federal or state law enforcement 
                authorities or a federal or state court; and
                  (C) the presence of the alien in the United States is 
                essential to the success of an authorized criminal 
                investigation or the successful prosecution of an 
                individual involved in the criminal organization or 
                enterprise;
          (2) the Secretary of State and the Attorney General jointly 
        decide that the alien--
                  (A) is in possession of critical reliable information 
                about a terrorist organization, enterprise, or 
                operation;
                  (B) is willing to supply or has supplied that 
                information to Government law enforcement authorities 
                or a federal court;
                  (C) will be or has been placed in danger as a result 
                of providing that information; and
                  (D) is eligible to receive a reward under section 
                36(a) of the State Department Basic Authorities Act of 
                1956 (22 U.S.C. 2708(a)); or
          (3)(A) the alien is the spouse, son or daughter, or parent of 
        an alien described in clause (1) or (2) of this subsection 
        accompanying or following to join that alien; and
          (B) the Attorney General (with respect to an alien described 
        in clause (1) of this subsection) or the Secretary and the 
        Attorney General jointly (with respect to an alien described in 
        clause (2) of this subsection) consider the nonimmigrant 
        classification of the spouse, son or daughter, or parent 
        appropriate.
  (b) Numerical and Time Limitations.--(1) Not more than--
          (A) 200 aliens may be provided a visa as a nonimmigrant 
        classified under subsection (a)(1) of this section in a fiscal 
        year; and
          (B) 50 aliens may be provided a visa as a nonimmigrant 
        classified under subsection (a)(2) of this section in a fiscal 
        year.
  (2) An alien classified as a nonimmigrant under subsection (a)(1) or 
(2) of this section may be admitted to the United States for not more 
than 3 years. The Attorney General may not extend the period of 
admission.
  (3) An alien classified as a nonimmigrant under subsection (a)(1) or 
(2) of this section may not be admitted to the United States after 
September 13, 1999.
  (c) Alien Requirements.--As a condition of admission and continued 
stay in lawful status, an alien classified as a nonimmigrant under 
subsection (a)(1) or (2) of this section--
          (1) shall report at least quarterly to the Attorney General 
        information concerning the alien's whereabouts and activities 
        the Attorney General requires;
          (2) may not be convicted, after the alien is admitted to the 
        United States, of a criminal offense punishable by a term of 
        imprisonment of at least one year;
          (3) must have executed a form waiving the alien's right to 
        contest, other than on the basis of an application for 
        withholding of removal, any action for removal of the alien 
        begun before the alien obtains lawful permanent resident 
        status; and
          (4) shall comply with any other condition, limitation, or 
        restriction the Attorney General imposes.
  (d) Report by Attorney General.--The Attorney General shall submit a 
report annually to the Committees on the Judiciary of the House of 
Representatives and the Senate on--
          (1) the number of aliens classified as nonimmigrants under 
        subsection (a)(1) or (2) of this section and admitted to the 
        United States;
          (2) the number of successful criminal prosecutions or 
        investigations resulting from the cooperation of those aliens;
          (3) the number of terrorist acts prevented or frustrated 
        resulting from the cooperation of those aliens;
          (4) the number of aliens classified as nonimmigrants under 
        subsection (a)(1) or (2) of this section and admitted to the 
        United States whose admission or cooperation has not resulted 
        in successful criminal prosecution or investigation or the 
        prevention or frustration of a terrorist act; and
          (5) the number of aliens who have failed to report as 
        required under subsection (c)(1) of this section or who have 
        been convicted of crimes in the United States after the date of 
        their admission as nonimmigrants classified under subsection 
        (a)(1) or (2) of this section.

                  SUBCHAPTER II--SPECIAL REQUIREMENTS

Sec. 2351. Employer applications for aliens employed temporarily in 
                    specialty occupations or as fashion models
  (a) General.--An alien may be admitted as, or granted the status of, 
a nonimmigrant classified under section 2313(a)(1) or (2) of this title 
only after the employer intending to employ the alien files an 
application with the Secretary of Labor stating the following:
          (1) The employer--
                  (A) during the period of authorized employment, is 
                offering and will offer the nonimmigrant wages that, 
                based on the best information available at the time the 
                application is filed, are at least the greater of--
                          (i) the actual wage level paid by the 
                        employer to all other individuals with similar 
                        experience and qualifications for the specific 
                        employment in question; or
                          (ii) the prevailing wage level of the 
                        occupational classification in the area of 
                        employment; and
                  (B) will provide working conditions for the 
                nonimmigrant that will not adversely affect the working 
                conditions of workers similarly employed.
          (2) There is no strike or lockout during a labor dispute in 
        the occupational classification at the place of employment.
          (3) At the time the application was filed, the employer--
                  (A) provided notice of the filing of an application 
                under this subsection to the bargaining representative 
                of the employer's employees in the occupational 
                classification and area for which aliens are sought; or
                  (B) if there is no bargaining representative, posted 
                notice of the filing in conspicuous locations at the 
                place of employment.
          (4) There is a specification of the number of workers sought, 
        the occupational classification in which the workers will be 
        employed, and wage rate and conditions under which they will be 
        employed.
  (b) Public Availability of Applications and Application Lists.--(1) 
Not later than one working day after the date on which an application 
under this subsection is filed, the employer shall make available for 
public examination at the employer's principal place of business or 
worksite a copy of each application filed under subsection (a) of this 
section and necessary accompanying documentation.
  (2) On a current basis and by employer and occupational 
classification, the Secretary shall compile a list of the applications 
filed. That list shall include the wage rate, number of aliens sought, 
period of intended employment, and the date of need. The Secretary 
shall make that list available for public examination in the District 
of Columbia.
  (c) Secretarial Review of Applications.--The Secretary shall review 
an application only for completeness and obvious inaccuracies. Unless 
the Secretary finds that the application is incomplete or obviously 
inaccurate, the Secretary shall make the certification described in 
section 2313(a)(1)(C) or (2)(B) of this title not later than 7 days 
after the date the application is filed.
  (d) Failure To Meet Application Conditions and Misrepresentations.--
(1) The Secretary shall establish a procedure for receiving, 
investigating, and disposing of complaints about a petitioner's failure 
to meet a condition specified by an application submitted under 
subsection (a) of this section or a petitioner's misrepresentation of a 
material fact in that application. An aggrieved person (including a 
bargaining representative) may file a complaint under this subsection 
but the complaint must be filed not later than 12 months after the date 
of the failure or misrepresentation. The Secretary shall conduct an 
investigation as provided in this subsection if there is reasonable 
cause to believe that a failure or misrepresentation has occurred.
  (2) Not later than 30 days after the date a complaint is filed, the 
Secretary shall decide whether a reasonable basis exists to make a 
finding under paragraph (3) or (4) of this subsection. If the Secretary 
decides that a reasonable basis exists, the Secretary shall provide 
interested parties notice and an opportunity for a hearing under 
section 556 of title 5 about the complaint not later than 60 days after 
deciding that a reasonable basis exists. If a hearing is requested, the 
Secretary shall make a finding about the complaint not later than 60 
days after the date of the hearing. The Secretary may consolidate 
hearings on similar complaints about the same applicant.
  (3) If the Secretary finds, after notice and an opportunity for a 
hearing under paragraph (2) of this subsection, that there has been a 
failure to meet a condition of subsection (a)(2) of this section, a 
substantial failure to meet a condition described in subsection (a)(3) 
or (4) of this section, a willful failure to meet a condition of 
subsection (a)(1) of this section, or misrepresentation of a material 
fact in an application--
          (A) the Secretary shall notify the Attorney General of that 
        finding and may impose administrative remedies the Secretary 
        decides are appropriate, including a civil penalty of not more 
        than $1,000 for each violation; and
          (B) the Attorney General may not approve a petition filed by 
        the employer under any of sections 2313-2319 or 2325 of this 
        title or subchapter I of chapter 43 for at least one year.
  (4) If the Secretary finds after notice and an opportunity for a 
hearing under paragraph (2) of this subsection that an employer has not 
paid wages at the wage level specified under the application and 
required under subsection (a)(1) of this section, the Secretary shall 
order the employer to provide back pay required to comply with 
subsection (a)(1) whether or not a penalty has been imposed under 
paragraph (3) of this subsection.
Sec. 2352. Advisory opinions for aliens with extraordinary ability or 
                    with distinction in the arts, motion pictures, or 
                    television
  (a) General Requirements.--(1) The Attorney General may approve a 
petition--
          (A) for an alien described in section 2318(a)(1)(A)(i) or 
        (ii) of this title, only after the petitioner consults with a 
        peer group or other person (including a labor organization) the 
        petitioner chooses with expertise in the specific field 
        involved by submitting with the petition an advisory opinion 
        from that group or person;
          (B) for an alien described in section 2318(a)(2)(A)-(C)(i) of 
        this title, only after the petitioner consults with a labor 
        organization with expertise in the area of the skills and 
        experience involved by submitting with the petition an advisory 
        opinion from that labor organization; or
          (C) for an alien described in section 2318(a)(1)(A)(iii) or 
        (2)(C)(ii) of this title, after consulting with the appropriate 
        labor organization representing the alien's occupational peers 
        and a management organization in the area of the alien's 
        ability.
  (2) An opinion by a labor organization or management organization 
about an alien referred to in paragraph (1)(C) of this subsection is 
coming to the United States for a motion picture or television 
production is advisory only. An opinion recommending denial of an 
application for that alien must be in writing. In making a decision on 
the petition, the Attorney General shall consider the exigencies and 
scheduling of the production. The Attorney General shall attach any 
advisory opinion to that decision.
  (3)(A) If a petitioner does not submit an advisory opinion from an 
appropriate labor organization as required by paragraph (1)(A) or (B) 
of this subsection, the Attorney General shall forward a copy of the 
petition and supporting documents to the national office of an 
appropriate labor organization not later than 5 days after receiving 
the petition. If the employer's employees in the occupational 
classification for which the alien is being sought have a collective 
bargaining representative, that representative is the appropriate labor 
organization.
  (B) A person or labor organization receiving a copy of a petition as 
provided in subparagraph (A) of this paragraph has not more than 15 
days after receiving the petition to submit a written advisory opinion 
or provide a letter stating that the person or organization has no 
objection. At the end of the 15-day period, the Attorney General shall 
give the petitioner an opportunity, when appropriate, to provide 
rebuttal evidence. The Attorney General shall act on the petition not 
later than 14 days after the end of the 15-day period, or if rebuttal 
evidence is provided, not later than 14 days after receiving that 
evidence. The Attorney General may shorten a time period under this 
paragraph for emergency reasons unless the shorter period is an 
unreasonable burden on a participant in the process.
  (4) If a petitioner referred to in paragraph (1)(A) or (B) of this 
subsection establishes that an appropriate peer group (including a 
labor organization) does not exist, the Attorney General shall act on 
the petition without requiring an advisory opinion.
  (5) The Attorney General shall prescribe regulations to establish 
expedited consultation procedures for nonimmigrant--
          (A) artists and entertainers described in section 2318 of 
        this title to accommodate the exigencies and scheduling of a 
        given production or event; and
          (B) athletes described in section 2318(a)(1) of this title in 
        the case of emergency circumstances, including trades during a 
        season.
  (6) Consultation with a nongovernmental entity does not authorize the 
Attorney General to delegate authority under this subsection to a 
nongovernmental entity. The Attorney General shall give advisory 
opinions under this subsection the weight the Attorney General decides, 
in the Attorney General's sole discretion, is appropriate.
  (b) Waivers.--The Attorney General shall prescribe regulations to 
provide for the waiver of the consultation requirement under subsection 
(a)(1)(A) of this section for an alien admitted to the United States as 
a nonimmigrant classified under section 2318(a)(1)(A)(ii) of this title 
because of distinction in the arts and who is seeking to be readmitted 
to perform similar services within 2 years after the date of a 
consultation under subsection (a)(1)(A) of this section. Not later than 
5 days after a waiver is provided, the Attorney General shall forward a 
copy of the petition and supporting documents to the national office of 
the appropriate labor organization.
Sec. 2353. Advisory opinions for athletes and entertainers
  (a) General Requirements.--(1) The Attorney General may approve a 
petition for an alien described in--
          (A) section 2319(a)(1)(A), (B), or (D) of this title, only 
        after the petitioner consults with a labor organization with 
        expertise in the specific field of athletics or entertainment 
        involved by submitting with the petition an advisory opinion 
        from that labor organization; or
          (B) section 2319(a)(1)(C) of this title, only after 
        consultation with labor organizations representing artists and 
        entertainers in the United States.
  (2) If a petitioner does not submit an advisory opinion from an 
appropriate labor organization required by paragraph (1)(A) of this 
subsection, the Attorney General shall forward a copy of the petition 
and supporting documents to the national office of an appropriate labor 
organization not later than 5 days after receiving the petition. If the 
employer's employees in the occupational classification for which the 
alien is being sought have a collective bargaining representative, that 
representative is the appropriate labor organization.
  (3) A person or labor organization receiving a copy of a petition as 
provided in paragraph (2) of this subsection has not more than 15 days 
after receiving the petition to submit a written advisory opinion or 
provide a letter stating that the person or organization has no 
objection. At the end of the 15-day period, the Attorney General shall 
give the petitioner an opportunity, when appropriate, to provide 
rebuttal evidence. The Attorney General shall act on the petition not 
later than 14 days after the end of the 15-day period, or if rebuttal 
evidence is provided, not later than 14 days after receiving that 
evidence. The Attorney General may shorten a time period under this 
paragraph for emergency reasons unless the shorter period is an 
unreasonable burden on a participant in the process.
  (4) If a petitioner referred to in paragraph (1)(A) of this 
subsection establishes that an appropriate peer group (including a 
labor organization) does not exist, the Attorney General shall act on 
the petition without requiring an advisory opinion.
  (5) The Attorney General shall prescribe regulations to establish 
expedited consultation procedures for nonimmigrant--
          (A) artists and entertainers under section 2319 of this title 
        to accommodate the exigencies and scheduling of a given 
        production or event; and
          (B) athletes described in section 2319(a)(1)(A) of this title 
        in the case of emergency circumstances, including trades during 
        a season.
  (6) Consultation with a nongovernmental entity does not authorize the 
Attorney General to delegate authority under this subsection to a 
nongovernmental entity. The Attorney General shall give advisory 
opinions under this subsection the weight the Attorney General decides, 
in the Attorney General's sole discretion, is appropriate.
  (b) Waivers and Nonapplication.--(1) The Attorney General may waive--
          (A) in consideration of special circumstances, the 
        international recognition requirement of section 
        2319(a)(1)(B)(i) of this title for an entertainment group that 
        is recognized nationally as being outstanding in its discipline 
        for a sustained and substantial period of time; and
          (B) the one-year relationship requirement of section 
        2319(a)(1)(B)(ii) of this title for an alien who--
                  (i) replaces an essential member of the group, 
                because of illness or unanticipated or exigent 
                circumstances; or
                  (ii) augments the group by performing a critical 
                role.
  (2) The one-year relationship requirement of section 
2319(a)(1)(B)(ii) of this title does not apply to 25 percent of the 
performers in a group.
  (3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this 
title do not apply to an alien who performs as part of a circus or 
circus group or who is an integral and essential part of the 
performance of that circus or group, but only if the alien is coming to 
the United States to join a circus that has been recognized nationally 
as outstanding for a sustained and substantial period of time or as 
part of such a circus.

                     SUBCHAPTER III--MISCELLANEOUS

Sec. 2371. Information on foreign students and other exchange program 
                    participants
  (a) Definitions.--In this section--
          (1) ``approved institution of higher education'' means a 
        college or university the Attorney General approves, in 
        consultation with the Secretary of Education, under section 
        2310(b) or 2311(b) of this title.
          (2) ``designated exchange visitor program'' means a program 
        that has been--
                  (A) designated by the Director of the United States 
                Information Agency for purposes of section 
                2312(a)(1)(C) of this title; and
                  (B) selected by the Attorney General for purposes of 
                the information collection program described in 
                subsection (b) of this section.
  (b) General.--(1) In consultation with the Secretaries of State and 
Education, the Attorney General shall develop and carry out a program 
to collect the information described in subsection (c) of this section 
from approved institutions of higher education and designated exchange 
visitor programs in the United States with respect to each alien who--
          (A) has the status, or is applying for the status, of a 
        nonimmigrant classified under section 2310, 2311, or 2312 of 
        this title; and
          (B) is a national of a country the Attorney General 
        designates under paragraph (2) of this subsection.
  (2) In consultation with the Secretary of State, the Attorney General 
shall initially designate at least 5 countries for purposes of 
paragraph (1)(B) of this subsection and may designate additional 
countries at any time while the information collection program under 
this section is being carried out.
  (3) The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 
1232g) does not apply to aliens described in paragraph (1) of this 
subsection to the extent the Attorney General determines necessary to 
carry out the information collection program under this section.
  (c) Information To Be Collected.--(1) The following information shall 
be collected under subsection (b) of this section for each alien 
described in subsection (b)(1) of this section:
          (A) the identity and current address in the United States of 
        the alien.
          (B) the nonimmigrant classification of the alien.
          (C) the date on which--
                  (i) a visa under that classification was issued or 
                extended; or
                  (ii) the Attorney General approved a change to that 
                classification.
          (D) in the case of a student at an approved institution of 
        higher education--
                  (i) the current academic status of the alien, 
                including whether the alien is maintaining status as a 
                full-time student; and
                  (ii) any disciplinary action taken by the institution 
                against the alien as a result of the alien's being 
                convicted of a crime.
          (E) in the case of a participant in a designated exchange 
        visitor program--
                  (i) whether the alien is satisfying the terms of that 
                program; and
                  (ii) any change in the alien's participation as a 
                result of the alien's being convicted of a crime.
  (2) The information described in paragraph (1) of this subsection 
shall be collected electronically, where practicable.
  (3) To the extent practicable, the Attorney General shall--
          (A) design the information collection program under this 
        section in a way that permits approved institutions of higher 
        education and designated exchange visitor programs to use 
        existing software for the collection, storage, and data 
        processing of information described in paragraph (1) of this 
        subsection; and
          (B) use or enhance existing software for the collection, 
        storage, and data processing of information described in 
        paragraph (1) of this subsection.
  (d) Participation by Institutions of Higher Education and Exchange 
Visitor Programs.-- (1) The information described in subsection (c) of 
this section shall be provided by--
          (A) an approved institution of higher education as a 
        condition of the continued approval of the institution under 
        section 2310 or 2311 of this title; and
          (B) an approved institution of higher education or a 
        designated exchange visitor program as a condition of the 
        granting of authority to the institution or program to issue 
        documents to an alien demonstrating the alien's eligibility for 
        a visa under section 2310, 2311, or 2312 of this title.
  (2) If an approved institution of higher education or a designated 
exchange visitor program fails to provide the specified information, 
the approvals and authority to issue documents referred to in paragraph 
(1) of this subsection shall be revoked or denied.
  (e) Fees.--(1) An approved institution of higher education and a 
designated exchange visitor program shall charge and collect a fee in 
the amount the Attorney General establishes under paragraph (4) of this 
subsection from each alien--
          (A) who has the status of a nonimmigrant classified under 
        section 2310, 2311, or 2312 of this title (other than a 
        nonimmigrant classified under section 2312 who has come to the 
        United States as a participant in a program sponsored by the 
        Federal Government); and
          (B) for whom the institution or program is required by 
        subsection (b) of this section to collect information.
  (2) The institution or program shall collect the fee required under 
this subsection when--
          (A) the alien first registers with the institution or program 
        after entering the United States; or
          (B) in a case where a registration referred to in 
        subparagraph (A) of this paragraph does not exist, the alien 
        first begins activities in the United States with the 
        institution or program.
  (3) Each institution and program shall remit the fees collected under 
paragraph (1) of this subsection to the Attorney General under a 
schedule established by the Attorney General.
  (4)(A) The Attorney General shall establish the amount of the fee 
required under this subsection. The amount of the fee shall be based on 
the Attorney General's estimate of the cost per alien of carrying out 
the information collection program under this section. Except as 
provided in subsection (g)(3) of this section, the fee imposed on any 
individual may not be more than $100.
  (B) Fees collected under this subsection shall be deposited as 
offsetting receipts into the Immigration Examinations Fee Account 
established under section 346 of this title. The amounts deposited 
remain available until expended by the Attorney General to reimburse 
any appropriation by the amount paid from that appropriation for 
expenses in carrying out this section.
  (f) Report.--Not later than 4 years after the beginning of the 
information collection program under this section, the Attorney General 
and the Secretaries of State and Education shall jointly submit to the 
Committees on the Judiciary of the Senate and the House of 
Representatives a report on the operations of the program and the 
feasibility of expanding the program to cover the nationals of all 
countries.
  (g) Worldwide Expansion of Program.--(1) Not later than 6 months 
after the submission of the report required by subsection (f) of this 
section, the Attorney General, in consultation with the Secretaries of 
State and Education, shall begin expansion of the information 
collection program under this section to cover the nationals of all 
countries.
  (2) The expansion shall be completed not later than one year after 
the submission of the report required by subsection (f) of this 
section.
  (3) After the program has been expanded, the Attorney General may 
revise, on a periodic basis, the amount of the fee charged and 
collected under subsection (e) of this section to take into account 
changes in the cost of carrying out the program.
  (h) Deadline.--The information collection program under this section 
shall begin not later than January 1, 1998.
Sec. 2372. Transportation costs payable by employers of certain 
                    nonimmigrants
  (a) Nonimmigrants Classified Under Section 2313(a)(1) or (2) or 
2315(a)(1).--If the employer of an alien who has the status of a 
nonimmigrant classified under section 2313(a)(1) or (2) or 2315(a)(1) 
of this title dismisses the alien from employment before the end of the 
period of authorized admission, the employer is liable for the 
reasonable costs of return transportation of the alien.
  (b) Nonimmigrants Classified Under Section 2318  or 2319.--If the 
employment of an alien who is admitted to the United States as a 
nonimmigrant classified under section 2318 or 2319 of this title ends 
for reasons other than voluntary resignation, the employer whose offer 
of employment provided the basis of the nonimmigrant status of the 
alien and the petitioner are jointly and severally liable for the 
reasonable costs of return transportation of the alien. The petitioner 
shall provide satisfactory assurance to the Attorney General that the 
reasonable costs of that transportation will be provided.

               CHAPTER 25--TEMPORARY AGRICULTURAL WORKERS

Sec.
2501.  Definitions.
2502.  Certification requirements.
2503.  Applications for certification.
2504.  Conditions for issuing certifications.
2505.  Associations of agricultural producers.
2506.  Housing.
2507.  Expedited administrative review.
2508.  Disqualification of aliens for violating conditions of prior 
          admission.
2509.  Enforcement authority of the Secretary of Labor.
2510.  Endorsement of entry and exit documentation.
2511.  Preemption of state and local law.
2512.  Biennial reports.
2513.  Approval of regulations.
2514.  Authorization of appropriations.
Sec. 2501. Definitions
  In this chapter--
          (1) ``temporary agricultural worker'' means a nonimmigrant 
        classified under section 2314 of this title.
          (2) ``United States worker'' means an individual who is not 
        an unauthorized alien (as defined in section 11101 of this 
        title) with respect to particular employment.
Sec. 2502. Certification requirements
  (a) Requirements.--Before the Attorney General approves a petition 
filed under section 2314 of this title by a prospective employer of an 
alien to be employed as a temporary agricultural worker, the employer 
must apply to the Secretary of Labor for a certification that--
          (1) there are not sufficient United States workers who are 
        able, willing, and qualified, and who will be available at the 
        time and place needed, to perform the labor or services 
        described in the petition; and
          (2) employment of the alien to provide the labor or services 
        will not affect adversely the wages and working conditions of 
        United States workers similarly employed.
  (b) Regulations.--The Secretary shall maintain regulations based on 
the findings the Secretary was required to make under section 
218(c)(3)(B)(iii) of the Immigration and Nationality Act after 
considering the findings of the report mandated by section 403(a)(4)(D) 
of the Immigration Reform and Control Act of 1986 (Public Law 99-603, 
100 Stat. 3441) as well as other relevant materials, including evidence 
of benefits to United States workers and costs to employers, addressing 
the advisability of continuing a policy which requires an employer, as 
a condition for certification under this section, to continue to accept 
qualified, eligible United States workers for employment after the date 
temporary agricultural workers depart for work with the employer.
Sec. 2503. Applications for certification
  (a) Deadline for Filing.--The Secretary of Labor may not require that 
an application for a certification under section 2502 of this title be 
filed more than 60 days before the first date the employer requires the 
labor or services of a temporary agricultural worker.
  (b) Notice of Deficiencies.--If an application does not meet the 
conditions for issuing a certification (except the conditions specified 
by section 2502(a)(1) of this title), the Secretary shall--
          (1) notify the employer in writing not later than 7 days 
        after the application is filed, giving the reasons the 
        application does not meet the conditions; and
          (2) allow the employer to submit promptly an amended 
        application.
  (c) Fee.--The Secretary may prescribe by regulation a fee to cover 
the reasonable costs of processing an application for certification.
Sec. 2504. Conditions for issuing certifications
  Not later than 20 days before the labor or services of a temporary 
agricultural worker are first required, the Secretary of Labor shall 
issue a certification under section 2502 of this title if the following 
conditions are met:
          (1) The conditions specified by section 2502(a) of this title 
        are met.
          (2) The employer has complied with the requirements for 
        certification, including requirements the Secretary prescribes 
        for recruiting United States workers.
          (3) The Secretary concludes that the employer has made 
        positive recruitment efforts within a multi-state region of 
        traditional or expected labor supply in which the Secretary 
        finds there are a significant number of qualified United States 
        workers who, if recruited, would be willing to work at the time 
        and place needed. Positive recruitment under this paragraph is 
        in addition to, and shall be conducted within the same time 
        period as, the circulation of the employer's job offer through 
        the interstate employment service system. The requirement to 
        engage in positive recruitment ends on the date the temporary 
        agricultural workers depart for the employer's place of 
        employment.
          (4) The employer does not have, or has not been provided with 
        referrals of, qualified United States workers who have 
        indicated their availability to perform the labor or services 
        on the terms of a job offer meeting the Secretary's 
        requirements. In considering whether a specific qualification 
        in a job offer is appropriate, the Secretary shall apply the 
        normal and accepted qualifications required by employers not 
        employing temporary agricultural workers in the same or 
        comparable occupations and crops.
          (5) The employer has provided the Secretary with satisfactory 
        assurances that if the employment for which the certification 
        is sought is not covered by a state workers' compensation law, 
        the employer will provide, at no cost to the worker, insurance 
        covering injury and disease arising out of and during the 
        worker's employment that will provide benefits at least equal 
        to those provided under the state workers' compensation law for 
        comparable employment.
          (6) There is no strike or lockout during a labor dispute 
        that, under regulations prescribed by the Secretary, precludes 
        the certification.
          (7) The employer employed temporary agricultural workers 
        during the prior 2 years, and the Secretary, after notice and 
        an opportunity for a hearing, has not found that the employer 
        during that period substantially violated a material condition 
        of the certification related to the employment of nonimmigrant 
        or United States workers. The Secretary may decide not to 
        approve a certification for not more than 3 years for an 
        employer who commits a violation described in this paragraph.
Sec. 2505. Associations of agricultural producers
  (a) Permitted Filings.--An association of agricultural producers 
using agricultural services may file--
          (1) a petition under section 2314(b) of this title for an 
        alien to be employed as a temporary agricultural worker; and
          (2) an application for a certification under section 2502 of 
        this title.
  (b) Associations Acting as Employers.--If an association referred to 
in subsection (a) of this section is the joint or sole employer of a 
temporary agricultural worker, a certification issued under section 
2502 of this title to the association may be used for the certified job 
opportunities of any of the members of the association. The worker may 
be transferred among the members to perform agricultural services of a 
temporary or seasonal nature for which the certification was issued.
  (c) Effect of Violations.--(1) If a member of an association that is 
a joint employer of a temporary agricultural worker is found to have 
committed a violation that results in the Secretary of Labor deciding 
not to approve a certification of the member because the condition 
under section 2504(7) of this title has not been met, the decision 
applies only to that member unless the Secretary decides that the 
association or another member participated in, or knew or had reason to 
know of, the violation.
  (2) If an association that is a joint employer is found to have 
committed a violation that results in the Secretary deciding not to 
approve a certification of the association because the condition under 
section 2504(7) of this title has not been met, the decision applies 
only to the association unless the Secretary decides that a member 
participated in, or knew or had reason to know of, the violation.
  (3) If an association, certified as the sole employer of a temporary 
agricultural worker, is found to have committed a violation that 
results in the Secretary deciding not to approve a certification of the 
association because the condition under section 2504(7) of this title 
has not been met, a member of the association, during the period the 
decision is in effect, may not be the beneficiary of the services of 
temporary agricultural workers in the commodity and occupation in which 
the worker was employed by the association whose certification was not 
approved, unless the member employs the workers in the commodity and 
occupation directly or through an association that is a joint employer 
of the workers with the member.
Sec. 2506. Housing
  (a) Requirement.--An employer shall provide housing for temporary 
agricultural workers as provided by regulations prescribed by the 
Secretary of Labor.
  (b) Regulations.--(1) Regulations prescribed under this section shall 
allow the employer, at the employer's option, to provide housing 
meeting applicable standards of the Federal Government for temporary 
labor camps or to secure housing that meets applicable local standards 
for rental or public accommodations or other substantially similar 
class of habitation. In the absence of applicable local standards, 
state standards for those accommodations or that class of habitation 
shall apply. In the absence of applicable local and state standards, 
standards of the Government for temporary labor camps shall apply.
  (2) The regulations shall include specific requirements about housing 
for employees principally engaged in the range production of livestock.
  (3) When the prevailing practice in the area and occupation of 
intended employment is to provide family housing, the employer shall 
provide family housing to workers with families requesting it.
  (c) Exception.--This section does not require an employer to provide 
housing for workers not entitled to it under the temporary labor 
certification regulations in effect on June 1, 1986.
Sec. 2507. Expedited administrative review
  (a) Procedure for Expedited Review.--Regulations prescribed by the 
Secretary of Labor under this chapter shall provide for an expedited 
procedure for a review of a decision of the Secretary not to approve or 
to revoke a certification or, at the applicant's request, a new hearing 
on the decision.
  (b) Decisions on Availability of United States Workers.--(1) The 
Secretary shall make a new decision about an application for 
certification under section 2502 of this title expeditiously, but not 
later than 72 hours after the time the new decision is requested, if 
the certification originally was not approved in any part because of 
the availability of able, willing, and qualified United States workers 
and they are not available at the time the labor or services are 
needed.
  (2) An employer asserting that a United States worker referred to the 
employer is not able, willing, or qualified has the burden of proving 
that the worker is not able, willing, or qualified because of 
employment-related reasons.
Sec. 2508. Disqualification of aliens for violating conditions of prior 
                    admission
  An alien may not be admitted to the United States as a temporary 
agricultural worker if, during the prior 5 years, the alien was 
admitted as a temporary agricultural worker and violated a term of that 
admission.
Sec. 2509. Enforcement authority of the Secretary of Labor
  The Secretary of Labor may take actions necessary to ensure that 
employers comply with the terms of employment under this chapter, 
including--
          (1) imposing appropriate penalties; and
          (2) seeking appropriate equitable relief, including specific 
        performance of contractual obligations.
Sec. 2510. Endorsement of entry and exit documentation
  The Attorney General shall provide for the endorsement of entry and 
exit documentation of temporary agricultural workers necessary to carry 
out this chapter and to provide notice under chapter 111 of this title.
Sec. 2511. Preemption of state and local law
  This chapter and sections 2101 and 2314 of this title preempt state 
and local law regulating the admissibility of nonimmigrant workers.
Sec. 2512. Biennial reports
  (a) Reporting Requirement.--Not later than November 6 of each even-
numbered year, the President shall submit a report on the temporary 
agricultural worker program under this chapter to the Committees on the 
Judiciary of the Senate and the House of Representatives. The report 
shall include--
          (1) the number of temporary agricultural workers permitted to 
        be employed under the program in each year;
          (2) the compliance of employers and temporary agricultural 
        workers with the terms of the program;
          (3) the impact of the program on the labor needs of United 
        States agricultural employers and on the wages and working 
        conditions of United States agricultural workers; and
          (4) recommendations for changing the program, including--
                  (A) improving the timeliness of decisions about the 
                admission of temporary agricultural workers under the 
                program;
                  (B) removing any economic disincentive to hiring 
                United States workers for jobs for which temporary 
                agricultural workers have been requested;
                  (C) improving cooperation among government agencies, 
                employers, employer associations, workers, unions, and 
                other worker associations to end the dependence of any 
                industry on a constant supply of temporary agricultural 
                workers; and
                  (D) the relative benefits to United States workers 
                and burdens on employers of the policy of requiring 
                employers, as a condition for certification under the 
                program, to continue to accept qualified United States 
                workers for employment after the date the temporary 
                agricultural workers depart for work with the employer.
  (b) Recommendations Consistent With Policy.--The recommendations 
under subsection (a)(4)(D) of this section shall be made in furtherance 
of the policy that aliens be admitted as temporary agricultural workers 
only if the conditions specified by section 2502(a) of this title are 
satisfied.
Sec. 2513. Approval of regulations
  In consultation with the Secretaries of Labor and Agriculture, the 
Attorney General shall approve all regulations prescribed under this 
chapter and section 2314 of this title.
Sec. 2514. Authorization of appropriations
  (a) General Authorizations.--Necessary amounts may be appropriated 
each fiscal year to--
          (1) the Secretary of Labor to make findings and issue 
        certifications under this chapter and section 4104(g)(2) of 
        this title; and
          (2) the Secretary of Agriculture to carry out the Secretary's 
        duties and powers under section 2314 of this title related to 
        this chapter.
  (b) Specific Authorizations.--Not more than $10,000,000 may be 
appropriated each fiscal year--
          (1) to recruit United States workers for temporary labor and 
        services that otherwise might be performed by temporary 
        agricultural workers; and
          (2) to monitor the terms under which temporary agricultural 
        workers and United States workers employed by the same employer 
        are employed in the United States.

                     CHAPTER 27--ALIEN CREWMEMBERS

                          SUBCHAPTER I--GENERAL

Sec.
2701.  Providing lists.
2702.  Reports on unlawful landings.
2703.  Conditional permits to land temporarily.
2704.  Control of alien crewmembers.
2705.  Alien crewmembers afflicted with certain disabilities and 
          diseases.
2706.  Discharging alien crewmembers.

                      SUBCHAPTER II--LONGSHORE WORK

2721.  Definition and application.
2722.  General.
2723.  Prevailing practice.
2724.  Reciprocity.
2725.  Longshore work in Alaska.

                         SUBCHAPTER I--GENERAL

Sec. 2701. Providing lists
  (a) On Arrival.--Except as provided in subsection (c) of this 
section, when a vessel or aircraft arrives in the United States from a 
place outside the United States, the owner, agent, master, commanding 
officer, or consignee of the vessel or aircraft shall give an 
immigration officer at the port of arrival a list containing--
          (1)(A) the name and position of each alien crewmember on the 
        vessel or aircraft;
          (B) information on when and where each alien crewmember was 
        shipped or employed; and
          (C) the name of each alien crewmember who is to be paid off 
        or discharged in the port of arrival; or
          (2) information the Attorney General prescribes by 
        regulation.
  (b) On Departure.--Except as provided in subsection (c) of this 
section, before a vessel or aircraft departs from a port in the United 
States, the owner, agent, master, commanding officer, or consignee of 
the vessel or aircraft shall give an immigration officer at the port a 
list containing--
          (1) the name of each alien crewmember--
                  (A) not employed on the vessel or aircraft when it 
                arrived but who is leaving on the vessel or aircraft;
                  (B) paid off or discharged at the port; or
                  (C) who deserted or landed at the port; or
          (2) information the Attorney General prescribes by 
        regulation.
  (c) Exception.--The Attorney General shall prescribe when a list 
under this section shall be given for a vessel operating only on the 
Great Lakes, the Saint Lawrence River, and a connecting waterway.
  (d) Regulations on Arrival and Departure.--The Attorney General may 
prescribe by regulation when a vessel or aircraft is deemed under this 
chapter to be arriving in, or departing from, the United States or a 
port of the United States.
Sec. 2702. Reports on unlawful landings
  As soon as it is discovered that an alien crewmember has landed 
unlawfully in the United States from a vessel or aircraft, the owner, 
agent, master, commanding officer, or consignee of the vessel or 
aircraft shall--
          (1) report the unlawful landing in writing to an immigration 
        officer; and
          (2) give the immigration officer a description of the 
        crewmember and information likely to lead to taking the 
        crewmember into custody.
Sec. 2703. Conditional permits to land temporarily
  (a) General Requirement.--An alien crewmember may land temporarily in 
the United States only as provided under this section or section 
2705(b), 6121, or 6122 of this title.
  (b) Authority To Issue Permits.--Under regulations the Attorney 
General prescribes, an immigration officer may issue an alien 
crewmember a conditional permit to land temporarily in the United 
States if the officer finds, after inspection, that the crewmember--
          (1) is a nonimmigrant classified under section 2305 of this 
        title;
          (2) otherwise is admissible; and
          (3) has agreed to accept the permit.
  (c) Period of Validity.--A permit issued under subsection (b) of this 
section is valid for not more than--
          (1) the period (but not more than 29 days) that the vessel or 
        aircraft on which the alien crewmember arrived remains in port 
        if the immigration officer is satisfied the crewmember intends 
        to leave on that vessel or aircraft; or
          (2) 29 days if the immigration officer is satisfied the 
        crewmember intends to leave on another vessel or aircraft 
        within the period for which the crewmember is allowed to land.
  (d) Revocation.--(1) If an alien is issued a permit for a period 
under subsection (c)(1) of this section, and an immigration officer 
then decides the alien is not a crewmember or does not intend to leave 
on the vessel or aircraft on which the alien arrived, the immigration 
officer, under regulations prescribed by the Attorney General, may--
          (A) revoke the permit;
          (B) take the alien into custody; and
          (C) if practicable, require the master or commanding officer 
        of the vessel or aircraft on which the alien arrived to detain 
        the alien on the vessel or aircraft.
  (2) The owner of the vessel or aircraft on which an alien, detained 
under paragraph (1)(C) of this subsection, arrived in the United States 
shall pay the costs of detaining and removing the alien.
  (3) An alien detained under paragraph (1)(C) of this subsection is 
not entitled to a removal proceeding under section 6704 of this title.
Sec. 2704. Control of alien crewmembers
  (a) Detention and Removal.--The owner, agent, master, commanding 
officer, charterer, or consignee of a vessel or aircraft arriving in 
the United States from a place outside the United States shall--
          (1) detain an alien crewmember on the vessel, or, at the 
        expense of the aircraft owner, detain an alien crewmember of an 
        aircraft at a place an immigration officer designates, until--
                  (A) an immigration officer inspects, and a medical 
                officer examines, the alien crewmember; and
                  (B) the alien crewmember is--
                          (i) issued a conditional permit to land 
                        temporarily under section 2703(b) of this 
                        title; or
                          (ii) allowed to land temporarily under 
                        section 2705(b) or 6121 of this title for 
                        medical or hospital treatment; and
          (2) remove an alien crewmember if required by an immigration 
        officer, whether before or after the crewmember is allowed to 
        land temporarily under section 2703(b), 2705(b), or 6121 of 
        this title.
  (b) Proof of Failure To Detain or Remove.--Except as the Attorney 
General prescribes by regulation, proof that the name of an alien 
crewmember is not on the outgoing manifest of the vessel or aircraft on 
which the crewmember arrived in the United States from a place outside 
the United States, or that the master or commanding officer of the 
vessel or aircraft reported the crewmember as a deserter, is prima 
facie evidence of the failure to detain or remove the crewmember.
  (c) Removal on Another Vessel or Aircraft.--(1) If the Attorney 
General finds that removing an alien crewmember under this section on 
the vessel or aircraft on which the crewmember arrived is impracticable 
or will cause unreasonable hardship to the crewmember, the Attorney 
General may require the crewmember to be removed from any port on 
another vessel or aircraft of the same owner unless the Attorney 
General finds removal on such a vessel or aircraft to be impracticable. 
The owner of the vessel or aircraft on which the crewmember arrived 
shall pay the costs of removing the crewmember as required by this 
subsection, including the costs of transferring the crewmember within 
the United States under conditions the Attorney General prescribes. The 
vessel or aircraft may be cleared only after the costs are paid or the 
Attorney General is satisfied that payment is guaranteed.
  (2) A transfer under this subsection is not a landing under this 
title.
Sec. 2705. Alien crewmembers afflicted with certain disabilities and 
                    diseases
  (a) Employment Prohibitions.--An alien crewmember afflicted with 
feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a 
dangerous contagious disease may not be employed on a vessel or 
aircraft carrying passengers when the vessel or aircraft arrives in the 
United States from a place outside the United States.
  (b) Hospitalization and Observation.--An alien crewmember found on 
arrival at a port in the United States to be afflicted with feeble-
mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous 
contagious disease shall be treated in a hospital designated by the 
immigration officer in charge of the port. An alien crewmember 
suspected of being afflicted may be removed from the vessel or aircraft 
on which the alien crewmember arrived to an appropriate place for 
observation to enable an examining medical officer to decide whether 
the crewmember is afflicted.
  (c) Payment of Costs.--The owner, agent, master, commanding officer, 
or consignee of the vessel or aircraft on which the alien crewmember 
arrived shall pay all costs incurred under subsection (b) of this 
section, including burial if the crewmember dies. The costs may not be 
deducted from the wages of the crewmember. The vessel or aircraft may 
be cleared only after the costs are paid or payment is guaranteed and 
the Secretary of the Treasury is notified by the immigration officer in 
charge of the port.
  (d) Returning an Incurable Crewmember.--When the immigration officer 
in charge of the port is satisfied that a crewmember hospitalized under 
subsection (b) of this section cannot be cured within a reasonable 
time, the owner of the vessel or aircraft on which the crewmember 
arrived shall return the crewmember or pay the costs of returning the 
crewmember under conditions the Attorney General prescribes to ensure 
that the crewmember is cared for properly and the spread of contagious 
disease is prevented.
Sec. 2706. Discharging alien crewmembers
  A person may pay off or discharge an alien crewmember (except a 
crewmember lawfully admitted for permanent residence) employed on a 
vessel or aircraft arriving in the United States only with the consent 
of the Attorney General.

                     SUBCHAPTER II--LONGSHORE WORK

Sec. 2721. Definition and application
  (a) Definition.--In this subchapter, ``longshore work''--
          (1) means an activity in the United States or the coastal 
        waters of the United States related to--
                  (A) loading or unloading cargo of a vessel, whether 
                or not integral to the vessel;
                  (B) operating cargo-related equipment; and
                  (C) handling mooring lines on the dock when the 
                vessel is made fast or let go; but
          (2) does not include loading or unloading cargo for which the 
        Secretary of Transportation has prescribed regulations under 
        section 311 of the Federal Water Pollution Control Act (33 
        U.S.C. 1321), chapter 37 of title 46, section 5103(b), 5104, 
        5106, 5107, or 5110 of title 49, or section 4106 of the Oil 
        Pollution Act of 1990 (Public Law 101-380, 104 Stat. 513) on--
                  (A) handling or stowing that cargo;
                  (B) manning, and the duties, qualifications, and 
                training of the officers and crewmembers of, vessels 
                transporting that cargo; and
                  (C) reducing or eliminating discharge during 
                ballasting, tank cleaning, or handling of that cargo.
  (b) Application.--This subchapter and section 10118 of this title do 
not affect--
          (1) the meaning or scope of longshore work under another 
        provision of law, a collective bargaining agreement, or an 
        international agreement; or
          (2) the performance of longshore work by nationals of the 
        United States.
Sec. 2722. General
  An alien crewmember may perform longshore work only as provided in 
section 2723, 2724, or 2725 of this title.
Sec. 2723. Prevailing practice
  (a) General.--(1) An alien crewmember performing a particular 
activity of longshore work in or around a port is serving in a capacity 
required for normal operation and service on a vessel under section 
2305(a) of this title if--
          (A) each collective bargaining agreement for that port 
        covering at least 30 percent of the employees performing 
        longshore work allows that activity to be performed by alien 
        crewmembers; or
          (B)(i) there is no collective bargaining agreement for the 
        port covering at least 30 percent of the employees performing 
        longshore work; and
          (ii) except as provided in paragraph (2) of this subsection, 
        an employer of the alien crewmember or the employer's 
        designated representative files an attestation described in 
        subsection (b)(1) of this section with the Secretary of Labor 
        at least 14 days before the date the activity will be performed 
        or, if necessary because of an unanticipated emergency, not 
        later than the date the activity will be performed.
  (2) An employer must file an attestation under paragraph (1)(B)(ii) 
of this subsection for a particular activity of longshore work 
involving the use of an automated self-loading conveyor belt or vacuum-
actuated system on a vessel only if the Secretary finds under 
subsection (f)(2) of this section that the particular activity of 
longshore work is not an activity described in subsection (b)(1)(A) of 
this section.
  (b) Attestation Requirements.--(1) The attestation filed with the 
Secretary under subsection (a) of this section shall provide evidence 
that--
          (A) the performance of the particular activity of longshore 
        work by an alien crewmember is allowed under the prevailing 
        practice at the port at the time of the filing and that the 
        alien crewmember is not being employed for that activity--
                  (i) during a strike or lockout in a labor dispute; or
                  (ii) to influence an election of a bargaining 
                representative for employees in the port; and
          (B) the owner, agent, master, commanding officer, or 
        consignee has given notice of the attestation--
                  (i) to the bargaining representative of longshore 
                workers at the port; or
                  (ii) if there is no bargaining representative, to the 
                longshore workers employed at the port.
  (2) An attestation--
          (A) expires at the end of the one-year period beginning on 
        the date it is filed under subsection (a) of this section; and
          (B) applies to alien crewmembers arriving in the United 
        States during that period if the owner, agent, master, 
        commanding officer, or consignee states in each list provided 
        under section 2701 of this title that the employer continues to 
        comply with the conditions in the attestation.
  (3) An owner, agent, master, commanding officer, or consignee may 
provide a single list under section 2701 of this title to meet the 
requirements of paragraph (2)(B) of this subsection for more than one 
alien crewmember.
  (c) Public Information.--The Secretary shall compile and make 
available for public examination in a timely way in the District of 
Columbia--
          (1) information identifying each owner, agent, master, 
        commanding officer, and consignee that has filed a list under 
        section 2701 of this title for an alien crewmember classified 
        as a nonimmigrant under section 2305(a) of this title for whom 
        an attestation under subsection (a) of this section or section 
        2725(b) of this title is filed; and
          (2) for each employer a copy of--
                  (A) the attestation and accompanying documentation; 
                and
                  (B) each list filed for the employer under section 
                2701 of this title and described in clause (1) of this 
                subsection.
  (d) Complaints.--(1) Any aggrieved person, including a bargaining 
representative, association the Secretary decides is appropriate, or 
other aggrieved person as provided under regulations of the Secretary, 
may file a complaint--
          (A) about an employer's failure to meet conditions stated in 
        an attestation filed under subsection (a) of this section;
          (B) about an employer's misrepresentation of a material fact 
        in the attestation; or
          (C) for longshore work described in subsection (a)(2) of this 
        section, that the particular activity of longshore work is not 
        an activity described in subsection (b)(1)(A) of this section.
  (2) The Secretary shall establish a procedure for receiving, 
investigating, and disposing of complaints filed under this subsection. 
The Secretary shall conduct an investigation under this subsection 
promptly if there is reasonable cause to believe the allegations of the 
complaint.
  (3)(A) If the Secretary decides that reasonable cause exists to 
conduct an investigation about a complaint filed under paragraph (1)(A) 
or (B) of this subsection, the person making the complaint may request 
that the employer stop, during the hearing procedure under subsection 
(e) of this section, the particular activity of longshore work attested 
to by the employer. The employer shall be notified of the request and 
shall respond not later than 14 days after receiving the notice.
  (B) If the Secretary makes an initial decision that the complaint is 
supported by a preponderance of the evidence submitted, the Secretary 
immediately shall require that the employer stop that activity until 
after the hearing procedure under subsection (e) of this section.
  (4)(A) If the Secretary decides that reasonable cause exists to 
conduct an investigation about a complaint under paragraph (1)(C) of 
this subsection, the person making the complaint may request that the 
employer stop, during the hearing procedure under subsection (e) of 
this section, the particular activity of longshore work involved in the 
complaint unless the employer files an attestation with the Secretary 
under subsection (a) of this section. The employer shall be notified of 
the request and shall respond not later than 14 days after receiving 
the notice.
  (B) If the Secretary makes an initial decision that the complaint is 
supported by a preponderance of the evidence submitted, the Secretary 
immediately shall require that the employer stop that activity until 
after the hearing procedure under subsection (e) of this section, 
unless the employer files an attestation under subsection (a) of this 
section.
  (e) Proceedings.--Not later than 180 days after a complaint is filed 
under subsection (d) of this section, or later for good cause shown, 
the Secretary shall decide whether a basis exists to make a finding 
described in subsection (f) of this section. The Secretary shall give 
interested persons notice of that decision and an opportunity for a 
hearing on the complaint not later than 60 days after making the 
decision.
  (f) Findings.--(1)(A) If, after notice and an opportunity for a 
hearing under subsection (e) of this section, the Secretary finds that 
an employer has failed to meet a condition, or has misrepresented a 
material fact, in an attestation filed under subsection (a) of this 
section, the Secretary--
          (i) shall notify the Attorney General of the finding; and
          (ii) may impose other administrative remedies, including a 
        civil penalty under section 10118 of this title, the Secretary 
        decides are appropriate.
  (B) When the Attorney General receives notice under this paragraph, 
the Attorney General shall deny any vessel owned or chartered by the 
employer entry to a port of the United States for not more than one 
year.
  (2) For longshore work described in subsection (a)(2) of this 
section, if the Secretary finds, after notice and an opportunity for a 
hearing under subsection (e) of this section and based on a 
preponderance of the evidence submitted by any interested person, that 
the particular activity of longshore work is not an activity described 
in subsection (b)(1)(A) of this section--
          (A) the Secretary shall notify the Attorney General of the 
        finding; and
          (B) the employer shall file an attestation under subsection 
        (a) of this section for that activity.
  (3) When the Secretary finds that an alien crewmember is not allowed 
to perform a particular activity of longshore work under the prevailing 
practice at a port, another attestation under subsection (a) of this 
section about that activity in that port may not be filed for one year.
  (g) Longshore Work in Alaska.--Except as provided in section 2725(c) 
of this title, this section does not apply to longshore work performed 
in Alaska.
Sec. 2724. Reciprocity
  (a) Definition.--In this section, ``practice'' means an activity 
normally performed in a foreign country during the one-year period 
before a vessel arrives in the United States or the coastal waters of 
the United States.
  (b) General.--(1) An alien crewmember performing a particular 
activity of longshore work in or about a port is serving in a capacity 
required for normal operation and service on a vessel under section 
2305(a) of this title, and the Attorney General shall allow an alien 
crewmember on a vessel to perform a particular activity of longshore 
work, if--
          (A) that vessel is registered in a foreign country that by 
        law, regulation, or practice does not prohibit that activity by 
        crewmembers on United States vessels; and
          (B) nationals of a foreign country that, by law, regulation, 
        or practice does not prohibit that activity by crewmembers on 
        United States vessels, hold a majority ownership interest in 
        that vessel.
  (2) The Secretary of State shall compile and annually maintain, under 
section 553 of title 5, a list, by particular activity of longshore 
work, of foreign countries in which crewmembers on United States 
vessels are prohibited by law, regulation, or practice from performing 
a particular activity of longshore work.
Sec. 2725. Longshore work in Alaska
  (a) Definitions.--In this section--
          (1) ``contract stevedoring companies'' means those 
        stevedoring companies licensed to do business in Alaska that 
        meet the requirements of section 32 of the Longshore and Harbor 
        Workers' Compensation Act (33 U.S.C. 932).
          (2) ``employer'' includes any agent or representative 
        designated by the employer.
  (b) General.--(1) An alien crewmember performing a particular 
activity of longshore work at a particular location in Alaska is 
serving in a capacity required for normal operation and service on a 
vessel under section 2305(a) of this title if an employer of the alien 
crewmember files an attestation with the Secretary of Labor at least 30 
days before the date the activity will be performed or at least 24 
hours before the activity will be performed if the employer shows that 
the employer reasonably could not have anticipated the need to file an 
attestation for that location at that time.
  (2) The attestation filed under paragraph (1) of this subsection 
shall provide evidence that--
          (A) the employer will request from the parties to whom notice 
        has been given under clause (D)(ii) and (iii) of this paragraph 
        United States longshore workers who, under industry standards 
        in Alaska, including safety considerations, are qualified and 
        available in sufficient numbers to perform the activity at the 
        particular time and location, except that--
                  (i) when 2 or more contract stevedoring companies 
                have signed a joint collective bargaining agreement 
                with a single labor organization described in clause 
                (D)(i) of this paragraph, the employer may request 
                longshore workers from only one of those companies; and
                  (ii) a request to a private dock operator for 
                longshore workers may be made only for longshore work 
                to be performed at that dock and only if the operator 
                meets the requirements of section 32 of the Longshore 
                and Harbor Workers' Compensation Act (33 U.S.C. 932);
          (B) the employer will employ all those United States 
        longshore workers made available under clause (A) of this 
        paragraph who, under industry standards in Alaska, including 
        safety considerations, are qualified and available in 
        sufficient numbers and who are needed to perform the longshore 
        activity at the particular time and location;
          (C) using alien crewmembers for that activity is not intended 
        or designed to influence an election of a bargaining 
        representative for workers in Alaska; and
          (D) the employer has given notice of the attestation--
                  (i) to labor organizations recognized as exclusive 
                bargaining representatives of United States longshore 
                workers within the meaning of the National Labor 
                Relations Act (29 U.S.C. 151 et seq.) and that make, or 
                intend to make, workers available at the particular 
                location where the longshore work is to be performed;
                  (ii) to contract stevedoring companies that employ or 
                intend to employ United States longshore workers at the 
                location; and
                  (iii) to operators of private docks at which the 
                employer will use longshore workers.
  (3)(A) During the period that an attestation an employer files under 
paragraph (1) of this subsection is valid, the employer must request 
and employ United States longshore workers as provided under paragraph 
(2) before using alien crewmembers to perform the activity specified in 
the attestation. However, an employer is not required to request United 
States longshore workers from a person who has given the employer 
written notice that the person does not intend to make United States 
longshore workers available at the particular location where the 
longshore work is to be performed.
  (B) If a person that provided notice under subparagraph (A) of this 
paragraph later gives the employer written notice that the person is 
prepared to make available United States longshore workers who, under 
industry standards in Alaska, including safety considerations, are 
qualified and available in sufficient numbers to perform the longshore 
activity at the particular location where the longshore work is to be 
performed, the obligation of the employer to that person under 
paragraph (2)(A) and (B) of this subsection begins 60 days after the 
date the notice was given under this clause.
  (4)(A) An employer filing an attestation under paragraph (1) of this 
subsection is not required--
          (i) to hire less than a full work unit of United States 
        longshore workers needed to perform the longshore activity;
          (ii) to provide overnight accommodations for the longshore 
        workers while employed; or
          (iii) to provide transportation to the particular location 
        where the longshore activity will be performed, except where--
                  (I) surface transportation is available;
                  (II) that transportation may be accomplished safely;
                  (III) travel time to the vessel is not more than one-
                half hour each way; and
                  (IV) travel distance to the vessel from the point of 
                embarkation is not more than 5 miles.
  (B) In the case of Wide Bay, Alaska, and Klawock/Craig, Alaska, the 
travel time and distance described in clause (A)(iii) of this paragraph 
are extended to 45 minutes and 7.5 miles, respectively, unless the 
person responding to the request for longshore workers agrees to the 
lesser time and distance limitations described in clause (A)(iii).
  (5) Except as provided in section 2723(c)-(e) of this title, an 
attestation filed under paragraph (1) of this subsection--
          (A) expires at the end of the one-year period beginning on 
        the date specified in the attestation that the employer 
        anticipates the longshore work will begin; and
          (B) applies to alien crewmembers arriving in the United 
        States during that period if the owner, agent, master, 
        commanding officer, or consignee states in each list provided 
        under section 2701 of this title that the employer continues to 
        comply with the conditions in the attestation.
  (c) Application of Section 2723.--(1) Except as provided in paragraph 
(2) of this subsection, section 2723(b)(3)-(f)(2) of this title applies 
to an attestation filed under subsection (b)(1) of this section.
  (2) Section 2723 of this title applies to the use of alien 
crewmembers to perform longshore work in Alaska involving the use of an 
automated self-loading conveyor belt or vacuum-actuated system on a 
vessel.
  (d) Regulations.--The Secretary shall prescribe regulations necessary 
to carry out this section.

           CHAPTER 29--FACILITIES EMPLOYING REGISTERED NURSES

2901.  Definition.
2902.  Attestation requirements.
2903.  State plans.
2904.  Public availability of information.
2905.  Complaints, investigations, and penalties.
Sec. 2901. Definition
  In this chapter, ``facility'' includes an employer that employs 
registered nurses in a home setting.
Sec. 2902. Attestation requirements
  (a) General.--Except as provided in subsection (b) of this section, a 
facility seeking to employ a nonimmigrant registered nurse under 
section 2325 of this title must file with the Secretary of Labor an 
attestation stating the following:
          (1) A substantial disruption in the delivery of health care 
        services of the facility would occur through no fault of the 
        facility without the services of a nonimmigrant registered 
        nurse.
          (2) Employment of a nonimmigrant registered nurse will not 
        adversely affect the wages and working conditions of other 
        registered nurses similarly employed.
          (3) A nonimmigrant registered nurse employed by the facility 
        will be paid at the wage rate paid for other registered nurses 
        similarly employed by the facility.
          (4) The facility--
                  (A) has taken and is taking timely and significant 
                steps to recruit and retain sufficient registered 
                nurses who are citizens of the United States or 
                immigrants authorized to perform nursing services, to 
                remove as quickly as reasonably possible the dependence 
                of the facility on nonimmigrant registered nurses; or
                  (B) is subject to a state plan for the recruitment 
                and retention of nurses approved under section 2903 of 
                this title.
          (5) There is no strike or lockout in the course of a labor 
        dispute, and the employment of nonimmigrant registered nurses 
        is not intended or designed to influence an election for a 
        bargaining representative for registered nurses of the 
        facility.
          (6) At the time of filing the petition under section 2325(c) 
        of this title, the facility has given notice of the filing to 
        the bargaining representative of the registered nurses employed 
        by the facility or, if there is no bargaining representative, 
        to the registered nurses employed by the facility by posting 
        the notice in conspicuous locations.
  (b) Waivers.--For a nonimmigrant registered nurse performing services 
at a worksite (except at the employer's worksite or at a worksite 
controlled by the employer) and for whom the employer has filed an 
attestation under subsection (a) of this section, the Secretary may 
waive the requirement to file an attestation for the worksite as may be 
appropriate--
          (1) to avoid duplicative attestations;
          (2) in temporary, emergency situations;
          (3) for information the attestor does not know; or
          (4) for other good cause.
  (c) Fault if Facility Has Laid Off Nurses.--A facility does not meet 
subsection (a)(1) of this section if the facility has laid off 
registered nurses within the prior year. However, a facility that lays 
off a registered nurse (except a staff nurse) meets subsection (a)(1) 
if the facility has attested that it will not replace the nurse with a 
nonimmigrant registered nurse described in section 2325(b) of this 
title (either through promotion or otherwise) for one year after the 
date of the layoff.
  (d) Significant Steps To Recruit and Retain Nurses.--(1) Each of the 
following is a significant step reasonably designed to recruit and 
retain registered nurses meeting the requirement of subsection 
(a)(4)(A) of this section:
          (A) operating a training program for registered nurses at the 
        facility or financing (or providing participation in) a 
        training program for registered nurses elsewhere.
          (B) providing career development programs and other methods 
        of facilitating health care workers to become registered 
        nurses.
          (C) paying registered nurses at a rate higher than that 
        currently being paid to registered nurses similarly employed in 
        the geographic area.
          (D) providing adequate support services to free registered 
        nurses from administrative and other non-nursing duties.
          (E) providing reasonable opportunities for meaningful salary 
        advancement by registered nurses.
  (2) Paragraph (1) of this subsection is not an exclusive list of the 
steps that may be taken to meet the requirement of subsection (a)(4)(A) 
of this section. A facility is not required to take more than one step 
if the facility can demonstrate that taking an additional step is not 
reasonable.
  (e) Effectiveness of Attestation.--(1) Subject to section 2905 of 
this title, an attestation under subsection (a) of this section--
          (A) expires at the end of the one-year period beginning on 
        the date the attestation is filed with the Secretary; and
          (B) applies to petitions filed during that one-year period if 
        the facility states in each petition filed under section 
        2325(c) of this title that it continues to comply with the 
        conditions in the attestation.
  (2) A facility may file a single petition to meet the requirements of 
this section for more than one registered nurse.
Sec. 2903. State plans
  The Secretary of Labor shall provide for a procedure under which a 
State may submit to the Secretary of Labor a plan for the recruitment 
and retention of citizens of the United States and immigrants 
authorized to perform nursing services as registered nurses in 
facilities in the State. A plan may include counseling and educating 
health workers and other individuals about employment opportunities 
available to registered nurses. Annually in consultation with the 
Secretary of Health and Human Services, the Secretary of Labor shall 
provide for approving or disapproving the state plan as provided in 
section 2902(a)(4)(B) of this title. A plan may be approved in regard 
to a facility only if the plan provides for taking significant steps 
described in section 2902(a)(4)(A) of this title to recruit and retain 
registered nurses at that facility.
Sec. 2904. Public availability of information
  The Secretary of Labor shall compile and make available for public 
examination in a timely manner in the District of Columbia--
          (1) a list of facilities that have filed petitions to employ 
        nonimmigrant registered nurses described in section 2325(b) of 
        this title; and
          (2) for each facility, a copy of the petitions, attestations, 
        and accompanying documentation filed by each facility.
Sec. 2905. Complaints, investigations, and penalties
  (a) Complaints and Investigations.--(1) The Secretary of Labor shall 
establish a procedure for receiving, investigating, and disposing of 
complaints filed about a facility's failure to satisfy a condition 
attested to, or a facility's misrepresentation of a material fact, in 
an attestation.
  (2) Any person aggrieved by a facility's failure to satisfy a 
condition attested to, or a facility's misrepresentation of a material 
fact, in an attestation under section 2902(a) of this title, including 
a bargaining representative, association the Secretary decides is 
appropriate, or other person the Secretary decides by regulation is 
aggrieved, may file a complaint with the Secretary. The Secretary shall 
conduct an investigation if there is reasonable cause to believe that 
the facility does not meet a condition attested to.
  (3) Not later than 180 days after a complaint is filed, the Secretary 
shall decide whether a basis exists to make a finding described in 
subsection (b) of this section. If the Secretary decides that a basis 
exists, the Secretary shall give notice of that decision to the 
interested parties and an opportunity for a hearing on the complaint 
not later than 60 days after making the decision.
  (b) Findings and Penalties.--(1) If the Secretary finds, after notice 
and an opportunity for a hearing, that a facility has failed to satisfy 
a condition attested to or has misrepresented a material fact in an 
attestation, the Secretary--
          (A) shall notify the Attorney General of the finding;
          (B) may impose other administrative remedies, including a 
        civil penalty of not more than $1,000 for each violation; and
          (C) if the facility has not paid the prevailing wage as 
        attested to under section 2902(a)(3) of this title, shall order 
        the facility to pay an amount of back pay necessary to comply 
        with section 2902(a)(3).
  (2) For at least one year after receiving notice under paragraph 
(1)(A) of this subsection, the Attorney General may not approve a 
petition filed under subsection 2325(c) of this title by that facility 
for the employment of a nonimmigrant registered nurse.

                           PART B--IMMIGRANTS

                   CHAPTER 41--NUMERICAL LIMITATIONS

Sec.
4101.  General requirements.
4102.  Annual worldwide numerical limitations.
4103.  Visa allocation for family-sponsored immigrants.
4104.  Visa allocation for employment-based immigrants.
4105.  Visa allocation for diversity immigrants.
4106.  Availability of visas for special immigrants having honorable 
          military service.
4107.  Status of spouses and children.
4108.  Estimating number of visas to be issued.
4109.  Pilot program.
4110.  Numerical limitations on individual foreign countries.
4111.  Charging immigrants to foreign countries.
4112.  Burden of proof.
Sec. 4101. General requirements
  Except for aliens described in section 4102(d) of this title, an 
alien may be issued an immigrant visa or otherwise acquire the status 
of an alien lawfully admitted for permanent residence only if--
          (1)(A) the alien is a family-sponsored immigrant described in 
        section 4103(b)-(e) of this title or admitted under section 
        4311(a)(1) of this title because a visa previously was issued 
        to the accompanying parent under section 4103(b)-(e); and
          (B) the numerical limitations of section 4102(a)(1) of this 
        title are not exceeded;
          (2)(A) the alien is an employment-based immigrant described 
        in section 4104(b)-(f) of this title or admitted under section 
        4311(a)(1) of this title because a visa previously was issued 
        to the accompanying parent under section 4104(b)-(f); and
          (B) the numerical limitations of section 4102(b)(1) of this 
        title are not exceeded; or
          (3)(A) the alien is a diversity immigrant described in 
        section 4105(c) and (h) of this title or admitted under section 
        4311(a)(1) of this title because a visa previously was issued 
        to the accompanying parent under section 4105(c) and (h); and
          (B) the numerical limitations of section 4102(c)(1) of this 
        title are not exceeded.
Sec. 4102. Annual worldwide numerical limitations
  (a) Family-Sponsored Immigrants.--(1) The worldwide numerical 
limitation for family-sponsored immigrants for a fiscal year is the 
greater of--
          (A)(i) 480,000; minus
          (ii) the sum of--
                  (I) the number of aliens described in subsection 
                (d)(6)-(8) of this section issued immigrant visas or 
                who otherwise acquire the status of an alien lawfully 
                admitted for permanent residence in the prior fiscal 
                year; and
                  (II) for fiscal years beginning after September 30, 
                1998, the number of aliens paroled into the United 
                States under section 6121 of this title in the 2d prior 
                fiscal year who do not depart from the United States 
                (without advance parole) within 365 days and who do not 
                acquire the status of an alien lawfully admitted for 
                permanent residence in the 2 prior fiscal years or 
                acquire that status in those years under a provision of 
                law (except subsection (d) of this section) that 
                exempts the adjustment from the numerical limitation on 
                the worldwide level of immigration under this section; 
                plus
          (iii) any difference between the maximum number of 
        employment-based immigrant visas that could have been issued 
        and the number that were issued during the prior fiscal year; 
        or
          (B) 226,000.
  (2) In each of the first 3 quarters of a fiscal year, the number of 
aliens issued visas and otherwise becoming aliens lawfully admitted for 
permanent residence as family-sponsored immigrants may not be more than 
27 percent of the numerical limitation computed under paragraph (1) of 
this subsection for that fiscal year.
  (3) An alien paroled into the United States under section 6121 of 
this title in the 2d prior fiscal year who does not depart from the 
United States (without advance parole) within 365 days and who does not 
acquire the status of an alien lawfully admitted for permanent 
residence in the 2 prior fiscal years but who subsequently is admitted 
as an alien lawfully admitted for permanent residence may not again be 
considered for purposes of paragraph (1) of this subsection.
  (b) Employment-Based Immigrants.--(1) The worldwide numerical 
limitation for employment-based immigrants for a fiscal year is--
          (A) not more than 140,000; plus
          (B) any difference between the maximum number of family-
        sponsored immigrant visas that could have been issued and the 
        number that were issued during the prior fiscal year.
  (2) In each of the first 3 quarters of a fiscal year, the number of 
aliens issued visas and otherwise becoming aliens lawfully admitted for 
permanent residence as employment-based immigrants may not be more than 
27 percent of the numerical limitation computed under paragraph (1) of 
this subsection for that fiscal year.
  (c) Diversity Immigrants.--(1) The worldwide numerical limitation for 
diversity immigrants for a fiscal year is 55,000.
  (2) In each of the first 3 quarters of a fiscal year, the number of 
aliens issued visas and otherwise becoming aliens lawfully admitted for 
permanent residence as diversity immigrants may not be more than 27 
percent of the numerical limitation computed under paragraph (1) of 
this subsection for that fiscal year.
  (d) Nonapplication.--The numerical limitations of this section do not 
apply to--
          (1) a special immigrant as defined in section 133(a)(1) or 
        (2) of this title;
          (2) an alien admitted under section 5105 of this title or 
        whose status is adjusted under section 5107 of this title;
          (3) an alien who becomes lawfully admitted for permanent 
        residence under chapter 93 of this title or section 210 of the 
        Immigration and Nationality Act;
          (4) an alien whose removal is canceled under section 6721(a) 
        of this title;
          (5) an alien whose status is adjusted to that of an alien 
        lawfully admitted for permanent residence under section 9104(a) 
        of this title;
          (6) an immediate relative;
          (7) an alien admitted under section 4311(a)(1) of this title 
        because the accompanying parent is an immediate relative 
        previously issued a visa; and
          (8) an alien born to an alien lawfully admitted for permanent 
        residence during a temporary visit outside the United States.
Sec. 4103. Visa allocation for family-sponsored immigrants
  (a) General.--Aliens subject to the worldwide numerical limitation of 
section 4102(a)(1) of this title for qualified family-sponsored 
immigrants shall be allocated visas each fiscal year as provided in 
this section.
  (b) Unmarried Sons and Daughters of Citizens.--Not more than 23,400 
visas, plus visas not required under subsection (e) of this section, 
shall be made available to unmarried sons and unmarried daughters of 
citizens of the United States.
  (c) Families of Aliens Lawfully Admitted for Permanent Residence.--
(1) Not more than 114,200 visas, plus the number by which the worldwide 
numerical limitation is more than 226,000, plus visas not required 
under subsection (b) of this section, shall be made available to--
          (A) spouses and children of aliens lawfully admitted for 
        permanent residence; and
          (B) unmarried sons and unmarried daughters (who are no longer 
        children) of aliens lawfully admitted for permanent residence.
  (2) At least 77 percent of visas made available under this subsection 
shall be made available to those spouses and children.
  (d) Married Sons and Daughters of Citizens.--Not more than 23,400 
visas, plus visas not required under subsections (b) and (c) of this 
section, shall be made available to married sons and married daughters 
of citizens of the United States.
  (e) Brothers and Sisters of Citizens.--Not more than 65,000 visas, 
plus visas not required under subsections (b)-(d) of this section, 
shall be made available to brothers and sisters of citizens of the 
United States if the citizens are at least 21 years of age.
Sec. 4104. Visa allocation for employment-based immigrants
  (a) General.--Aliens subject to the worldwide numerical limitation of 
section 4102(b)(1) of this title for qualified employment-based 
immigrants shall be allocated visas each fiscal year as provided in 
this section.
  (b) Priority Workers.--(1) A number of visas equal to not more than 
28.6 percent of the worldwide numerical limitation of section 
4102(b)(1) of this title, plus visas not required under subsections (e) 
and (f) of this section, shall be made available to the following 
aliens:
          (A) A qualified immigrant--
                  (i) having extraordinary ability in the sciences, 
                arts, education, business, or athletics that has been 
                demonstrated by sustained national or international 
                acclaim;
                  (ii) whose achievements have been recognized in the 
                field through extensive documentation;
                  (iii) who is coming to the United States to continue 
                work in the area of extraordinary ability; and
                  (iv) whose entry will benefit the United States 
                substantially in the future.
          (B) A qualified immigrant--
                  (i) recognized internationally as outstanding in a 
                specific academic area;
                  (ii) with at least 3 years of teaching or research 
                experience in the academic area; and
                  (iii) who is coming to the United States for a 
                tenured (or tenure-track) position in a university or 
                institution of higher education to teach in the 
                academic area, for a comparable position with a 
                university or institute of higher education to conduct 
                research in the area, or for a comparable position to 
                conduct research in the area with a department, 
                division, or institute of a private employer that 
                employs at least 3 individuals full-time in research 
                activities and has achieved documented accomplishments 
                in an academic field.
          (C) A qualified immigrant--
                  (i) who, in the 3 years prior to the application for 
                classification and admission to the United States under 
                this paragraph, has been employed for at least one year 
                by a firm, corporation, or other legal entity or an 
                affiliate or subsidiary of the firm, corporation, or 
                entity; and
                  (ii) who is coming to the United States to continue 
                to provide services to the same employer, or an 
                affiliate or subsidiary of the employer, in a 
                managerial or executive capacity.
  (2) In applying paragraph (1)(C) of this subsection, a partnership or 
similar organization organized outside the United States to provide 
accounting services is deemed to be an affiliate of a partnership 
organized in the United States to provide accounting services if--
          (A) the partnership or similar organization organized outside 
        the United States markets its accounting services under an 
        internationally recognized name under an agreement with a 
        worldwide coordinating organization owned and controlled by the 
        member accounting firms of which the United States partnership 
        is also a member; and
          (B) the United States partnership markets its accounting 
        services under the same internationally recognized name under 
        an agreement with the worldwide coordinating organization.
  (c) Members of the Professions Holding Advanced Degrees or Aliens of 
Exceptional Ability.--(1) A number of visas equal to not more than 28.6 
percent of the worldwide numerical limitation of section 4102(b)(1) of 
this title, plus visas not required under subsection (b) of this 
section, shall be made available to qualified immigrants--
          (A) who are members of the professions holding advanced 
        degrees or their equivalent or who because of their exceptional 
        ability in the sciences, arts, or business will benefit 
        substantially the economy, cultural or educational interests, 
        or welfare of the United States in the future; and
          (B) whose services in the sciences, arts, professions, or 
        business are sought by an employer in the United States.
  (2) When the Attorney General considers it to be in the interest of 
the United States, the Attorney General may waive the requirement of 
paragraph (1) of this subsection that an alien's services in the 
sciences, arts, professions, or business be sought by an employer in 
the United States.
  (3) Possession of a degree, diploma, certificate, or similar award 
from an institution of learning, a license to practice, or 
certification for a profession or occupation is not sufficient evidence 
by itself under paragraph (1) of this subsection that an immigrant has 
exceptional ability.
  (d) Skilled Workers, Professionals, and Other Workers.--(1) Except as 
provided in paragraph (2) of this subsection, a number of visas equal 
to not more than 28.6 percent of the worldwide numerical limitation of 
section 4102(b)(1) of this title, plus visas not required under 
subsections (b) and (c) of this section, shall be made available to the 
following aliens not described in subsection (c)(1) of this section:
          (A) A qualified immigrant who is capable, at the time a 
        petition is filed for classification under this subsection, of 
        performing skilled labor requiring at least 2 years training or 
        experience, that is not temporary or seasonal, and for which 
        qualified workers are not available in the United States.
          (B) A qualified immigrant who holds a baccalaureate degree 
        and is a member of a profession.
          (C) A qualified immigrant capable, when petitioning for 
        classification under this subsection, of performing unskilled 
        labor that is not temporary or seasonal and for which qualified 
        workers are not available in the United States.
  (2) Not more than 10,000 of the visas made available under this 
subsection in a fiscal year are available for immigrants described in 
paragraph (1)(C) of this subsection.
  (3) An alien may be issued an immigrant visa under this subsection 
only if the consular officer has received the decision and 
certification of the Secretary of Labor under subsection (g)(2) of this 
section.
  (e) Certain Special Immigrants.--A number of visas equal to not more 
than 7.1 percent of the worldwide numerical limitation of section 
4102(b)(1) of this title shall be made available to qualified special 
immigrants as defined in section 133(a)(3)-(13) of this title, except 
that not more than 5,000 of those visas may be allocated in a fiscal 
year to special immigrants as defined in section 133(a)(3)(A)(ii)(II) 
and (III) of this title.
  (f) Employment Creation.--(1) In this subsection--
          (A) ``targeted employment area'' means, at the time of 
        investment, a rural area or an area that has experienced 
        unemployment that is at least 150 percent of the national 
        average.
          (B) ``rural area'' means an area not in a metropolitan 
        statistical area or not in the outer boundary of a city or town 
        having a population, based on the latest United States 
        decennial census, of at least 20,000.
  (2) A number of visas equal to not more than 7.1 percent of the 
worldwide numerical limitation of section 4102(b)(1) of this title 
shall be made available to qualified immigrants is coming to the United 
States to engage in a new commercial enterprise--
          (A) that the alien has established;
          (B) in which the alien has invested after November 29, 1990, 
        or is actively in the process of investing, at least 
        $1,000,000; and
          (C) that will benefit the United States economy and create 
        full-time employment for at least 10 United States citizens, 
        aliens lawfully admitted for permanent residence, or other 
        immigrants lawfully authorized to be employed in the United 
        States, except the qualified immigrant and the qualified 
        immigrant's spouse, sons, and daughters.
  (3) At least 3,000 of the visas allocated under paragraph (2) of this 
subsection in each fiscal year shall be reserved for qualified 
immigrants who establish a new commercial enterprise described in 
paragraph (2) that will create employment in a targeted employment 
area.
  (4)(A) In consultation with the Secretaries of Labor and State, the 
Attorney General may prescribe regulations increasing the amount 
specified by paragraph (2)(B) of this subsection.
  (B) For an investment made in a targeted employment area, the 
Attorney General may specify that the amount of capital required under 
paragraph (2)(B) of this subsection be less than, but at least 50 
percent of, the amount specified by paragraph (2)(B).
  (C) For an investment made in a metropolitan statistical area that at 
the time of investment is not a targeted employment area and has an 
unemployment rate significantly below the national average, the 
Attorney General may specify that the amount of capital required under 
paragraph (2)(B) of this subsection be more than, but not more than 3 
times, the amount specified in paragraph (2)(B).
  (g) Additional Requirements for Employment-Based Immigrants.--(1) An 
alien applying for a visa under subsection (c) or (d) of this section 
who is a graduate of a medical school not accredited by an entity 
approved by the Secretary of Education and who is coming to theUnited 
States principally to perform services as a member of the medical 
profession may be issued the visa only if the alien--
          (A) has passed parts I and II of the National Board of 
        Medical Examiners Examination or an examination the Secretary 
        of Health and Human Services decides is equivalent, or on 
        January 9, 1978, was fully and permanently licensed to practice 
        medicine in a State and was practicing medicine in a State on 
        that date; and
          (B) is competent in oral and written English.
  (2)(A) An alien applying for a visa under subsection (c) or (d) of 
this section to perform skilled or unskilled labor may be issued the 
visa only if the Secretary of Labor decides and certifies to the 
Secretary of State and the Attorney General that--
          (i) there are not enough workers who are able, willing, 
        qualified (or equally qualified if the alien is a member of the 
        teaching profession or has exceptional ability in the sciences 
        or arts), and available when the alien applies for the visa and 
        admission and at the place where the alien is to perform that 
        labor; and
          (ii) employment of the alien will not affect adversely the 
        wages and working conditions of similarly employed workers in 
        the United States.
  (B)(i) For purposes of this subparagraph, ``professional athlete'' 
means an individual who is employed as an athlete by a team that is a 
member of an association of at least 6 professional sports teams whose 
total combined revenues exceed $10,000,000 per year, if the association 
governs the conduct of its members and regulates the contests and 
exhibitions in which its member teams regularly engage, or by a minor 
league team that is affiliated with such an association.
  (ii) A certification made under paragraph (2)(A) of this subsection 
for a professional athlete remains valid with respect to the athlete 
after the athlete changes employers if the new employer is a team in 
the same sport as the team which employed the athlete when the athlete 
first applied for the certification.
  (C) Before making a decision and certification under paragraph (2)(A) 
of this subsection, the Secretary of Labor shall provide that--
          (i) a certification may be made only if the employer, when 
        filing the application, has provided notice of the filing to 
        the bargaining representative of the employer's employees in 
        the occupational classification and area for which aliens are 
        sought or, if there is no bargaining representative, to 
        employees employed at the facility through posting at 
        conspicuous locations; and
          (ii) any person may submit documentary evidence related to 
        the application, including information on available workers, 
        wages and working conditions, and the employer's failure to 
        meet conditions of employing alien workers and co-workers.
  (3) An alien is coming to the United States to perform labor as a 
health-care worker (except a physician) is inadmissible unless the 
alien presents to the consular officer, or, in the case of an 
adjustment of status, the Attorney General, a certificate from the 
Commission on Graduates of Foreign Nursing Schools, or a certificate 
from an equivalent independent credentialing organization approved by 
the Attorney General in consultation with the Secretary of Health and 
Human Services, verifying that--
          (A) the alien's education, training, license, and 
        experience--
                  (i) meet all applicable statutory and regulatory 
                requirements for entry into the United States under the 
                classification specified in the application;
                  (ii) are comparable to that required for an American 
                health-care worker of the same type; and
                  (iii) are authentic and, in the case of a license, 
                unencumbered;
          (B) the alien has the level of competence in oral and written 
        English considered by the Secretary of Health and Human 
        Services, in consultation with the Secretary of Education, to 
        be appropriate for health care work of the kind in which the 
        alien will be engaged, as shown by an appropriate score on one 
        or more nationally recognized, commercially available, 
        standardized assessments of the applicant's ability to speak 
        and write; and
          (C) if a majority of States licensing the profession in which 
        the alien intends to work recognize a test predicting the 
        success on the profession's licensing or certification 
        examination, the alien has passed the test or examination.
  (4) For purposes of paragraph (3) of this subsection, determination 
of the standardized tests required and of the minimum scores that are 
appropriate are within the sole discretion of the Secretary of Health 
and Human Services and are not subject to further administrative or 
judicial review.
Sec. 4105. Visa allocation for diversity immigrants
  (a) Definitions.--In this section--
          (1) ``high-admission foreign country'' means a foreign 
        country for which the number determined under subsection (c) of 
        this section is more than 50,000.
          (2) ``high-admission region'' means a region for which the 
        total of the numbers determined under subsection (c) of this 
        section for foreign countries in the region is more than one-
        sixth of the total of the numbers for all foreign countries.
          (3) ``low-admission foreign country'' means a foreign country 
        that is not a high-admission foreign country.
          (4) ``low-admission region'' means a region that is not a 
        high-admission region.
          (5) Northern Ireland is deemed to be a separate foreign 
        country.
          (6) an overseas dependent area of a foreign country is deemed 
        to be part of the foreign country.
          (7) the area in each of the following is a separate region:
                  (A) Africa.
                  (B) Asia.
                  (C) Europe.
                  (D) North America, except Mexico.
                  (E) Oceania.
                  (F) South America, Mexico, Central America, and the 
                Caribbean.
  (b) General.--Aliens subject to the worldwide numerical limitations 
of section 4102(c)(1) of this title for qualified diversity immigrants 
shall be allocated visas for each fiscal year as provided in this 
section.
  (c) Determination of Numbers of Certain Aliens.--For the most recent 
prior 5-year period for which information is available, the Attorney 
General shall determine the total number of aliens who are natives of 
each foreign country and who--
          (1) were admitted or otherwise acquired the status of an 
        alien lawfully admitted for permanent residence (except under 
        this section); and
          (2) were subject to the numerical limitations for family-
        sponsored and employment-based immigrants under sections 4103 
        and 4104 of this title or were admitted or otherwise acquired 
        the status of an alien lawfully admitted for permanent 
        residence as an alien described in section 4102(d)(6)-(8) of 
        this title.
  (d) Identification.--The Attorney General shall identify each high-
admission foreign country and region and each low-admission foreign 
country and region.
  (e) Percentage and Ratio Determinations.--The Attorney General shall 
determine--
          (1) the percentage of the total of the number determined 
        under subsection (c) of this section that applies to foreign 
        countries in high-admission regions;
          (2) based on available estimates for each region, the total 
        population of each region, excluding the population of any 
        high-admission foreign country;
          (3) for each low-admission region, the ratio of the 
        population of the region determined under clause (2) of this 
        subsection to the total population determined under clause (2) 
        for all low-admission regions; and
          (4) for each high-admission region, the ratio of the 
        population of the region determined under clause (2) of this 
        subsection to the total population determined under clause (2) 
        for all high-admission regions.
  (f) Availability of Visas.--(1) The percentage of visas made 
available under this section to natives of a high-admission foreign 
country is 0.
  (2) Except as provided in subsection (g) of this section, the 
percentage of visas made available under this section to natives 
(except natives of a high-admission foreign country) in a low-admission 
region is the product of--
          (A) the percentage determined under subsection (e)(1) of this 
        section; multiplied by
          (B) the population ratio for the region determined under 
        subsection (e)(3) of this section.
  (3) Except as provided in subsection (g) of this section, the 
percentage of visas made available under this section to natives 
(except natives of a high-admission foreign country) in a high-
admission region is the product of--
          (A) 100 percent minus the percentage determined under 
        subsection (e)(1) of this section; multiplied by
          (B) the population ratio for the region determined under 
        subsection (e)(4) of this section.
  (g) Redistribution of Visas and Limitation.--(1) Except as provided 
in paragraph (2) of this subsection, if the Secretary of State 
estimates that the number of immigrant visas to be issued for a fiscal 
year to natives in a region under this section will be less than the 
number of immigrant visas made available for the fiscal year to those 
natives under this section, the excess visa numbers shall be made 
available to natives (except natives of a high-admission foreign 
country) of the other regions in proportion to the percentages 
specified in subsection (f)(2) and (3) of this section.
  (2) The percentage of visas made available under this section for a 
fiscal year to natives of a single foreign country may not be more than 
7 percent of the total number of visas made available under this 
section for the fiscal year.
  (h) Requirement of Education or Work Experience.--An alien is 
eligible for a visa under this section only if the alien--
          (1) has at least a high school education or its equivalent; 
        or
          (2) within the 5-year period preceding the date of applying 
        for a visa has at least 2 years of work experience in an 
        occupation requiring at least 2 years of training or 
        experience.
  (i) Maintaining Information.--The Secretary shall maintain 
information on the age, occupation, education level, and other relevant 
characteristics of immigrants issued visas under this section.
  (j) Fees.--(1) The Secretary may establish a fee to be paid by each 
applicant for an immigrant visa under this section. The fee may be set 
at a level that will ensure recovery of the cost to the Department of 
State of allocating the visas, including the cost of processing all 
applications under this section.
  (2) Fees collected under this section--
          (A) shall be used for providing consular services;
          (B) shall be deposited as an offsetting collection to any 
        Department of State appropriation; and
          (C) remain available until expended.
  (3) Sections 1726-1728 of the Revised Statutes (22 U.S.C. 4212-4214) 
do not apply to fees collected under this subsection.
Sec. 4106. Availability of visas for special immigrants having 
                    honorable military service
  (a) Nonapplication of Numerical Limitations.-- Except as provided in 
subsection (b) of this section, the numerical limitations of sections 
4104 and 4110(a) and (b) of this title do not apply to immigrant visas 
made available to special immigrants as defined in section 133(a)(13) 
of this title.
  (b) Number of Available Visas.--The number of visas made available in 
a fiscal year--
          (1) under subsections (b), (c), and (d) of section 4104 of 
        this title shall each be reduced by one-third of the number of 
        visas allocated in the prior fiscal year to special immigrants 
        as defined in section 133(a)(13) of this title;
          (2) to natives of a foreign country under section 4110(a) and 
        (b) of this title shall be reduced by the number of visas 
        allocated in the prior fiscal year to special immigrants as 
        defined in section 133(a)(13) of this title who are natives of 
        the foreign country; and
          (3) under subsections (b), (c), and (d) of section 4104 of 
        this title for a foreign country subject to section 4110(c) of 
        this title in that fiscal year and the prior fiscal year shall 
        be reduced by one-third of the number of visas allocated in the 
        prior fiscal year to special immigrants as defined in section 
        133(a)(13) of this title who are natives of the foreign 
        country.
Sec. 4107. Status of spouses and children
  The spouse or child (as defined in section 108(a)(1)-(5) of this 
title) accompanying or following to join an alien who is in a class 
described in section 4103, 4104, or 4105 of this title is entitled to 
the same classification and to have the same priority date as the alien 
if the spouse or child otherwise is not entitled to immigrant status 
and the immediate issuance of a visa under section 4103, 4104, or 4105.
Sec. 4108. Estimating number of visas to be issued
  In carrying out sections 4103-4107 and 4313(a) and (b) of this title, 
the Secretary of State may make estimates of the anticipated number of 
immigrant visas to be issued during any quarter of a fiscal year under 
each class of sections 4103-4105 of this title. The Secretary may rely 
on those estimates in authorizing the issuance of those visas.
Sec. 4109. Pilot program
  (a) Establishment of Program and Allocation of Visas.--In the fiscal 
year beginning October 1, 1997, the Secretary of State, with the 
Attorney General, shall set aside 300 visas from the visas otherwise 
available under section 4104(f) of this title for a pilot program to 
carry out section 4104(f). The program shall include a regional center 
in the United States for promoting economic growth, including increased 
export sales, improved regional productivity, job creation, and 
increased domestic capital investment. The visas are for aliens 
eligible for admission under section 4104(f) and spouses and children 
eligible under this title to accompany or follow to join the alien.
  (b) Determination of Number of Jobs Created.--In establishing 
compliance with section 4104(f)(2)(C) of this title and notwithstanding 
the requirements of section 204.6 of title 8, Code of Federal 
Regulations, the Attorney General shall allow aliens admitted under the 
program to establish reasonable methodologies for determining the 
number of jobs created by the program, including jobs estimated to have 
been created indirectly through revenue produced from increased exports 
resulting from the program.
Sec. 4110. Numerical limitations on individual foreign countries
  (a) Total Number of Visas Available in a Fiscal Year.--(1) Except as 
provided in this section, not more than 7 percent of the total number 
of immigrant visas made available under sections 4103 and 4104 of this 
title in a fiscal year are made available to natives of any single 
foreign country, and not more than 2 percent of the total number are 
made available to natives of any single dependent area.
  (2) If, because of the application of paragraph (1) of this 
subsection to at least one foreign country or dependent area, the total 
number of visas made available under sections 4103 and 4104 of this 
title for a calendar quarter is more than the number of qualified 
immigrants who otherwise may be issued a visa, paragraph (1) does not 
apply to visas made available to any such foreign country or dependent 
area during the remainder of the calendar quarter.
  (3) Except for the United States and American Samoa, an independent 
country, self-governing dominion, or territory under the international 
trusteeship system of the United Nations is a foreign country under 
this subsection when approved by the Secretary of State.
  (4) Approval is deemed to have been given under paragraph (3) of this 
subsection to--
          (A) Taiwan (China); and
          (B) Hong Kong.
  (5) The Secretary shall specify the foreign country to which any 
other inhabited land is to be attributed. The Secretary shall issue 
appropriate instructions to diplomatic and consular offices when the 
territorial limits of a foreign country change and the Secretary 
recognizes the change.
  (b) Special Rules for Spouses and Children of Aliens Lawfully 
Admitted for Permanent Residence.--(1) Of the visa numbers available 
under section 4103(c) of this title in a fiscal year to immigrants 
described in section 4103(c)(1)(A) of this title--
          (A) 75 percent of the 77 percent of the total number of visas 
        available under section 4103(c) of this title to those 
        immigrants shall be issued without regard to the numerical 
        limitation established under subsection (a)(1) of this section; 
        and
          (B) if a foreign country or dependent area is subject to 
        subsection (c) of this section, the remaining 25 percent of the 
        77 percent shall be made available to natives of that country 
        or area only to the extent that the total number of visas 
        issued under subparagraph (A) of this paragraph to those 
        immigrants is less than 77 percent of the maximum number of 
        visas available under subsection (c)(1)(B) of this section to 
        immigrants described in section 4103(c) of this title who are 
        natives of that country or area.
  (2) For a foreign country or dependent area to which subsection (c) 
of this section applies--
          (A) the number of immigrant visas that may be made available 
        under section 4103(c) of this title to natives of the country 
        or area who are described in section 4103(c)(1)(B) of this 
        title may not be more than the greater of--
                  (i) 23 percent of the maximum number of visas 
                available consistent with subsection (c) of this 
                section to immigrants described in section 4103(c) of 
                this title who are natives of the country or area; or
                  (ii) the number, if any, by which the maximum number 
                of visas available under subsection (c)(1)(B) of this 
                section to immigrants described in section 4103(c) of 
                this title who are natives of the country or area is 
                more than the number of visas issued to immigrants 
                described in section 4103(c)(1)(A) of this title; and
          (B) if the total number of visas issued under section 4103(c) 
        of this title is more than the maximum number of visas 
        available consistent with subsection (c) of this section to 
        immigrants described in section 4103(c) who are natives of the 
        country or area, all visas are deemed to have been required for 
        the preferences specified in section 4103(b) and (c) of this 
        title when applying section 4103(d) and (e) of this title under 
        subsection (c)(1)(B) of this section.
  (c) Allocation When Number of Visas Made Available to a Country 
Exceeds Numerical Limitation.--(1) If it appears that the total number 
of immigrant visas made available under sections 4103 and 4104 of this 
title to natives of a foreign country or dependent area will be more 
than the applicable numerical limitation established under subsection 
(a)(1) of this section in a fiscal year, visa numbers for natives of 
that country or area shall be allocated under sections 4103 and 4104 
(to the extent practicable and otherwise consistent with this section 
and sections 4103 and 4104) so that--
          (A) the ratio of the visa numbers made available under 
        section 4103 of this title to the visa numbers made available 
        under section 4104 of this title equals the ratio of the 
        worldwide numerical limitations of section 4102(a)(1) of this 
        title to the worldwide numerical limitation under section 
        4102(b)(1) of this title;
          (B) except as provided in paragraphs (3) and (4) of this 
        subsection, the proportion of the visa numbers allocated under 
        each of subsections (b), (c), (d), and (e) of section 4103 of 
        this title equals the ratio of the total number of visas 
        available under each of those subsections to the total number 
        of visas available under section 4103; and
          (C) the proportion of the visa numbers allocated under each 
        of subsections (b), (c), (d), (e), and (f) of section 4104 of 
        this title equals the ratio of the total number of visas 
        available under each of those subsections to the total number 
        of visas available under section 4104.
  (2) Paragraph (1) of this subsection does not limit the number of 
visas that may be issued--
          (A) to natives of a foreign country or dependent area under 
        section 4103 of this title if there is insufficient demand for 
        visas for those natives under section 4104 of this title;
          (B) to natives of a foreign country or dependent area under 
        section 4104 of this title if there is insufficient demand for 
        visas for those natives under section 4103 of this title; or
          (C) under subsection (b)(1)(A) of this section.
Sec. 4111. Charging immigrants to foreign countries
  An immigrant is chargeable to the foreign country in which the 
immigrant was born except in the following circumstances:
          (1) When an alien child is accompanied by or following to 
        join an alien parent of the child, the child may be charged to 
        the foreign country of either parent if--
                  (A) the parent has received or qualifies for an 
                immigrant visa;
                  (B) necessary to prevent the separation of the child 
                from the parent; and
                  (C) immigration charged to the foreign country to 
                which the parent has been or would be chargeable has 
                not reached the numerical limitation established by 
                section 4110(a)(1) of this title.
          (2) When an alien is chargeable to a foreign country 
        different from that of the spouse of the alien, the alien may 
        be charged to the foreign country of the spouse the alien is 
        accompanying or following to join if--
                  (A) the spouse has received or qualifies for an 
                immigrant visa;
                  (B) necessary to prevent the separation of the alien 
                and spouse; and
                  (C) immigration charged to the foreign country to 
                which the spouse has been or would be chargeable has 
                not reached the numerical limitation established by 
                section 4110(a)(1) of this title.
          (3) An alien born in the United States is deemed to have been 
        born in the foreign country of which the alien is a citizen or 
        subject. If the alien is not a citizen or subject of a foreign 
        country, the alien is deemed to have been born in the last 
        foreign country in which the consular officer decides that the 
        alien resided.
          (4) An alien born in a foreign country in which neither 
        parent of the alien was born and in which neither parent 
        resided at the time of the birth of the alien may be charged to 
        the foreign country of either parent.
          (5) An alien born in a dependent area of a foreign country, 
        except an alien described in section 4102(d) of this title, is 
        chargeable to that country.
Sec. 4112. Burden of proof
  An alien claiming to be an immigrant, a special immigrant, or an 
immediate relative has the burden of proving that the alien is entitled 
to immigrant, special immigrant, or immediate relative status.

                CHAPTER 43--PETITIONS AND DOCUMENTATION

                         SUBCHAPTER I--PETITIONS

Sec.
4301.  General.
4302.  Approving petitions for children.
4303.  Petitions for married aliens.
4304.  Revoking approved petitions.

                      SUBCHAPTER II--DOCUMENTATION

4311.  Documentation requirements.
4312.  Applications for immigrant visas and registration.
4313.  Issuing immigrant visas and other documentation.
4314.  Period of validity and revocation.
4315.  Unused immigrant visas.
4316.  Reentry permits.
4317.  Burden of proof.
4318.  Documentation waivers.

                        SUBCHAPTER I--PETITIONS

Sec. 4301. General
  (a) Petitions to the Attorney General.--The following individuals may 
petition the Attorney General for the classification of aliens as 
follows:
          (1) a citizen of the United States claiming an alien is 
        entitled to immediate relative status or to be classified under 
        section 4103(b), (d), or (e) of this title.
          (2) an alien spouse described in section 116(2) of this title 
        and desiring to acquire, or to have a child of the alien spouse 
        acquire, immediate relative status.
          (3) an alien eligible for immediate relative status (and a 
        child of the alien if the child is not classified under clause 
        (4) of this subsection) because the alien--
                  (A) is the spouse of a citizen of the United States;
                  (B) is an individual of good moral character;
                  (C) has resided in the United States with the spouse; 
                and
                  (D) demonstrates to the Attorney General that--
                          (i) the alien is residing in the United 
                        States;
                          (ii) the marriage between the alien and the 
                        spouse was entered into in good faith by the 
                        alien;
                          (iii) during the marriage the alien or a 
                        child of the alien has been battered by, or has 
                        been the subject of extreme cruelty perpetrated 
                        by, the spouse; and
                          (iv) the alien's removal would result in 
                        extreme hardship to the alien or child.
          (4) a child eligible for immediate relative status because 
        the child--
                  (A) is the child of a citizen of the United States;
                  (B) is an individual of good moral character;
                  (C) has resided in the United States with the citizen 
                parent; and
                  (D) demonstrates to the Attorney General that--
                          (i) the child is residing in the United 
                        States;
                          (ii) during the period of residence with the 
                        citizen parent the child has been battered by, 
                        or has been the subject of extreme cruelty 
                        perpetrated by, that parent; and
                          (iii) the child's removal would result in 
                        extreme hardship to the child.
          (5) an alien lawfully admitted for permanent residence 
        claiming classification for an alien entitled to be classified 
        under section 4103(c) of this title.
          (6) an alien eligible to be classified under section 4103(c) 
        of this title (and a child of the alien if the child is not 
        classified under clause (7) of this subsection) because the 
        alien--
                  (A) is the spouse of an alien lawfully admitted for 
                permanent residence;
                  (B) is an individual of good moral character;
                  (C) has resided in the United States with the spouse;
                  (D) demonstrates to the Attorney General that--
                          (i) the alien is residing in the United 
                        States;
                          (ii) the marriage between the alien and the 
                        spouse was entered into in good faith by the 
                        alien;
                          (iii) during the marriage the alien or a 
                        child of the alien has been battered by, or has 
                        been the subject of extreme cruelty perpetrated 
                        by, the spouse; and
                          (iv) the alien's removal would result in 
                        extreme hardship to the alien or child.
          (7) a child eligible to be classified under section 4103(c) 
        of this title because the child--
                  (A) is the child of an alien lawfully admitted for 
                permanent residence;
                  (B) is an individual of good moral character;
                  (C) has resided in the United States with the 
                permanent resident alien parent; and
                  (D) demonstrates to the Attorney General that--
                          (i) the child is residing in the United 
                        States;
                          (ii) during the period of residence with the 
                        permanent resident alien parent the child has 
                        been battered by, or has been the subject of 
                        extreme cruelty perpetrated by, that parent; 
                        and
                          (iii) the child's removal would result in 
                        extreme hardship to the child.
          (8) an alien desiring to be classified under section 
        4104(b)(1)(A) of this title, or a person for the alien.
          (9) an individual intending to employ in the United States an 
        alien entitled to be classified under section 4104(b)(1)(B) or 
        (C), (c), or (d) of this title.
          (10) an alien (except a special immigrant as defined in 
        section 133(a)(4) of this title) desiring to be classified 
        under section 4104(e) of this title, or a person for the alien.
          (11) an alien desiring to be classified under section 4104(f) 
        of this title.
  (b) Petitions to the Secretary of State.--(1) An alien claiming 
status as a special immigrant as defined in section 133(a)(4) of this 
title may petition the Secretary of State to be classified under 
section 4104(e) of this title. The alien may file the petition only 
after being notified by the Secretary that special immigrant status 
under section 133(a)(4) has been recommended and approved as provided 
in section 133(a)(4).
  (2)(A) An alien desiring to be classified under section 4105 of this 
title may petition the Secretary of State to be classified under 
section 4105.
  (B) The alien shall file the petition at the place and time the 
Secretary of State decides by regulation. Only one petition may be 
filed during a petitioning period established by the Secretary. If more 
than one petition is filed during a period, all petitions filed by the 
alien during that period are void.
  (C)(i) The Secretary of State shall designate a period during which a 
petition for a visa that may be issued under section 4105 of this title 
for the fiscal year beginning after the end of the period may be filed.
  (ii) An alien who qualifies, through random selection, for a visa 
under section 4105 of this title remains eligible to receive the visa 
through the end of the fiscal year for which the alien was selected.
  (iii) The Secretary of State shall prescribe regulations necessary to 
carry out this subparagraph.
  (D) A petition under this paragraph shall--
          (i) be in a form the Secretary of State prescribes by 
        regulation; and
          (ii) contain information and documentary evidence the 
        Secretary requires.
  (c) Approving Petitions.--(1) After investigating the facts about a 
petition, and after consulting with the Secretary of Labor about a 
petition to classify an alien under section 4104(c) or (d) of this 
title, the Attorney General shall approve the petition if the Attorney 
General decides the facts stated in the petition are true and the alien 
is an immediate relative or entitled to be classified as requested 
under section 4103 or 4104 of this title.
  (2) When acting on a petition under subsection (a)(3), (4), (6), or 
(7) of this section, the Attorney General shall consider any credible 
evidence relevant to the petition. Only the Attorney General may decide 
what evidence is credible and the weight to be given that evidence.
  (3) After approving the petition, the Attorney General shall submit 
one copy to the Secretary of State. The Secretary then shall authorize 
the appropriate consular officer to classify the alien as approved.
  (d) Petitions for Professional Athletes.--(1) For purposes of this 
subsection, ``professional athlete'' means an individual who is 
employed as an athlete by--
          (A) a team that is a member of an association of at least 6 
        professional sports teams whose total combined revenues exceed 
        $10,000,000 per year, if the association governs the conduct of 
        its members and regulates the contests and exhibitions in which 
        its member teams regularly engage; or
          (B) a minor league team that is affiliated with such an 
        association.
  (2) A petition under subsection (a)(9) of this section for 
classification of a professional athlete remains valid for the athlete 
after the athlete changes employers if the new employer is a team in 
the same sport as the team which was the employer who filed the 
petition.
  (e) Nondiscrimination.--Except as provided in sections 133, 
4102(d)(6), 4103-4107, and 4110(a)(1) of this title, an alien may not 
receive a preference or priority or be discriminated against in issuing 
an immigrant visa under section 4313 of this title because of the 
alien's race, sex, nationality, place of birth, or place of residence. 
This subsection does not limit the authority of the Secretary of State 
to establish the procedures for processing immigrant visa applications 
or the locations where the applications will be processed.
  (f) No Entitlement To Be Admitted to the United States.--This 
subchapter does not entitle an immigrant for whom a petition is 
approved under this subchapter to be admitted to the United States if 
found not to be entitled to the classification on arrival in the United 
States.
Sec. 4302. Approving petitions for children
  (a) Favorable Home Study Requirement.--Notwithstanding section 4301 
of this title, a petition for a child as defined in section 108(a)(6) 
of this title may be approved only if a valid home study has been 
recommended favorably--
          (1) by an agency of the State of the proposed residence of 
        the child;
          (2) by an agency that the State of the proposed residence of 
        the child authorizes to conduct the study; or
          (3) for a child adopted outside the United States, by an 
        appropriate adoption agency licensed in the United States.
  (b) Petitions for Certain Children Fathered by Citizens of the United 
States.--(1) An alien claiming to be an alien described in paragraph 
(2)(A) of this subsection, or a person for the alien, may petition the 
Attorney General to be classified as an immediate relative or under 
section 4103(b) or (d) of this title, as appropriate.
  (2) After investigating the facts about a petition, the Attorney 
General shall approve the petition if--
          (A) the Attorney General has reason to believe that the alien 
        was born in Kampuchea, Korea, Laos, Thailand, or Vietnam after 
        December 31, 1950, and before October 22, 1982, and was 
        fathered by a citizen of the United States;
          (B) the Attorney General has received an acceptable guarantee 
        of legal custody and financial responsibility described in 
        paragraph (5) of this subsection; and
          (C) for an alien less than 18 years of age--
                  (i) an appropriate child welfare agency licensed in 
                the United States and actively involved in the 
                intercountry placement of children arranged the 
                placement of the alien with a sponsor in the United 
                States; and
                  (ii) the mother or guardian of the alien, in writing, 
                irrevocably released the alien for emigration.
  (3) In considering a petition filed under this subsection, the 
Attorney General shall--
          (A) consult with appropriate government officials and 
        officials of private voluntary organizations in the foreign 
        country in which the alien was born in making the findings 
        described in paragraph (2)(A) and (C)(i) of this subsection; 
        and
          (B) consider the physical appearance of the alien and 
        evidence provided by the petitioner, including--
                  (i) birth and baptismal certificates;
                  (ii) local civil records;
                  (iii) photographs of, and letters or proof of 
                financial support from, a putative father who is a 
                citizen of the United States; and
                  (iv) relevant or probative testimony of witnesses.
  (4) After approving the petition, the Attorney General shall submit 
one copy to the Secretary of State.
  (5) A guarantee of legal custody and financial responsibility for an 
alien required by paragraph (2) of this subsection must--
          (A) be signed in the presence of a consular officer or an 
        immigration officer by a sponsor who is--
                  (i) at least 21 years of age;
                  (ii) of good moral character; and
                  (iii) a citizen of the United States or an alien 
                lawfully admitted for permanent residence; and
          (B) provide that the sponsor agrees--
                  (i) for an alien less than 18 years of age, to assume 
                legal custody for the alien when the alien departs for 
                the United States and until the alien becomes 18 years 
                of age, as provided under the laws of the State in 
                which the alien and the sponsor will reside; and
                  (ii) to provide, during the longer of the 5-year 
                period beginning on the date the alien acquires the 
                status of an alien lawfully admitted for permanent 
                residence or the period beginning on that date and 
                ending on the date the alien becomes 21 years of age, 
                financial support necessary to maintain the family in 
                the United States of which the alien is a member at a 
                level equal to at least 125 percent of the current 
                official poverty line (established by the Director of 
                the Office of Management and Budget under section 
                673(2) of the Community Services Block Grant Act (42 
                U.S.C. 9902(2) and revised by the Secretary of Health 
                and Human Services under section 673(2)) for a family 
                the same size as that of the family of the alien.
  (6) The Attorney General may bring a civil action against the sponsor 
in the district court of the United States for the judicial district in 
which the sponsor resides to enforce a guarantee of legal custody and 
financial responsibility made under paragraph (5) of this subsection. 
However, a sponsor or the estate of the sponsor is not liable under the 
guarantee if the sponsor dies or is adjudicated a bankrupt under title 
11.
Sec. 4303. Petitions for married aliens
  (a) Limitations on Approving Petitions for Certain Spouses.--(1) The 
Attorney General may approve a spousal petition under section 4103(c) 
of this title for the classification of the spouse of an alien if the 
alien, because of a prior marriage, had acquired the status of an alien 
lawfully admitted for permanent residence as the spouse of a citizen of 
the United States or an alien lawfully admitted for permanent residence 
only if--
          (A) 5 years have passed since the alien had acquired the 
        status of an alien lawfully admitted for permanent residence; 
        or
          (B) the alien, by clear and convincing evidence, satisfies 
        the Attorney General that the prior marriage was not entered 
        into to evade the immigration laws.
  (2) Paragraph (1) of this subsection does not apply to a petition for 
the classification of the spouse of an alien if the prior marriage of 
the alien was ended by the death of the alien's spouse.
  (b) Prohibition on Approving Petitions Because of Marriages To Evade 
Immigration Laws.--Notwithstanding section 4301(c) of this title, a 
petition may not be approved if--
          (1) an alien previously acquired, or sought to acquire, 
        immediate relative status or previously was classified, or 
        sought to be classified, under section 4103(c) of this title as 
        a spouse of an alien lawfully admitted for permanent residence, 
        because of a marriage the Attorney General decides was entered 
        into to evade the immigration laws; or
          (2) the Attorney General decides the alien has attempted or 
        conspired to enter into a marriage to evade the immigration 
        laws.
  (c) Required Residence Outside the United States for Certain Aliens 
Involved in Proceedings.--(1) Notwithstanding section 4301(a) and (b) 
of this title, a petition to grant immediate relative status or to 
classify an alien under section 4103, 4104, or 4105 of this title 
because of a marriage entered into after November 9, 1986, and during 
the period described in section 9101(g)(1)(C) of this title, may not be 
approved until the alien resides outside the United States for 2 years 
after the marriage.
  (2) Paragraph (1) of this subsection does not apply to a marriage if 
the alien establishes by clear and convincing evidence satisfactory to 
the Attorney General that--
          (A) the marriage was entered into in good faith and under the 
        laws of the place where the marriage took place;
          (B) the marriage was not entered into to procure the alien's 
        admission as an immigrant; and
          (C) no consideration was given, except to an attorney for 
        assistance in preparing a petition, for filing a petition under 
        section 2309(b) or 4301(a) or (b) of this title for an alien 
        spouse or alien son or daughter.
  (3) Under regulations of the Attorney General, the Attorney General 
shall allow only one level of administrative appellate review for each 
alien under paragraph (2) of this subsection.
Sec. 4304. Revoking approved petitions
  (a) General.--The Attorney General may revoke at any time a petition 
approved by the Attorney General under section 4301(c) of this title if 
the Attorney General considers that there is good cause to revoke. 
Revocation is effective as of the date of approval of the petition if 
notice of the revocation is mailed to the last known address of the 
petitioner and the Secretary of State notifies the alien for whom the 
petition was filed of the revocation before the alien begins traveling 
to the United States. If notice is not given as required by this 
section and the alien applies for admission to the United States, the 
admissibility of the alien shall be decided as provided in sections 
6102 and 6704 of this title.
  (b) Exception.--Legal termination of a marriage may not be the only 
basis for revoking a petition of an alien filed under section 
4301(a)(3) or (6) of this title because of conditions described in 
section 4301(a)(3)(D)(i)-(iii) and (6)(D)(i)-(iii).

                      SUBCHAPTER II--DOCUMENTATION

Sec. 4311. Documentation requirements
  (a) Documents Required.--(1) An immigrant may be admitted to the 
United States only if, when applying for admission, the immigrant--
          (A)(i) is in possession of an unexpired entry document 
        required by this title; or
          (ii) was born after an entry document was issued to the 
        accompanying parent;
          (B) is in possession of an unexpired travel document or 
        document of identity and nationality when required by 
        regulations the Attorney General prescribes; and
          (C) except as otherwise provided in this title, is in 
        possession of a visa issued as provided under sections 4103-
        4105, 4107, and 4313(b) of this title.
  (2) This section does not apply to an alien admitted under section 
5105 of this title.
  (b) Waiver for Certain Special Immigrants.--Under conditions that may 
be prescribed by the Attorney General, the Attorney General may readmit 
a special immigrant as defined in section 133(a)(1) of this title who 
is returning to the United States, without the alien's having to obtain 
a passport, immigrant visa, reentry permit, or other documentation, if 
the alien otherwise is admissible.
Sec. 4312. Applications for immigrant visas and registration
  (a) Application Requirements.--An alien applying for an immigrant 
visa must apply in the way and at the place prescribed by regulation. 
The application must contain--
          (1) the complete true name of the alien and each alias ever 
        used;
          (2) the age and sex of the alien;
          (3) the date and place of birth of the alien; and
          (4) additional information prescribed by regulation that is 
        necessary to identify the alien and enforce the immigration and 
        nationality laws.
  (b) Additional Requirements.--(1) An alien applying for an immigrant 
visa must--
          (A) register if required by chapter 81 of this title when 
        applying for the visa;
          (B) take a physical and mental examination prescribed by 
        regulation;
          (C) if required under regulations the Secretary prescribes, 
        present a passport or other suitable travel document or a 
        document of identity and nationality; and
          (D) provide the consular officer, with the application, 
        with--
                  (i) a copy of a certification by the appropriate 
                police authorities stating what their records show 
                about the alien;
                  (ii) a certified copy of any existing prison record, 
                military record, and record of birth of the alien; and
                  (iii) a certified copy of any other record or 
                documentation about the alien that the consular officer 
                may require.
  (2) Each copy provided under paragraph (1)(D) of this subsection 
shall be attached to the application and become a part of the 
application. If the alien satisfies the consular officer that it is not 
possible to obtain the copy, the consular officer may allow the alien 
to submit other satisfactory evidence of the fact to which the copy 
relates.
  (c) Signature and Oath.--Except as otherwise prescribed by 
regulation, an alien must--
          (1) sign an application for an immigrant visa in the presence 
        of a consular officer; and
          (2) take an oath administered by the consular officer 
        verifying the application.
  (d) Processing Immigrant Visa Applications of Cuban Nationals in 3d 
Countries.--(1) In this subsection, ``process'' means accepting and 
reviewing an application and preparing necessary documents and making 
appropriate decisions related to the application.
  (2) Notwithstanding sections 6108(a), 6109, and 8302 of this title, a 
consular officer shall process an application for an immigrant visa by 
a Cuban national located in a 3d country on the same basis as an 
application for an immigrant visa by a national of another country.
  (e) Statement About No Entitlement To Enter the United States.--An 
application for an immigrant visa shall inform the applicant that a 
visa or other documentation issued to an alien does not entitle the 
alien to enter the United States if, on arrival at a port of entry, the 
alien is found to be inadmissible.
  (f) Cancellation of Registration.--The Secretary shall cancel the 
registration of an alien who does not apply for an immigrant visa 
within one year after being notified that a visa is available. However, 
the Secretary shall reinstate the registration if the alien establishes 
within 2 years after notification that the failure to apply was due to 
circumstances beyond the control of the alien.
Sec. 4313. Issuing immigrant visas and other documentation
  (a) Registration on Waiting Lists.--Waiting lists of aliens entitled 
to an immigrant classification that is subject to the numerical 
limitations specified in chapter 41 of this title shall be maintained 
under regulations the Secretary of State prescribes.
  (b) Order of Issuing Visas.--(1) Immigrant visas made available under 
section 4103 or 4104 of this title shall be issued to qualified 
immigrants in the order in which a petition for each immigrant is filed 
with the Attorney General (or with the Secretary for special immigrants 
as defined in section 133(a)(4) of this title) under section 4301(a) or 
(b) of this title.
  (2) Immigrant visas made available under section 4105 of this title 
shall be issued to qualified immigrants as the Secretary prescribes for 
the fiscal year involved.
  (c) Issuing Visas.--(1) A consular officer issues an immigrant visa 
at the office of the consular officer outside the United States. A 
consular officer may issue an immigrant visa to an eligible immigrant 
who has made a proper application for the visa.
  (2) A consular officer may issue a special immigrant or an immediate 
relative an immigrant visa as a special immigrant or an immediate 
relative on receiving satisfactory proof, under regulations prescribed 
under this title, that the applicant is entitled to special immigrant 
or immediate relative status.
  (d) Prohibitions.--(1) A consular officer may not issue an immigrant 
visa or other documentation to an alien if--
          (A) the alien's application does not comply with this title 
        or regulations prescribed under this title; or
          (B) the consular officer has reason to believe the alien is 
        ineligible for the visa or other documentation under subchapter 
        I of chapter 63 of this title or any other provision of law.
  (2) Notwithstanding paragraph (1)(B) of this subsection, a consular 
officer may issue an immigrant visa or other documentation to an alien 
to whom section 6306(a)-(c) of this title applies if--
          (A) the alien otherwise may receive the visa or other 
        documentation; and
          (B) the consular officer receives notice from the Attorney 
        General that a bond approved by the Attorney General has been 
        filed under section 6306(d) of this title.
  (e) Contents of Visas.--An immigrant visa consists of the application 
for the visa, when visaed by the consular officer. The visa shall 
specify--
          (1) the foreign country to which the immigrant is charged;
          (2) the immigrant's particular status under that country;
          (3) the preference classification or immediate relative or 
        special immigrant status to which the immigrant is charged;
          (4) the expiration date of the visa; and
          (5) additional required information.
Sec. 4314. Period of validity and revocation
  (a) Validity.--An immigrant visa is valid for the period prescribed 
by regulation, but for not more than 6 months. However, an immigrant 
visa issued to a child legally adopted by a citizen of the United 
States and the spouse of the citizen when the citizen is serving 
outside the United States in the armed forces of the United States, is 
employed outside the United States by the Federal Government, or is 
temporarily outside the United States on business, is valid until the 
regular return of the citizen to the United States from the service, 
employment, or business, but for not more than 3 years.
  (b) Revocation.--A consular officer or the Secretary of State may 
revoke at any time an immigrant visa or other documentation issued to 
an immigrant. A revocation invalidates the visa or documentation from 
the date the visa or documentation is issued. The Attorney General 
shall be notified of each revocation.
Sec. 4315. Unused immigrant visas
  (a) Replacing Unused Visas.--A consular officer may replace an 
immigrant visa under its original number during the fiscal year it was 
issued if--
          (1) the immigrant establishes to the satisfaction of the 
        consular officer that the immigrant was unable to use the visa 
        when it was valid for reasons that the immigrant did not cause 
        and that were beyond the immigrant's control;
          (2) the consular officer finds the immigrant is eligible for 
        an immigrant visa; and
          (3) the immigrant pays again the statutory fees for an 
        application and immigrant visa.
  (b) Issuing Unused Visas.--An eligible immigrant may be issued an 
unused immigrant visa that the immigrant qualifies for if the visa 
originally was issued to another immigrant--
          (1) removed after being denied admission;
          (2) not applying for admission before the visa expires; or
          (3) as a preference immigrant and the immigrant is found not 
        to be a preference immigrant.
Sec. 4316. Reentry permits
  (a) Applications.--An alien lawfully admitted for permanent residence 
who intends to leave the United States temporarily may apply to the 
Attorney General for a reentry permit to reenter the United States. The 
application must--
          (1) state the length of, and reason for, the departure;
          (2) be accompanied by photographs of the applicant, and state 
        other information, that the Attorney General prescribes by 
        regulation; and
          (3) be made under oath.
  (b) Issuing Reentry Permits.--The Attorney General may issue the 
reentry permit if the Attorney General finds--
          (1) the application is made in good faith; and
          (2) the alien's departure is not contrary to the interests of 
        the United States.
  (c) Period of Validity.--A reentry permit may be issued for not more 
than 2 years from the date it is issued and may not be renewed. The 
alien may use the permit for any number of reentries into the United 
States. The alien shall surrender the permit to the Commissioner of 
Immigration and Naturalization when the permit expires.
  (d) Presentation of Reentry Permit on Returning to the United 
States.--An alien issued a reentry permit shall present the permit to 
the immigration officer at the port of entry on returning to the United 
States. The immigration officer shall accept the permit as a substitute 
for any visa otherwise required under this title. The permit has no 
effect under the immigration laws except to establish that the alien is 
returning from a temporary departure. However, this section does not 
require a reentry permit as the only way that an alien may establish a 
return from a temporary departure.
  (e) Form of Applications and Permits.--The Attorney General shall 
prescribe by regulation the form of the application and reentry permit, 
except that the permit shall be in a form to identify the alien 
completely and shall be printed on distinctive safety paper.
Sec. 4317. Burden of proof
  An individual applying for an immigrant visa or other documentation 
required for entering the United States as an immigrant has the burden 
of proving that the individual is eligible to be issued the visa or 
documentation. A consular officer may issue the visa or documentation 
only if satisfied that the individual is eligible to receive the visa 
or documentation.
Sec. 4318. Documentation waivers
  The Attorney General may waive sections 4311(a)(1) and 6301(a)(2) and 
(b) of this title for an immigrant who is in possession of an immigrant 
visa and otherwise is admissible if the Attorney General is satisfied 
that the immigrant did not know, and by reasonable diligence could not 
have known, of the immigrant's inadmissibility--
          (1) before the vessel or aircraft on which the alien came to 
        the United States left the last port outside the United States 
        and outside foreign contiguous territory; or
          (2) for an immigrant coming from foreign contiguous 
        territory, before the immigrant applied for admission.

           CHAPTER 45--CONDITIONAL PERMANENT RESIDENT STATUS

        SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS

Sec.
4501.  Definitions.
4502.  Conditional basis of status.
4503.  General requirements to remove conditional basis.
4504.  Petitions.
4505.  Personal interviews.
4506.  Favorable decisions on removing the conditional basis.
4507.  Unfavorable decisions on removing the conditional basis.
4508.  Treatment of conditional basis period for naturalization 
          purposes.
4509.  Ending waivers.

    SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN

4521.  Definitions.
4522.  Conditional basis of status.
4523.  General requirements to remove conditional basis.
4524.  Petitions.
4525.  Personal interviews.
4526.  Favorable decisions on removing the conditional basis.
4527.  Unfavorable decisions on removing the conditional basis.
4528.  Treatment of conditional basis period for naturalization 
          purposes.

        SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS

Sec. 4501. Definitions
  In this subchapter--
          (1) ``alien son or daughter'' means an alien who acquires the 
        status of an alien lawfully admitted for permanent residence 
        because the alien is the son or daughter of an individual 
        through a qualifying marriage.
          (2) ``alien spouse''--
                  (A) means an alien who, because of a qualifying 
                marriage, acquires the status of an alien lawfully 
                admitted for permanent residence--
                          (i) as an immediate relative as the spouse of 
                        a citizen of the United States;
                          (ii) under section 2309(a) of this title as 
                        the fiancee or fiance of a citizen of the 
                        United States; or
                          (iii) under section 4103(c) of this title as 
                        the spouse of an alien lawfully admitted for 
                        permanent residence; but
                  (B) does not include an alien who acquires the status 
                of an alien lawfully admitted for permanent residence 
                because of section 4107 of this title.
          (3) ``petitioning spouse'' means the spouse of a qualifying 
        marriage, except the alien.
          (4) ``qualifying marriage'' means a marriage entered into 
        less than 24 months before the date an alien spouse acquires 
        the status of an alien lawfully admitted for permanent 
        residence because of the marriage.
Sec. 4502. Conditional basis of status
  (a) General.--An alien spouse or an alien son or daughter, when 
acquiring the status of an alien lawfully admitted for permanent 
residence, acquires that status on a conditional basis as provided in 
this subchapter.
  (b) Notice Requirements.--When an alien spouse or alien son or 
daughter acquires the status of an alien lawfully admitted for 
permanent residence on a conditional basis under subsection (a) of this 
section, the Attorney General shall notify the spouse, son, or daughter 
about this subchapter and the requirements of section 4503 of this 
title to have the conditional basis of the status removed. However, the 
failure of the Attorney General to provide notice does not affect the 
enforcement of this subchapter against the spouse, son, or daughter.
Sec. 4503. General requirements to remove conditional basis
  To remove the conditional basis established under section 4502(a) of 
this title, the alien spouse and the petitioning spouse (if living)--
          (1) jointly must submit to the Attorney General a petition 
        requesting the removal of the conditional basis and containing, 
        under penalty of perjury, the information required by section 
        4504(b) of this title; and
          (2) must appear before an officer or employee of the 
        Immigration and Naturalization Service for a personal interview 
        about the information required by section 4504(b) of this 
        title.
Sec. 4504. Petitions
  (a) Time for Submission.--(1) Except as provided in paragraph (2) of 
this subsection, the petition required by section 4503(1) of this title 
must be submitted during the 90-day period immediately before the 2d 
anniversary that the alien acquired the status of an alien lawfully 
admitted for permanent residence.
  (2) A petition submitted after the 90-day period may be considered 
only if the alien satisfies the Attorney General that good cause and 
extenuating circumstances existed for not submitting the petition 
during that period.
  (3) The Attorney General may stay a removal proceeding against an 
alien who did not submit a petition within the 90-day period required 
under paragraph (1) of this subsection pending the submission of the 
petition under paragraph (2) of this subsection.
  (4) At or about the beginning of the 90-day period, the Attorney 
General shall try to notify the alien spouse or alien son or daughter 
of the requirements of section 4503 of this title. However, the failure 
of the Attorney General to provide notice does not affect the 
enforcement of this subchapter against the spouse, son, or daughter.
  (b) Contents.--Each petition shall contain the following information:
          (1) That the qualifying marriage--
                  (A) complied with the laws of the place where the 
                marriage took place;
                  (B) has not been annulled judicially or ended, except 
                through the death of a spouse; and
                  (C) was not entered into to procure the admission of 
                an alien as an immigrant.
          (2) That no consideration was given, except to an attorney 
        for assistance in preparing the petition, for filing under 
        section 2309(b) or 4301 (a) or (b) of this title a petition for 
        an alien spouse or an alien son or daughter.
          (3) The actual residence of each party to the qualifying 
        marriage since the date the alien spouse acquired the status of 
        an alien lawfully admitted for permanent residence on a 
        conditional basis under section 4502(a) of this title.
          (4) Each employer and place of employment of each party since 
        that date.
Sec. 4505. Personal interviews
  (a) Time and Location Requirements.--(1) The personal interview 
required by section 4503(2) of this title shall be conducted--
          (A) within 90 days after the date a petition is submitted as 
        required by section 4503(1) of this title; and
          (B) at a local office of the Immigration and Naturalization 
        Service the Attorney General designates that is convenient to 
        the parties involved.
  (2) The Attorney General may waive the interview or the deadline for 
the interview when appropriate.
  (b) Decisions on Truthfulness of Statements.--Within 90 days after an 
interview is conducted as required by section 4503(2) of this title, 
the Attorney General shall decide whether the information in the 
petition and required by section 4504(b) of this title about the 
qualifying marriage is true.
Sec. 4506. Favorable decisions on removing the conditional basis
  (a) Favorable Decisions.--If the Attorney General decides the 
information required by section 4504(b) of this title is true, the 
Attorney General shall notify the parties involved and shall remove the 
conditional basis of the status of the parties effective on the 2d 
anniversary that the alien acquired the status of an alien lawfully 
admitted for permanent residence.
  (b) Hardship Waivers.--(1) The Attorney General may remove the 
conditional basis of an alien spouse or alien son or daughter when the 
alien spouse does not comply with section 4503 of this title if the 
alien spouse or alien son or daughter shows that--
          (A) extreme hardship would result if the alien spouse or 
        alien son or daughter is removed;
          (B) the qualifying marriage was entered into in good faith by 
        the alien spouse, but the marriage has been ended (except 
        through the death of the spouse), and the alien spouse was not 
        at fault in not complying with section 4503 of this title; or
          (C) the qualifying marriage was entered into in good faith by 
        the alien spouse and during the marriage the alien spouse or 
        alien son or daughter was battered by, or was the subject of 
        extreme cruelty committed by, the spouse of the alien spouse or 
        the citizen or permanent resident parent of the alien son or 
        daughter, and the alien spouse was not at fault in not 
        complying with section 4503 of this title.
  (2) When deciding whether extreme hardship would result, the Attorney 
General shall consider circumstances occurring only during the period 
the alien was lawfully admitted for permanent residence on a 
conditional basis.
  (3) When acting on a petition under this subsection, the Attorney 
General shall consider any credible evidence relevant to the petition. 
Only the Attorney General may decide what evidence is credible and the 
weight to be given that evidence.
  (4) The Attorney General shall establish by regulation ways to 
protect the confidentiality of information about an abused alien spouse 
or alien son or daughter, including information on the location of the 
spouse, son, or daughter.
Sec. 4507. Unfavorable decisions on removing the conditional basis
  (a) Improper Qualifying Marriages.--The Attorney General shall end, 
as of the date the Attorney General makes a decision under this 
subsection, the status of an alien spouse or alien son or daughter as 
an alien lawfully admitted for permanent residence and shall so notify 
the parties involved if, before the 2d anniversary of the date the 
alien acquired the status, the Attorney General decides that--
          (1) the qualifying marriage--
                  (A) was entered into to procure an alien's admission 
                as an immigrant; or
                  (B) has been annulled judicially or ended, except 
                through the death of a spouse; or
          (2) consideration was given, except to an attorney for 
        assistance in preparing the petition, for filing a petition for 
        the alien under section 2309(b) or 4301 (a) or (b) of this 
        title.
  (b) Untrue Petition Information.--If the Attorney General decides any 
information required by section 4504(b) of this title is not true, the 
Attorney General shall end, as of the date of the decision, the status 
of an alien spouse or alien son or daughter as an alien lawfully 
admitted for permanent residence and notify the parties involved.
  (c) Failure To File Petitions or Have Personal Interviews.--The 
Attorney General shall end, as of the 2d anniversary of the alien's 
lawful admission for permanent residence, the status of an alien spouse 
or alien son or daughter as an alien lawfully admitted for permanent 
residence if--
          (1) a petition is not submitted as required by section 
        4503(1) of this title; or
          (2) unless good cause is shown, the alien spouse and 
        petitioning spouse do not appear at the interview required by 
        section 4503(2) of this title.
  (d) Review of Decisions.--(1) An alien whose permanent resident 
status is ended under subsection (a) or (b) of this section may request 
a review of the decision in a removal proceeding. The burden of proof 
is on the Attorney General to establish by a preponderance of the 
evidence that--
          (A) if ended under subsection (a) of this section, a ground 
        described in subsection (a) is met; or
          (B) if ended under subsection (b) of this section, any 
        information required by section 4504(b) of this title about the 
        qualifying marriage is not true.
  (2) An alien whose permanent resident status is ended under 
subsection (c) of this section has the burden of proof in a removal 
proceeding of establishing compliance with section 4503 of this title.
Sec. 4508. Treatment of conditional basis period for naturalization 
                    purposes
  In carrying out subtitle V of this title, an alien who is in the 
United States as an alien lawfully admitted for permanent residence on 
a conditional basis under this subchapter is deemed to have been 
admitted and to be in the United States as an alien lawfully admitted 
for permanent residence.
Sec. 4509. Ending waivers
  A waiver under section 6302(a)(2) or 6309(b) of this title obtained 
by an alien to acquire the status of an alien lawfully admitted for 
permanent residence on a conditional basis under this subchapter ends 
when the status ends under this subchapter.

   SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN

Sec. 4521. Definitions
  In this subchapter--
          (1) ``alien child'' means an alien who acquires the status of 
        an alien lawfully admitted for permanent residence because the 
        alien is the child of an alien entrepreneur.
          (2) ``alien entrepreneur'' means an alien who acquires the 
        status of an alien lawfully admitted for permanent residence 
        under section 4104(f) of this title.
          (3) ``alien spouse'' means an alien who acquires the status 
        of an alien lawfully admitted for permanent residence because 
        the alien is the spouse of an alien entrepreneur.
Sec. 4522. Conditional basis of status
  (a) General.--An alien entrepreneur, alien spouse, or alien child, 
when acquiring the status of an alien lawfully admitted for permanent 
residence, acquires that status on a conditional basis as provided in 
this subchapter.
  (b) Notice Requirements.--When an alien entrepreneur, alien spouse, 
or alien child acquires the status of an alien lawfully admitted for 
permanent residence on a conditional basis under subsection (a) of this 
section, the Attorney General shall notify the entrepreneur, spouse, or 
child about this subchapter and the requirements of section 4523 of 
this title to have the conditional basis of the status removed. 
However, the failure of the Attorney General to provide notice does not 
affect the enforcement of this subchapter against the entrepreneur, 
spouse, or child.
Sec. 4523. General requirements to remove conditional basis
  To remove the conditional basis established under section 4522(a) of 
this title, the alien entrepreneur must--
          (1) submit to the Attorney General a petition requesting the 
        removal of the conditional basis and containing, under penalty 
        of perjury, the information described in section 4524(b) of 
        this section; and
          (2) appear before an officer or employee of the Immigration 
        and Naturalization Service for a personal interview about the 
        information required by section 4524(b) of this title.
Sec. 4524. Petitions
  (a) Time for Submission.--(1) Except as provided in paragraph (2) of 
this subsection, the petition required by section 4523(1) of this title 
must be submitted during the 90-day period immediately before the 2d 
anniversary that the alien acquired the status of an alien lawfully 
admitted for permanent residence.
  (2) A petition submitted after the 90-day period may be considered 
only if the alien satisfies the Attorney General that good cause and 
extenuating circumstances exist for not submitting the petition during 
that period.
  (3) The Attorney General may stay a removal proceeding against an 
alien who did not submit a petition within the 90-day period required 
under paragraph (1) of this subsection pending the submission of the 
petition under paragraph (2) of this subsection.
  (4) At or about the beginning of the 90-day period, the Attorney 
General shall try to notify the alien entrepreneur, alien spouse, or 
alien child of the requirements of section 4523 of this title. However, 
the failure of the Attorney General to provide notice does not affect 
the enforcement of this chapter against the entrepreneur, spouse, or 
child.
  (b) Contents.--Each petition shall contain information demonstrating 
that the alien--
          (1) established a commercial enterprise;
          (2) invested or was actively in the process of investing the 
        required capital; and
          (3) conducted the actions described in clauses (1) and (2) of 
        this subsection during the entire period of the alien's 
        residence in the United States.
Sec. 4525. Personal interviews
  (a) Time and Location Requirements.--(1) The personal interview 
required by section 4523(2) of this title shall be conducted--
          (A) within 90 days after the date a petition is submitted as 
        required by section 4523(1) of this title; and
          (B) at a local office of the Immigration and Naturalization 
        Service the Attorney General designates that is convenient to 
        the parties involved.
  (2) The Attorney General may waive the interview or the deadline for 
the interview when appropriate.
  (b) Decisions on Truthfulness of Statements.--Within 90 days after an 
interview is conducted under section 4523(2) of this title, the 
Attorney General shall decide whether the information in the petition 
and required by section 4524(b) of this title about the qualifying 
commercial enterprise is true.
Sec. 4526. Favorable decisions on removing the conditional basis
  If the Attorney General decides the information required by section 
4524(b) of this title is true, the Attorney General shall notify the 
alien involved and shall remove the conditional basis of the status of 
the alien effective on the 2d anniversary that the alien acquired the 
status of an alien lawfully admitted for permanent residence.
Sec. 4527. Unfavorable decisions on removing the conditional basis
  (a) Improper Qualifying Entrepreneurships.--The Attorney General 
shall end, as of the date the Attorney General makes a decision under 
this subsection, the status of an alien entrepreneur, alien spouse, and 
alien child as aliens lawfully admitted for permanent residence and 
shall so notify the alien entrepreneur if, before the 2d anniversary of 
the date the alien entrepreneur acquired the status, the Attorney 
General decides the alien entrepreneur--
          (1) established the commercial enterprise only to evade the 
        immigration laws of the United States;
          (2)(A) did not establish a commercial enterprise;
          (B) did not invest or was not actively in the process of 
        investing the required capital; or
          (C) was not conducting the actions described in subclauses 
        (A) and (B) of this clause during the entire period of the 
        alien's residence in the United States; or
          (3) otherwise was not complying with the requirements of 
        section 4104(f) of this title.
  (b) Untrue Petition Information.--If the Attorney General decides any 
information required by section 4524(b) of this title is not true, the 
Attorney General shall end, as of the date of the decision, the status 
of an alien entrepreneur, alien spouse, or alien child as an alien 
lawfully admitted for permanent residence and notify the alien 
involved.
  (c) Failure To File Petitions or Have Personal Interviews.--The 
Attorney General shall end, as of the 2d anniversary of the alien's 
lawful admission for permanent residence, the status of an alien 
entrepreneur as an alien lawfully admitted for permanent residence (and 
the status of the entrepreneur's spouse or child if acquired under 
section 4502(a) or 4522(a) of this title) if--
          (1) a petition is not submitted as required by section 
        4523(1) of this title; or
          (2) unless good cause is shown, the alien entrepreneur does 
        not appear at the interview required by section 4523(2) of this 
        title.
  (d) Review of Decisions.--(1) An alien whose permanent residence 
status is ended under subsection (a) or (b) of this section may request 
a review of the decision in a removal proceeding. The burden of proof 
is on the Attorney General to establish by a preponderance of the 
evidence that--
          (A) if ended under subsection (a) of this section, a ground 
        described in subsection (a) is met; or
          (B) if ended under subsection (b) of this section, the 
        information required by section 4524(b) of this title about the 
        qualifying commercial enterprise is not true.
  (2) An alien whose permanent residence status is ended under 
subsection (c) of this section has the burden of proof in a removal 
proceeding of establishing compliance with section 4523 of this title.
Sec. 4528. Treatment of conditional basis period for naturalization 
                    purposes
  In carrying out subtitle V of this title, an alien who is in the 
United States as an alien lawfully admitted for permanent residence on 
a conditional basis under this subchapter is deemed to have been 
admitted and to be in the United States as an alien lawfully admitted 
for permanent residence.

  CHAPTER 47--ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF THE 
                             UNITED STATES

Sec.
4701.  Definitions and application.
4702.  Validity and denial of visas.
4703.  Admission.
4704.  Rights, privileges, status, and benefits.
4705.  Nonexclusive procedure for acquiring status.
Sec. 4701. Definitions and application
  (a) Definitions.--In this chapter--
          (1) ``child'' has the same meaning given that term in section 
        108(a)(1)-(5) of this title.
          (2) ``principal alien'' means an alien born in Vietnam after 
        January 1, 1962, and before January 1, 1976, and fathered by a 
        citizen of the United States.
  (b) Application.--This chapter applies to an alien who resided in 
Vietnam on December 22, 1987, and who satisfies a consular officer or 
an officer of the Immigration and Naturalization Service after a face-
to-face interview that the alien is--
          (1) a principal alien;
          (2) the spouse or child of a principal alien and is 
        accompanying or following to join the principal alien; or
          (3) accompanying or following to join a principal alien and--
                  (A) is the natural mother of the principal alien or 
                the spouse or child of the mother; or
                  (B) has acted in effect as the principal alien's 
                mother, father, or next-of-kin or is the spouse or 
                child of the alien who has acted in that capacity.
Sec. 4702. Validity and denial of visas
  (a) Validity.--An immigrant visa issued under this chapter is valid 
for one year.
  (b) Denial of Visa.--An immigrant visa may not be issued to an alien 
described in section 4701(b)(3) of this title unless the consular 
officer referred to in section 4701(b) of this title decides that the 
alien's relationship with the principal alien is similar to that which 
exists between close family members and the admission of the alien is 
necessary for humanitarian purposes or to ensure family unity.
Sec. 4703. Admission
  (a) General.--Notwithstanding any numerical limitations specified in 
chapter 41 of this title, the Attorney General may admit an alien 
described in section 4701(b) of this title to the United States as an 
immigrant if the alien--
          (1) is admissible as an immigrant; and
          (2) is issued an immigrant visa and leaves Vietnam after 
        March 21, 1988.
  (b) Nonapplication and Waiver.--When deciding on an alien's 
admissibility as an immigrant under this chapter--
          (1) sections 6301 (a)(2)-(d) and 6306 (a)-(c) of this title 
        do not apply; and
          (2) the Attorney General, on the recommendation of a consular 
        officer after an investigation by the consular officer, on an 
        individual basis may waive any other provision of subchapter I 
        of chapter 63 of this title (except sections 6309(a)(3), 
        6310(a)-(c), and 6311) in writing for the alien for 
        humanitarian purposes, to ensure family unity, or when it is 
        otherwise in the public interest.
Sec. 4704. Rights, privileges, status, and benefits
  (a) Rights, Privileges, and Status.--The natural mother of the 
principal alien may not acquire any right, privilege, or status under 
this title because of that parentage after an alien described in 
section 4701(b)(3)(B) of this title is admitted to the United States.
  (b) Eligibility for Benefits.--(1) An alien admitted (or awaiting 
admission) to the United States under this chapter is eligible for 
benefits under subchapter I of chapter 131 of this title to the same 
extent as an individual admitted (or awaiting admission) under section 
5105 of this title.
  (2) Paragraph (1) of this subsection applies to an individual who 
leaves Vietnam after October 1, 1988, and--
          (A) is described in section 4701(b) of this section but is 
        issued an immigrant visa--
                  (i) under section 4103 of this title; or
                  (ii) because the individual is an alien described in 
                section 4102(d) of this title rather than an alien 
                referred to in section 4102(a), (b), or (c) of this 
                title; or
          (B) would be described in section 4701(b) of this title if 
        section 4701(b) also applied to principal aliens who were 
        citizens of the United States.
Sec. 4705. Nonexclusive procedure for acquiring status
  An alien eligible under this chapter to acquire the status of an 
alien lawfully admitted for permanent residence is not barred from 
seeking that status under any other provision of law under which the 
alien is eligible.

                       CHAPTER 49--MISCELLANEOUS

Sec.
4901.  Eligibility for visa after departing the United States.
4902.  Deposit of immigrant visa fees.
4901. Eligibility for visa after departing the United States
  (a) General.--An alien who has been physically present in the United 
States is eligible to receive an immigrant visa within 90 days after 
departing the United States if the alien--
          (1) was a lawful nonimmigrant at the time of the departure; 
        or
          (2)(A) is the spouse or unmarried child of an individual who 
        at any time became lawfully admitted for temporary or permanent 
        residence under chapter 93 of this title, section 210 of the 
        Immigration and Nationality Act, or section 202 of the 
        Immigration Reform and Control Act of 1986 (Public Law 99-603, 
        100 Stat. 3404);
          (B) was the spouse or unmarried child of that individual on 
        May 5, 1988;
          (C) entered the United States before May 5, 1988, resided in 
        the United States on May 5, 1988, and is not a lawful permanent 
        resident; and
          (D) applied for benefits under section 301(a) of the 
        Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029).
  (b) Ending date.--This section ends on October 1, 1997.
Sec. 4902. Deposit of immigrant visa fees
  Receipts received from an increase in the fee for an immigrant visa 
in effect on September 30, 1994, caused by processing an applicant's 
fingerprints shall be deposited in the Administration of Foreign 
Affairs Account as offsetting receipts and are available until 
expended.

                            PART C--REFUGEES

                         CHAPTER 51--ADMISSIONS

Sec.
5101.  Definition.
5102.  Annual worldwide numerical limitations.
5103.  Additional emergency numerical limitations.
5104.  Congressional consultation and hearings.
5105.  Admissions.
5106.  Asylum.
5107.  Adjustment of status.
Sec. 5101. Definition
  (a) Appropriate Consultation.--In this chapter, ``appropriate 
consultation'' means discussions in person between Cabinet-level 
representatives of the President and members of the Committees on the 
Judiciary of the Senate and House of Representatives on refugee 
admissions and the allocation of refugee admissions that--
          (1) review the worldwide refugee situation or an unforeseen 
        emergency refugee situation and estimate possible United States 
        participation in the situation;
          (2) consider the reasons for believing that the proposed 
        admissions are justified by humanitarian concerns or grave 
        humanitarian concerns or otherwise are in the interest of the 
        United States; and
          (3) provide the members with--
                  (A) a description of the nature of the refugee 
                situation;
                  (B) a description of the number and allocation of the 
                refugees to be admitted and an analysis of conditions 
                in the foreign countries from which they came;
                  (C) a description of the proposed plans and estimated 
                cost of moving and resettling the refugees;
                  (D) an analysis of the anticipated social, economic, 
                and demographic impact of the refugee admissions on the 
                United States;
                  (E) a description of the extent to which other 
                foreign countries will admit and assist in resettling 
                the refugees;
                  (F) an analysis of the impact of United States 
                participation in the resettlement of the refugees on 
                the foreign policy interests of the United States; and
                  (G) additional information that may be appropriate or 
                requested by the members.
  (b) Providing Information in Advance.--To the extent possible, 
information described in subsection (a)(3) of this section shall be 
provided at least 2 weeks before the discussions in person between the 
representatives of the President and the members.
Sec. 5102. Annual worldwide numerical limitations
  (a) General.--Before the beginning of each fiscal year and after 
appropriate consultation, the President shall establish for the fiscal 
year the number of refugee admissions to the United States justified by 
humanitarian concerns or otherwise in the interest of the United 
States. For any fiscal year, not more than 1,000 refugees may be 
admitted under this subsection or granted asylum under section 5106 of 
this title following a decision under section 131(b) of this title.
  (b) Allocation of Admissions.--After appropriate consultation, the 
President shall allocate admissions among refugees of special 
humanitarian concern to the United States.
  (c) Enumeration of Number of Aliens Granted Asylum.--When 
establishing the number of refugee admissions under subsection (a) of 
this section, the President also shall enumerate the number of aliens 
granted asylum during the prior fiscal year.
Sec. 5103. Additional emergency numerical limitations
  (a) Establishment of Number.--As provided in this section, the 
President may establish an additional number of refugee admissions to 
the United States for a succeeding period of not more than 12 months. 
The President may establish the additional number when the President 
decides, before the beginning of the period and after appropriate 
consultation, that--
          (1) an unforeseen emergency refugee situation exists;
          (2) the admission of certain refugees in response to the 
        situation is justified by grave humanitarian concerns or 
        otherwise is in the interest of the United States; and
          (3) the admission of the refugees cannot be carried out under 
        section 5102 of this title.
  (b) Allocation.--After appropriate consultation, the President shall 
allocate the admissions under subsection (a) of this section among 
refugees of special humanitarian concern to the United States.
Sec. 5104. Congressional consultation and hearings
  (a) Presidential Reports and Discussions.--Before the beginning of 
each fiscal year, the President shall report to the Committees on the 
Judiciary of the Senate and House of Representatives on the foreseeable 
number of refugees who will need resettlement during the fiscal year 
and the anticipated allocation of refugee admissions during that year. 
The President shall provide for periodic discussions between 
representatives of the President and members of the Committees on--
          (1) changes in the worldwide refugee situation;
          (2) the progress of refugee admissions; and
          (3) the possible need for changes in the allocation of 
        admissions among refugees.
  (b) Printing in Congressional Record.--As soon as possible after 
representatives of the President initiate appropriate consultation on 
the number of refugee admissions under section 5102 or 5103 of this 
title, the Committees shall have the substance of the consultations 
printed in the Congressional Record.
  (c) Committee Hearings.--After the President begins appropriate 
consultation before acting under section 5102 or 5103 of this title, 
each Committee shall hold a hearing to review the proposed action 
unless--
          (1) public disclosure of the details of the action would 
        jeopardize the lives or safety of individuals; and
          (2) if an action under section 5103, the time and nature of 
        the emergency refugee situation do not permit hearings.
Sec. 5105. Admissions
  (a) Authority of the Attorney General.--The Attorney General may 
admit a refugee under regulations the Attorney General prescribes and 
subject to the numerical limitations of sections 5102 and 5103 of this 
title. The Attorney General may admit the refugee when the refugee is--
          (1) not resettled firmly in a foreign country;
          (2) admissible (except as otherwise provided under 
        subsections (d) and (e) of this section) as an immigrant under 
        this title; and
          (3) of special humanitarian concern to the United States.
  (b) Burden of Proof.--An alien claiming refugee status has the burden 
of proving that the alien is entitled to that status.
  (c) Admission of Spouses and Children.--(1) The spouse or child (as 
defined in section 108(a) (1)-(5) of this title) of a refugee 
qualifying for admission under subsection (a) of this section is 
entitled to be admitted the same as the refugee if the spouse or child 
is--
          (A) accompanying or following to join the refugee;
          (B) not an individual referred to in section 131(a)(2) of 
        this title;
          (C) not admissible under subsection (a) of this section; and
          (D) admissible (except as otherwise provided under 
        subsections (d) and (e) of this section) as an immigrant under 
        this title.
  (2) The admission of the spouse or child shall be charged against the 
numerical limitation under which the refugee's admission is charged.
  (d) Nonapplication.--Sections 6301 (a)(2)-(d) and 6306 (a)-(c) of 
this title do not apply to an alien applying for admission under this 
section.
  (e) Waivers.--(1) The Attorney General may waive subchapter I of 
chapter 63 of this title (except sections 6309(a)(3), 6310 (a)-(c), and 
6311) for the alien--
          (A) for humanitarian purposes;
          (B) to ensure family unity; or
          (C) when otherwise in the public interest.
  (2) A waiver under paragraph (1) of this subsection shall be in 
writing and granted only after an investigation of the alien. The 
Attorney General shall report to Congress after the end of each fiscal 
year on the number of waivers granted in that fiscal year and a summary 
of the reasons for granting the waivers.
  (f) Certain Cuban Political Prisoners.--(1) In this subsection, 
``process'' means accepting and reviewing an application and preparing 
necessary documents and making appropriate decisions related to the 
application.
  (2) Consistent with the procedure applicable to similar cases in 
other foreign countries, and except as necessary to ensure the orderly 
process of available applicants, consular officers and appropriate 
officers of the Immigration and Naturalization Service shall process an 
application for admission to the United States as a refugee from a 
Cuban national imprisoned for political reasons by the Cuban Government 
for any period of time after December 31, 1958.
  (g) Ending Refugee Status.--Under regulations the Attorney General 
prescribes, the Attorney General may end the refugee status of an alien 
and the spouse and child of the alien on finding that the alien was not 
a refugee at the time of the alien's admission.
Sec. 5106. Asylum
  (a) Authority To Apply for Asylum.--(1) Any alien who is physically 
present in the United States or who arrives in the United States 
(whether or not at a designated port of arrival and including an alien 
who is brought to the United States after having been interdicted in 
international or United States waters), irrespective of the alien's 
status, may apply for asylum in accordance with this section or, where 
applicable, sections 6102(c)(1)(B) and 6105 of this title.
  (2) Paragraph (1) of this subsection does not apply to an alien--
          (A) if the Attorney General decides that the alien may be 
        removed, under a bilateral or multilateral agreement, to a 
        country (except the alien's country of nationality or, if the 
        alien has no nationality, the country in which the alien last 
        habitually resided) 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 complete and fair 
        procedure for deciding 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) unless the alien demonstrates by clear and convincing 
        evidence that the application has been filed within one year 
        after the date of the alien's arrival in the United States; or
          (C) if the alien has previously applied for asylum and the 
        application has been denied.
  (3) Notwithstanding paragraphs (2) (B) and (C) of this subsection, an 
application for asylum may be considered if the alien demonstrates to 
the satisfaction of the Attorney General the existence of--
          (A) changed circumstances which materially affect the 
        applicant's eligibility for asylum; or
          (B) extraordinary circumstances related to the delay in 
        filing an application within the period specified in paragraph 
        (2)(B) of this subsection.
  (4) No court may review a decision of the Attorney General under 
paragraph (2) or (3) of this subsection.
  (b) Conditions for Granting Asylum.--(1) 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 decides that the alien is a 
refugee within the meaning of section 131 of this title.
  (2) Paragraph (1) of this subsection does not apply to an alien if 
the Attorney General decides that--
          (A) the alien ordered, incited, assisted, or otherwise 
        participated in the persecution of an individual on account of 
        race, religion, nationality, membership in a particular social 
        group, or political opinion;
          (B) the alien, having been convicted by a final judgment of a 
        particularly serious crime, is a danger to the community of the 
        United States;
          (C) there are serious reasons to believe that the alien has 
        committed a serious nonpolitical crime outside the United 
        States before the alien arrived in the United States;
          (D) there are reasonable grounds to believe the alien is a 
        danger to the security of the United States;
          (E) the alien is inadmissible under section 6310(b)(2) (A)-
        (D) of this title or deportable under section 6508(b) of this 
        title, unless, in the case only of an alien inadmissible under 
        section 6310(b)(2)(D), the Attorney General decides that there 
        are not reasonable grounds to believe that the alien is a 
        danger to the security of the United States; or
          (F) the alien was firmly resettled in another country prior 
        to arriving in the United States.
  (3) The Attorney General by regulation may establish additional 
limitations and conditions, consistent with this section, under which 
an alien is ineligible for asylum under paragraph (1) of this 
subsection.
  (4)(A) For purposes of paragraph (2)(B) of this subsection, an alien 
who has been convicted of an aggravated felony is deemed to have been 
convicted of a particularly serious crime.
  (B) The Attorney General by regulation may designate offenses that 
will be deemed to be a crime described in paragraph (2) (B) or (C) of 
this subsection.
  (5) No court may review a decision of the Attorney General under 
paragraph (2)(E) of this subsection.
  (c) Granting Asylum to Spouses and Children.--The spouse or child (as 
defined in section 108(a) (1)-(5) of this title) of an alien granted 
asylum under subsection (b) of this section may, if not otherwise 
eligible for asylum under subsection (b), be granted asylum under 
subsection (b) if the spouse or child is accompanying or following to 
join the alien.
  (d) Procedure.--(1) The Attorney General shall establish a procedure 
for the consideration of asylum applications filed under subsection (a) 
of this section. The procedure shall provide that--
          (A) 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 establish 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;
          (B) 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;
          (C) 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;
          (D) any administrative appeal must 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 6704 of this title, whichever is later; and
          (E) for an applicant who, without prior authorization or in 
        the absence of exceptional circumstances, does not appear for 
        an interview or hearing, including a hearing under section 6704 
        of this title, the application may be dismissed or the 
        applicant otherwise may be sanctioned for failing to appear.
  (2) The Attorney General may require applicants to submit 
fingerprints and a photograph at the time and in the manner the 
Attorney General establishes by regulation.
  (3) The Attorney General by regulation may provide for additional 
limitations or conditions, consistent with this title, on the 
consideration of an application for asylum.
  (4) When an application for asylum is filed, the Attorney General 
shall--
          (A) advise the alien of the privilege of being represented by 
        counsel and of the consequences, under paragraph (5) of this 
        subsection, of knowingly filing a frivolous application; and
          (B) provide the alien a list of individuals (updated at least 
        quarterly) who have indicated their availability to represent 
        aliens in asylum proceedings on a pro bono basis.
  (5) If the Attorney General decides that an alien knowingly has made 
a frivolous application for asylum and has received the notice under 
paragraph (4)(A) of this subsection, the alien shall be ineligible 
permanently for any benefits under this title (except subchapter I of 
chapter 7, chapter 47, subchapters II and III of chapter 131, and 
chapters 133 and 135), effective as of the date of a final decision on 
the application.
  (6) This subsection does not create any substantive or procedural 
right or benefit that is legally enforceable by any party against the 
Federal Government or its departments, agencies, instrumentalities, or 
officers, or any other person.
  (e) 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 5107(b) of this 
title. The fees may not exceed the Attorney General's costs in 
adjudicating the applications. The Attorney General may provide for the 
assessment and payment of the fees over a period of time or by 
installments. This subsection does not--
          (1) require the Attorney General to charge fees for 
        adjudication services provided to asylum applicants; or
          (2) limit the authority of the Attorney General to set 
        adjudication and naturalization fees under section 903 of this 
        title.
  (f) Employment Authorization.--An applicant for asylum is not 
entitled to employment authorization, but authorization may be provided 
under regulation by the Attorney General. An applicant who otherwise is 
not eligible for employment authorization may not be granted the 
authorization prior to 180 days after the date of filing the 
application for asylum.
  (g) Asylum Status.--The Attorney General--
          (1) may not remove or return an alien granted asylum under 
        subsection (b) of this section to the alien's country of 
        nationality or, if the alien has no nationality, the country in 
        which the alien last habitually resided;
          (2) must authorize the alien to engage in employment in the 
        United States and provide the alien with appropriate 
        endorsement of that authorization; and
          (3) may allow the alien to travel outside the United States 
        with the prior consent of the Attorney General.
  (h) Termination of Asylum.--(1) Asylum granted under subsection (b) 
of this section does not convey a right to remain permanently in the 
United States, and may be terminated if the Attorney General decides 
that the alien--
          (A) no longer meets the conditions described in subsection 
        (b)(1) of this section because of a fundamental change in 
        circumstances;
          (B) meets a condition described in subsection (b)(2) of this 
        section;
          (C) may be removed, under a bilateral or multilateral 
        agreement, to a country (except the alien's country of 
        nationality or, if the alien has no nationality, the country in 
        which the alien last habitually resided) in which the alien's 
        life or freedom would not be threatened on account of race, 
        religion, nationality, membership in a particular social group, 
        or political opinion, and where the alien is eligible to 
        receive asylum or equivalent temporary protection;
          (D) voluntarily has availed himself or herself of the 
        protection of the alien's country of nationality or, if the 
        alien has no nationality, the country in which the alien last 
        habitually resided, by returning to the country with permanent 
        resident status or the reasonable possibility of obtaining that 
        status with the same rights and obligations pertaining to other 
        permanent residents of that country; or
          (E) has acquired a new nationality and enjoys the protection 
        of the country of the alien's new nationality.
  (2) An alien described in paragraph (1) of this subsection is subject 
to any applicable grounds of inadmissibility or deportability under 
subchapter I of chapter 63 or subchapter I of chapter 65 of this title. 
The Attorney General shall direct the alien's removal or return as 
provided in sections 6704, 6715, and 6716 of this title.
  (i) Expedited Removal for Denied Asylum Applicants.--(1) The Attorney 
General may provide for the expeditious adjudication of asylum claims 
and, unless an applicant for asylum remains in an otherwise valid 
nonimmigrant status, the expeditious removal of asylum applicants whose 
applications have been denied finally.
  (2) Not more than $91,000,000 may be appropriated to the Attorney 
General for the fiscal year ending September 30, 1998, to carry out 
this subsection.
Sec. 5107. Adjustment of status
  (a) Inspection and Examination of Refugees for Admission as 
Immigrants.--(1) An alien admitted as a refugee under section 5105 of 
this title and physically present in the United States for at least one 
year shall return or be returned to the custody of the Commissioner of 
Immigration and Naturalization at the end of the year for inspection 
and examination for admission as an immigrant under sections 6102 and 
6704 of this title if--
          (A) the refugee's status as a refugee has not been ended by 
        the Attorney General; and
          (B) the refugee has not been lawfully admitted for permanent 
        residence.
  (2) A refugee found to be admissible (except as otherwise provided 
under subsections (d)(2) and (e) of this section) as an immigrant under 
this title at the time of the refugee's inspection and examination 
under paragraph (1) of this subsection shall be lawfully admitted for 
permanent residence as of the date of the refugee's arrival in the 
United States. Admission is without regard to the numerical limitations 
of this title.
  (b) Aliens Granted Asylum.--(1) Under regulations the Attorney 
General prescribes, not more than 10,000 of the refugee admissions 
authorized in a fiscal year under section 5102 of this title may be 
made available by the Attorney General to adjust the status of aliens 
granted asylum under section 5106 of this title to that of aliens 
lawfully admitted for permanent residence. The status of an alien may 
be adjusted when the alien--
          (A) applies for the adjustment;
          (B) has been physically present in the United States for at 
        least one year after being granted asylum;
          (C) continues to be a refugee within the meaning of section 
        131 of this title or a spouse or child of the refugee;
          (D) is not resettled firmly in a foreign country; and
          (E) is admissible (except as otherwise provided under 
        subsections (d)(2) and (e) of this section) as an immigrant 
        under this title at the time of examination for the adjustment.
  (2) On approval of an application under paragraph (1) of this 
subsection, the Attorney General shall record the lawful admission for 
permanent residence of the alien as of the date one year before the 
date of approval.
  (c) Certain Former Asylees.--(1) Except as provided in paragraph (2) 
of this subsection and subsection (d)(1) of this section, subsection 
(b) of this section applies to an alien granted asylum before November 
29, 1990 (even if asylum had been ended under section 5106 of this 
title) who--
          (A) is no longer a refugee because of a change in 
        circumstances in a foreign country; and
          (B) was or would be qualified for adjustment of status under 
        subsection (b) of this section on November 29, 1990, except for 
        subsection (b)(1) (B) and (C) and the numerical limitation 
        under subsection (b).
  (2) The number of aliens who are natives of a foreign country who may 
adjust their status under paragraph (1) of this subsection in a fiscal 
year may not be more than the difference between the foreign country 
limitation established under section 4110(a) of this title and the 
number of aliens chargeable to the country in the fiscal year under 
section 4111 of this title.
  (d) Nonapplication.--(1) The numerical limitation of subsection (b) 
of this section does not apply to an alien described in subsection (c) 
of this section or to an alien who applied for adjustment of status 
under subsection (b) before June 2, 1990.
  (2) Sections 6301 (a)-(d) and 6306 (a)-(c) of this title do not apply 
to an alien seeking adjustment of status under this section.
  (e) Waiver.--The Attorney General may waive subchapter I of chapter 
63 of this title (except sections 6309(a)(3), 6310 (a)-(c), and 6311) 
for an alien--
          (1) for humanitarian purposes;
          (2) to ensure family unity; or
          (3) when otherwise in the public interest.

                     PART D--ADMISSION AND REMOVAL

                  CHAPTER 61--INSPECTION AND ADMISSION

                          SUBCHAPTER I--GENERAL

Sec.
6101.  Applicants for admission.
6102.  Inspection.
6103.  Presentation of documentation.
6104.  Physical and mental examinations.
6105.  Asylum interviews.
6106.  Limitations on review.
6107.  Aliens inadmissible on security and related grounds.
6108.  Presidential authority to limit admission of aliens.
6109.  Suspension of admission of aliens transported on certain 
          airlines.

               SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS

6121.  Parole.
6122.  Temporary admission of inadmissible nonimmigrants.
6123.  Accredited officials of foreign governments.
6124.  Alien witnesses.

                         SUBCHAPTER I--GENERAL

Sec. 6101. Applicants for admission
  (a) General.--An alien is deemed to be an applicant for admission if 
the alien--
          (1) is present in the United States and has not been 
        admitted; or
          (2) arrives in the United States (whether or not at a 
        designated port of arrival), including an alien who is brought 
        to the United States after being interdicted in international 
        or United States waters.
  (b) Stowaways.--(1) An arriving alien who is a stowaway--
          (A) is not an applicant for admission;
          (B) is not eligible to apply for admission or to be admitted; 
        and
          (C) is not eligible for a removal proceeding under section 
        6704 of this title.
  (2) On inspection by an immigration officer, an arriving alien who is 
a stowaway shall be ordered removed. If the alien indicates an 
intention to apply for asylum under section 5106 of this title or a 
fear of persecution, the officer shall refer the alien for an asylum 
interview under section 6105 of this title. A stowaway may apply for 
asylum only if found to have a credible fear of persecution under 
section 6105.
  (c) Withdrawal of Application for Admission.--At any time, the 
Attorney General may permit an alien applying for admission to withdraw 
the application for admission and to depart immediately from the United 
States.
Sec. 6102. Inspection
  (a) General.--An alien (including an alien crewmember) who is an 
applicant for admission or otherwise seeking admission or readmission 
to or transit through the United States shall be inspected by an 
immigration officer.
  (b) Statements.--An applicant for admission may be required to state 
under oath any information sought by an immigration officer about the 
purposes and intentions of the applicant in seeking admission to the 
United States, including the applicant's intended length of stay, 
whether the applicant intends to remain permanently or become a citizen 
of the United States, and whether the applicant is inadmissible.
  (c) Inspection of Arriving Aliens and Certain Other Aliens Not 
Admitted or Paroled.--(1) If an immigration officer decides that an 
alien (except an alien described in paragraph (3) of this subsection) 
who is arriving in the United States or is described in paragraph (2) 
of this subsection is inadmissible under section 6301(a) or 6303 (a) or 
(b) of this title--
          (A) the officer shall order the alien removed from the United 
        States without further hearing or review; or
          (B) if the alien indicates an intention to apply for asylum 
        under section 5106 of this title or a fear of persecution, the 
        officer shall refer the alien for an asylum interview under 
        section 6105 of this title.
  (2)(A) The Attorney General may apply paragraph (1) of this 
subsection to any alien described in subparagraph (B) of this paragraph 
as designated by the Attorney General. A designation under this 
paragraph is in the sole and unreviewable discretion of the Attorney 
General and may be modified at any time.
  (B) An alien described in this subparagraph is an alien who--
          (i) is not described in paragraph (3) of this subsection;
          (ii) has not been admitted or paroled into the United States; 
        and
          (iii) has not affirmatively shown, to the satisfaction of an 
        immigration officer, that the alien has been physically present 
        in the United States continuously for the 2-year period 
        immediately before the date of the decision of inadmissibility 
        under this subsection.
  (3) This subsection does not apply to an alien who--
          (A) is a native or citizen of a country in the Western 
        Hemisphere with whose government the Federal Government does 
        not have full diplomatic relations; and
          (B) arrives by aircraft at a port of entry.
  (d) Inspection of Other Aliens.--(1) Subject to paragraphs (2) and 
(3) of this subsection, if an immigration officer decides that an alien 
who is an applicant for admission is not clearly and beyond a doubt 
entitled to be admitted, the alien shall be detained for a proceeding 
under section 6704 of this title.
  (2) Paragraph (1) of this subsection does not apply to an alien--
          (A) who is a stowaway;
          (B) who is a crewmember; or
          (C) to whom subsection (c) of this section applies.
  (3) If an alien described in paragraph (1) of this subsection arrives 
on land (whether or not at a designated port of arrival) from a foreign 
territory contiguous to the United States, the Attorney General may 
return the alien to that territory pending a proceeding under section 
6704 of this title.
  (e) Challenge of Decision.--The decision of the immigration officer 
conducting the inspection, if favorable to the admission of an alien, 
is subject to challenge by any other immigration officer. A challenge 
operates to take the alien before an immigration judge for a proceeding 
under section 6704 of this title.
Sec. 6103. Presentation of documentation
  (a) Immigrant Arrivals.--An alien arriving in the United States as an 
immigrant shall surrender the alien's immigrant visa to the immigration 
officer at the port of entry. The immigration officer shall endorse on 
the visa--
          (1) the date and the port of arrival;
          (2) the identity of the vessel, aircraft, or other means of 
        transportation; and
          (3) any other information required by regulation.
  (b) Nonimmigrant Arrivals.--(1) Except as provided in paragraph (2) 
of this subsection, an alien arriving in the United States as a 
nonimmigrant shall present or surrender to the immigration officer at 
the port of entry any documentation required by regulation.
  (2) An alien arriving in the United States as a nonimmigrant 
crewmember and in possession of a passport and no other documentation 
may be admitted until it is practicable to issue documentation to the 
alien if--
          (A) the name of the crewmember is on the crew list of the 
        vessel or aircraft on which the crewmember arrives;
          (B) a consular officer has visaed the crew list (but the 
        consular officer may exclude a crewmember from the crew list 
        visa); and
          (C) the alien is otherwise admissible.
  (c) Records of Admission.--The Attorney General shall file--
          (1) as a record of an alien's admission, an immigrant visa 
        surrendered by the alien under subsection (a) of this section; 
        and
          (2) a record of admission to the United States that the 
        Attorney General considers necessary to enforce the immigration 
        laws, on the admission of--
                  (A) a returning resident immigrant under section 
                4311(b) of this title; or
                  (B) a nonimmigrant.
Sec. 6104. Physical and mental examinations
  (a) General.--An alien (including an alien crewmember) arriving in 
the United States shall be detained for a sufficient time for 
observation and a physical and mental examination under this section to 
determine whether the alien is inadmissible under section 6304 of this 
title.
  (b) Conduct of Examination.--(1) An examination under this section 
shall be conducted under administrative regulations prescribed by the 
Attorney General and medical regulations prescribed by the Secretary of 
Health and Human Services.
  (2)(A) The examination shall be conducted by a medical officer of the 
Public Health Service. However, if a medical officer of the Public 
Health Service is not available, the Attorney General may employ, on 
terms the Attorney General prescribes, a civil surgeon with at least 4 
years of professional experience.
  (B) A physician of the armed forces of the United States with at 
least 4 years of professional experience is deemed to be a civil 
surgeon under subparagraph (A) of this paragraph if the alien to be 
examined is a special immigrant as defined in section 133(a)(13) of 
this title.
  (c) Officers Trained in Mental Examinations.--Medical officers of the 
Public Health Service, specially trained in diagnosing mental 
disorders, shall be assigned to ports of entry designated by the 
Attorney General. The Attorney General shall provide them with 
interpreters and suitable facilities for the detention and examination 
of arriving aliens suspected of being inadmissible under section 6304 
of this title.
  (d) Certification of Medical Conditions.--The physician conducting 
the examination shall certify, for the information of immigration 
officers and immigration judges, any observation by the physician that 
the alien has a condition described in section 6304 of this title. If 
the physician determines that the alien is inadmissible, is helpless 
from sickness, physical or mental disability, or infancy, and is 
accompanied by another alien whose protection or guardianship may be 
required, the physician may certify those facts for purposes of 
applying section 6305 of this title.
  (e) Appeal of Certification.--An alien certified under this section 
as having a condition described in section 6304 of this title may 
appeal the certification to a board of medical officers of the Public 
Health Service convened by the Secretary. The alien may present before 
the board, at the alien's expense, one expert medical witness.
Sec. 6105. Asylum interviews
  (a) Definitions.--In this section--
          (1) ``asylum officer'' means an immigration officer who--
                  (A) has had professional training in country 
                conditions, asylum law, and interview techniques 
                comparable to that provided to full-time adjudicators 
                of applications under section 5106 of this title; and
                  (B) is supervised by an officer who meets the 
                condition described in subclause (A) of this clause and 
                has had substantial experience adjudicating asylum 
                applications.
          (2) ``credible fear of persecution'' means a significant 
        possibility, taking into account the credibility of the 
        statements made by the alien in support of the alien's claim 
        and other facts known to the officer, that the alien could 
        establish eligibility for asylum under section 5106 of this 
        title.
  (b) Conduct of Interview.--An asylum officer shall conduct an 
interview of an alien referred for an interview under this section. The 
interview may be conducted at a port of entry or other place designated 
by the Attorney General.
  (c) Credible Fear of Persecution.--If the asylum officer decides that 
the alien has a credible fear of persecution, the alien shall be 
detained for further consideration of the application for asylum.
  (d) No Credible Fear of Persecution.--(1) Subject to paragraph (3) of 
this subsection, if the asylum officer decides that the 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.
  (2) The officer shall prepare a written record of a decision under 
paragraph (1) of this subsection. The record shall include a summary of 
the material facts as stated by the applicant, any additional facts 
relied on by the officer, and the officer's analysis of why, in the 
light of those facts, the alien has not established a credible fear of 
persecution. A copy of the officer's interview notes shall be attached 
to the written summary.
  (3) The Attorney General shall provide by regulation for prompt 
review by an immigration judge, on the alien's request, of a decision 
under paragraph (1) of this subsection that the alien does not have a 
credible fear of persecution. The review shall include an opportunity 
for the alien to be heard and questioned by the immigration judge, in 
person or by telephone or video connection. Review shall be concluded 
as expeditiously as possible, and to the maximum extent practicable 
within 24 hours, but in no case later than 7 days after the date of the 
decision under paragraph (1).
  (4) An alien subject to the procedures under this subsection shall be 
detained pending a final decision of credible fear of persecution and, 
if found not to have such a fear, until removed.
  (e) Information and Consultation About Interviews.--(1) The Attorney 
General shall provide information about the asylum interview described 
in this section to aliens who may be eligible.
  (2) Under regulations prescribed by the Attorney General, an alien 
who is eligible for an asylum interview may consult with one or more 
individuals of the alien's choosing before the interview and any review 
of the interview. The consultation shall be at no expense to the 
Federal Government and may not unreasonably delay the process.
Sec. 6106. Limitations on review
  (a) Limitation on Administrative Review.--Except as provided in 
section 6105(d)(3) of this title, a removal order entered under section 
6102(c)(1)(A) or 6105(d)(1) of this title is not subject to 
administrative appeal, except that the Attorney General shall provide 
by regulation for prompt review of an order under section 6102(c)(1)(A) 
against an alien who claims under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, after having been warned of 
the penalties for falsely making such a claim, to have been--
          (1) lawfully admitted for permanent residence;
          (2) admitted as a refugee under section 5105 of this title; 
        or
          (3) granted asylum under section 5106 of this title.
  (b) Limit on Collateral Attack.--In an action brought against an 
alien under section 10148(b) or 10149(a) of this title, the court does 
not have jurisdiction to hear any claim attacking the validity of an 
order of removal entered under section 6102(c)(1)(A) or 6105(d) of this 
title.
Sec. 6107. Aliens inadmissible on security and related grounds
  (a) Action by Immigration Officer.--If an immigration officer or an 
immigration judge suspects that an arriving alien may be inadmissible 
under section 6310 (a) (1)-(3), (b), or (c) of this title, the officer 
or judge shall--
          (1) order the alien removed, subject to review under 
        subsection (b) of this section;
          (2) report the order of removal to the Attorney General; and
          (3) not conduct any further inquiry or hearing until ordered 
        by the Attorney General.
  (b) Review by Attorney General.--(1) The Attorney General shall 
review orders issued under subsection (a) of this section.
  (2) The Attorney General may order the alien removed without further 
inquiry or hearing by an immigration judge if the Attorney General--
          (A) is satisfied on the basis of confidential information 
        that the alien is inadmissible under a provision referred to in 
        subsection (a) of this section; and
          (B) after consulting with appropriate security agencies of 
        the Federal Government, concludes that disclosure of the 
        information would be prejudicial to the public interest, 
        safety, or security.
  (3) If the Attorney General does not order the removal of the alien 
under paragraph (2) of this subsection, the Attorney General shall 
specify the further inquiry or hearing that shall be conducted in the 
case.
  (c) 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.
Sec. 6108. Presidential authority to limit admission of aliens
  (a) General.--When the President finds that the admission of aliens 
or a class of aliens into the United States would be detrimental to the 
interests of the United States, the President, by proclamation, may 
suspend the admission of all aliens or a class of aliens or impose 
restrictions on their admission, for any period the President considers 
necessary.
  (b) United Nations Representatives Engaged in Espionage.--The 
President shall use the authority of the President, including the 
authority contained in section 6 of the Joint Resolution of August 4, 
1947 (known as the United Nations Headquarters Agreement Act) (22 
U.S.C. 287 note), to deny admission of an individual to the United 
States as a representative to the United Nations if the President 
determines that the individual has been found to have been engaged in 
espionage activities directed against the United States or its allies 
and may pose a threat to the security interests of the United States. 
The President may waive this subsection if the President decides, and 
notifies Congress, that the waiver is in the security interests of the 
United States.
  (c) Immediate Relatives and Business Partners of Drug Traffickers.--
The President shall take all reasonable steps provided by law to ensure 
that the immediate relatives of an individual described in section 
487(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291f(a)), and 
the business partners of an individual or entity described in section 
487(a), are not admitted to the United States.
Sec. 6109. Suspension of admission of aliens transported on certain 
                    airlines
  If the Attorney General finds that a commercial airline has failed to 
comply with regulations of the Attorney General related to requirements 
of airlines for the detection of fraudulent documents used by 
passengers traveling to the United States (including the training of 
personnel in that detection), the Attorney General may suspend the 
admission of some or all aliens transported to the United States by 
that airline.

               SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS

Sec. 6121. Parole
  (a) General.--Except as provided in section 2305(c) of this title, 
the Attorney General, on a case-by-case basis for urgent humanitarian 
reasons or significant public benefit, may parole temporarily into the 
United States an alien applying for admission. However, if the alien is 
a refugee, the Attorney General may parole the alien only if the 
Attorney General finds compelling reasons in the public interest 
requiring the alien to be paroled instead of admitted as a refugee. 
Parole of an alien under this section is--
          (1) subject to conditions the Attorney General may prescribe; 
        and
          (2) not an admission to the United States.
  (b) End of Parole.--When the Attorney General is of the opinion that 
the purposes of the parole have been served, the alien immediately 
shall return or be returned to the custody from which the alien was 
paroled. Thereafter, the alien's application for admission shall 
continue to be considered in the same manner as the application of any 
other alien for admission.
Sec. 6122. Temporary admission of inadmissible nonimmigrants
  (a) Visas.--An alien applying for a nonimmigrant visa who a consular 
officer believes is ineligible for a visa under subchapter I of chapter 
63 of this title may be issued a nonimmigrant visa and admitted 
temporarily as a nonimmigrant if the Attorney General approves a 
recommendation by the officer or the Secretary of State that the alien 
be admitted temporarily despite the alien's inadmissibility.
  (b) Admissions.--An alien inadmissible under subchapter I of chapter 
63 of this title may be admitted temporarily as a nonimmigrant if the 
alien is--
          (1) in possession of appropriate documentation; or
          (2) granted a waiver of the documentation requirements.
  (c) Conditions To Control Admission and Return.--The Attorney General 
shall prescribe conditions, including the filing of a bond as 
necessary, to control the admission and return of aliens applying for 
admission under this section.
  (d) Nonapplication.--Subsections (a) and (b) of this section do not 
apply to an alien who is inadmissible under section 6310(a) (1), (3), 
or (4) or (c) or 6311 of this title.
Sec. 6123. Accredited officials of foreign governments
  On a reciprocal basis, an accredited official of a government of a 
foreign country, and the official's immediate family, attendants, 
servants, and personal employees, may be admitted for immediate and 
continuous transit through the United States without regard to 
subchapter I of chapter 63 of this title (except sections 6301(a)(1) 
and 6310 (a)-(c)).
Sec. 6124. Alien witnesses
  (a) Waivers.--The Attorney General may waive the requirements of 
section 2121(a) of this title and the grounds of inadmissibility in 
subchapter I of chapter 63 of this title (except section 6311) for an 
alien applying as a nonimmigrant classified under section 2326 of this 
title if the Attorney General considers it in the national interest to 
do so.
  (b) Removal for Nondisclosure or Subsequent Conduct.--This section 
does not prevent initiation of a removal proceeding against an alien 
admitted as a nonimmigrant classified under section 2326 of this title, 
for--
          (1) conduct or a condition that was not disclosed to the 
        Attorney General before the alien's admission as a nonimmigrant 
        classified under that section; or
          (2) conduct committed after the alien's admission to the 
        United States.

                      CHAPTER 63--INADMISSIBILITY

                          SUBCHAPTER I--GROUNDS

Sec.
6301.  Lack of documentation.
6302.  Present without admission or parole.
6303.  Fraud and misrepresentation.
6304.  Health.
6305.  Aliens accompanying aliens who are inadmissible for health or 
          infancy.
6306.  Public charges.
6307.  Stowaways.
6308.  Encouraging others to enter illegally.
6309.  Criminal and immoral acts.
6310.  National security.
6311.  Participation in Nazi persecution or genocide.
6312.  Ineligible for citizenship.
6313.  Former citizens who renounced citizenship to avoid taxation.
6314.  Evasion of military service.
6315.  Student visa abusers.
6316.  International child abduction.
6317.  Aliens leaving Guam, Puerto Rico, or the Virgin Islands.
6318.  Failure to attend removal proceeding.
6319.  Aliens previously removed.

                    SUBCHAPTER II--RELATED PROVISIONS

6331.  Sponsor's affidavit of support.

                         SUBCHAPTER I--GROUNDS

Sec. 6301. Lack of documentation
  (a) General.--An alien is ineligible for admission to the United 
States if the alien is seeking admission as--
          (1) a nonimmigrant and does not satisfy the documentation 
        requirements of section 2121 of this title; or
          (2) an immigrant and does not satisfy the documentation 
        requirements of section 4311 of this title.
  (b) Labor Certifications.--An alien is ineligible for a visa or 
admission to the United States if the alien is seeking admission as an 
immigrant to perform skilled or unskilled labor and the Secretary of 
Labor has not issued the certification required by section 
4104(g)(2)(A) of this title.
  (c) Graduates of Non-Accredited Medical Schools.--An alien is 
ineligible for a visa or admission to the United States if the alien--
          (1) is seeking admission as an immigrant principally to 
        perform services as a member of the medical profession;
          (2) is a graduate of a medical school not accredited by an 
        entity approved by the Secretary of Education; and
          (3) has not satisfied the requirements of section 4104(g)(1) 
        of this title.
  (d) Uncertified Foreign Health-Care Workers.--An alien is ineligible 
for a visa or admission to the United States if the alien--
          (1) is seeking admission to perform labor as a health-care 
        worker other than as a physician; and
          (2) has not satisfied the requirements of section 4104(g)(3) 
        of this title.
Sec. 6302. Present without admission or parole
  (a) General.--An alien is ineligible for a visa or admission to the 
United States if the alien--
          (1) is present in the United States without having been 
        admitted or paroled; or
          (2) arrives in the United States at a time or place not 
        designated by the Attorney General.
  (b) Exception for Battered Women and Children.--Subsection (a) of 
this section does not apply to an alien who demonstrates that--
          (1) the alien qualifies for immigrant status under section 
        4301(a) (3), (4), (6), or (7) of this title;
          (2)(A) the alien has been battered or subjected to extreme 
        cruelty by--
                  (i) a spouse or parent; or
                  (ii) a member of the spouse's or parent's family 
                residing in the same household as the alien, with the 
                spouse or parent consenting to or acquiescing in the 
                battery or cruelty; or
          (B) the alien's child has been battered or subjected to 
        extreme cruelty by--
                  (i) a spouse or parent of the alien, without the 
                alien actively participating in the battery or cruelty; 
                or
                  (ii) a member of the spouse's or parent's family 
                residing in the same household as the alien, with the 
                spouse or parent consenting to or acquiescing in the 
                battery or cruelty, and without the alien actively 
                participating in the battery or cruelty; and
          (3) a substantial connection exists between the battery or 
        cruelty described in clause (1) or (2) of this subsection and 
        the alien's unlawful entry into the United States.
  (c) Nonapplication.--The requirements of subsection (b)(2) and (3) of 
this section do not apply to an alien who demonstrates that the alien 
first arrived in the United States before April 1, 1997.
Sec. 6303. Fraud and misrepresentation
  (a) General.--(1) An alien is ineligible for a visa or admission to 
the United States if the alien, by fraud or willful misrepresentation 
of a material fact, obtained, or attempted or attempts to obtain, a 
visa, other documentation, admission to the United States, or another 
benefit under this title (except subchapter I of chapter 7, chapter 47, 
subchapters II and III of chapter 131, and chapters 133 and 135).
  (2) The Attorney General may waive paragraph (1) of this subsection 
for an immigrant if--
          (A) the immigrant is the spouse, son, or daughter of a 
        citizen of the United States or of an alien lawfully admitted 
        for permanent residence; and
          (B) the Attorney General is satisfied that refusal of 
        admission of the immigrant would result in extreme hardship to 
        the citizen or lawfully resident spouse or parent of the 
        immigrant.
  (3) No court has jurisdiction to review a decision of the Attorney 
General about a waiver under paragraph (2) of this subsection.
  (b) False Claim of Citizenship.--An alien is ineligible for a visa or 
admission to the United States if the alien falsely claims, or has 
falsely claimed, to be a citizen of the United States for any purpose 
or benefit under any federal or state law.
  (c) Subject to Civil Penalty for Document Fraud.--(1) An alien is 
ineligible for a visa or admission to the United States if the alien is 
the subject of a final order for violation of section 10125(b) of this 
title.
  (2) The Attorney General may waive paragraph (1) of this subsection 
for humanitarian purposes or to ensure family unity if--
          (A) the alien--
                  (i) is lawfully admitted for permanent residence, 
                proceeded temporarily abroad voluntarily and not under 
                an order of deportation or removal, and is otherwise 
                admissible to the United States as a returning resident 
                under section 4311(b) of this title; or
                  (ii) is seeking admission or readjustment of status 
                under section 4102(d)(6) or (7) or 4103 of this title;
          (B) a previous civil monetary penalty was not imposed against 
        the alien under section 10125 of this title; and
          (C) the offense was committed only to assist, aid, or support 
        the alien's spouse or child (and no other individual).
  (3) No court has jurisdiction to review a decision of the Attorney 
General about a waiver under paragraph (2) of this subsection.
Sec. 6304. Health
  (a) Communicable Diseases.--(1) An alien is ineligible for a visa or 
admission to the United States if the alien is found, under regulations 
prescribed by the Secretary of Health and Human Services, to have a 
communicable disease of public health significance or to be infected 
with the etiologic agent for acquired immune deficiency syndrome.
  (2)(A) The Attorney General may waive paragraph (1) of this 
subsection for an alien who--
          (i) is the spouse, unmarried son, unmarried daughter, or 
        adopted child of a citizen of the United States, of an alien 
        lawfully admitted for permanent residence, or of an alien who 
        has been issued an immigrant visa; or
          (ii) has a son or daughter who is a citizen of the United 
        States, an alien lawfully admitted for permanent residence, or 
        an alien who has been issued an immigrant visa.
  (B) A waiver under this paragraph is subject to any conditions, 
including the filing of a bond, that the Attorney General may prescribe 
by regulation after consultation with the Secretary.
  (b) Failure To Be Vaccinated.--(1) An alien is ineligible for a visa 
or admission to the United States if the alien--
          (A) is seeking admission as an immigrant or adjustment of 
        status to the status of an alien lawfully admitted for 
        permanent residence; and
          (B) has failed to present documentation of having received--
                  (i) vaccination against vaccine-preventable diseases, 
                including at least the following diseases: mumps, 
                measles, rubella, polio, tetanus and diphtheria 
                toxoids, pertussis, influenza type B, and hepatitis B; 
                and
                  (ii) any other vaccinations against vaccine-
                preventable diseases recommended by the Advisory 
                Committee for Immunization Practices.
  (2) The Attorney General may waive paragraph (1) of this subsection 
for an alien if--
          (A) the alien receives vaccination against the vaccine-
        preventable diseases for which the alien has failed to present 
        documentation of previous vaccination;
          (B) a civil surgeon, medical officer, or panel physician (as 
        those terms are defined by section 34.2 of title 42 of the Code 
        of Federal Regulations) certifies, under regulations the 
        Secretary may prescribe, that vaccination of the alien would 
        not be medically appropriate; or
          (C) under circumstances the Attorney General provides by 
        regulation, the requirement of a vaccination would be contrary 
        to the alien's religious beliefs or moral convictions.
  (c) Physical or Mental Disorders.--(1) An alien is ineligible for a 
visa or admission to the United States if the alien is found, under 
regulations prescribed by the Secretary in consultation with the 
Attorney General--
          (A) to have a physical or mental disorder and behavior 
        associated with the disorder that may pose, or has posed, a 
        threat to the property, safety, or welfare of the alien or 
        others; or
          (B) to have had a physical or mental disorder and a history 
        of behavior associated with the disorder, which behavior has 
        posed a threat to the property, safety, or welfare of the alien 
        or others and which behavior is likely to recur or to lead to 
        other harmful behavior.
  (2) The Attorney General may waive paragraph (1) of this subsection 
for any alien. A waiver under this paragraph is subject to any 
conditions, including the filing of a bond, that the Attorney General 
may prescribe by regulation after consultation with the Secretary.
  (d) Drug Abusers or Addicts.--An alien is ineligible for a visa or 
admission to the United States if the alien is found, under regulations 
prescribed by the Secretary, to be a drug abuser or addict.
Sec. 6305. Aliens accompanying aliens who are inadmissible for health 
                    or infancy
  An alien is ineligible for a visa or admission to the United States 
if--
          (1) the alien is accompanying another alien who is 
        inadmissible and who is certified to be helpless from sickness, 
        physical or mental disability, or infancy under section 6104(d) 
        of this title; and
          (2) the alien's protection or guardianship is required by the 
        alien who is certified to be helpless as described in clause 
        (1) of this subsection.
Sec. 6306. Public charges
  (a) General.--(1) An alien is ineligible for a visa or admission to 
the United States if, in the opinion of the consular officer at the 
time of application for a visa, or in the opinion of the Attorney 
General at the time of application for admission or adjustment of 
status, the alien is likely at any time to become a public charge.
  (2)(A) In determining whether an alien is likely to become a public 
charge, the consular officer or the Attorney General shall consider, at 
a minimum, the alien's--
          (i) age;
          (ii) health;
          (iii) family status;
          (iv) assets, resources, and financial status; and
          (v) education and skills.
  (B) In addition to the factors in subparagraph (A) of this paragraph, 
the consular officer or the Attorney General may also consider any 
affidavit of support under section 6331 of this title.
  (b) Family-Sponsored Immigrants.--An alien seeking admission or 
adjustment of status under a visa number issued under section 4102(d) 
(6), (7), or (8) or 4103 of this title is ineligible for a visa or 
admission under subsection (a) of this section unless--
          (1) the alien has obtained--
                  (A) status as a spouse or child of a United States 
                citizen under section 4301(a) (2), (3), or (4) of this 
                title; or
                  (B) classification under section 4301(a)(6) or (7) of 
                this title; or
          (2) the person petitioning for the alien's admission 
        (including any additional sponsor required under section 
        6331(b)(5) of this title) has executed an affidavit of support 
        described in section 6331 for the alien.
  (c) Certain Employment-Based Immigrants.--An alien seeking admission 
or adjustment of status under a visa number issued under section 4104 
of this title based on a classification petition filed by a relative of 
the alien (or by an entity in which the relative has a significant 
ownership interest) is ineligible for a visa or admission under 
subsection (a) of this section unless the relative has executed an 
affidavit of support described in section 6331 of this title for the 
alien.
  (d) Admission on Bond.--(1) The Attorney General may admit an alien 
who is ineligible for a visa or admission under subsection (a) of this 
section if--
          (A) the alien is otherwise admissible and files a bond or 
        undertaking approved by the Attorney General; and
          (B) the requirements for an affidavit of support and the 
        attribution of sponsor's income and resources under section 
        6331 of this title are met.
  (2) A bond or undertaking under this subsection shall--
          (A) be in an amount and contain conditions the Attorney 
        General prescribes; and
          (B) be for the benefit of the United States, States, 
        territories and possessions of the United States, and political 
        subdivisions, holding them harmless against the alien's 
        becoming a public charge.
  (3) When the alien permanently departs from the United States, is 
naturalized, or dies, the bond terminates and the security held to 
secure performance, except to the extent forfeited for a violation of 
the bond, shall be returned to the person providing it or to the 
person's legal representative.
  (4) The Attorney General may bring a civil action on the bond in the 
name of the United States for the benefit of the United States or of a 
State, territory, possession, or political subdivision in which the 
alien becomes a public charge, regardless of whether a demand for 
payment of public expenses has been made.
Sec. 6307. Stowaways
  An alien who is a stowaway is ineligible for a visa or admission to 
the United States.
Sec. 6308. Encouraging others to enter illegally
  (a) General.--An alien is ineligible for a visa or admission to the 
United States if the alien at any time knowingly encouraged, induced, 
or assisted another alien to enter or attempt to enter the United 
States in violation of law.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an alien who--
          (1) is an eligible immigrant under section 301(b) of the 
        Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029);
          (2) was physically present in the United States on May 5, 
        1988;
          (3) is seeking--
                  (A) admission as an immediate relative;
                  (B) admission under section 4103(c) of this title 
                (including under section 112 of the Immigration Act of 
                1990 (Public Law 101-649, 104 Stat. 4987)); or
                  (C) benefits under section 301(a) of that Act (104 
                Stat. 5029); and
          (4) before May 5, 1988, encouraged, induced, or assisted only 
        the alien's spouse, parent, son, or daughter (and no other 
        individual) to enter the United States in violation of law.
  (c) Waivers.--The Attorney General may waive subsection (a) of this 
section for humanitarian purposes, to ensure family unity, or when it 
is otherwise in the public interest, for an alien who--
          (1)(A) is lawfully admitted for permanent residence, 
        proceeded temporarily abroad voluntarily and not under an order 
        of removal, and is otherwise admissible as a returning resident 
        under section 4311(b) of this title; or
          (B) is seeking admission or adjustment of status as an 
        immediate relative or immigrant under section 4103 (b), (c), or 
        (d) of this title; and
          (2) has encouraged, induced, or assisted only an individual 
        who at the time of that action was the alien's spouse, parent, 
        son, or daughter (and no other individual) to enter the United 
        States in violation of law.
Sec. 6309. Criminal and immoral acts
  (a) General.--Each of the following aliens is ineligible for a visa 
or admission to the United States:
          (1) An alien who has been convicted of, admits having 
        committed, or admits having committed acts that are the 
        essential elements of, an offense involving moral turpitude 
        (except a purely political offense) or an attempt or conspiracy 
        to commit such an offense, but this clause does not apply to an 
        alien who has committed only one offense if--
                  (A) the alien committed the offense when less than 18 
                years of age, and committed the offense and was 
                released from any confinement to a correctional 
                institution imposed for the offense more than 5 years 
                before applying for a visa or other documentation and 
                for admission; or
                  (B) the maximum imprisonment for the offense was not 
                more than one year and the alien was not sentenced to 
                more than 6 months, regardless of the extent to which 
                the sentence was ultimately executed.
          (2) An alien who has been convicted of, admits having 
        committed, or admits having committed acts that are the 
        essential elements of, a violation of, or an attempt or 
        conspiracy to violate, a law or regulation of a State, the 
        United States, or a foreign country related to a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)).
          (3) An alien who a consular officer or an immigration officer 
        knows or reasonably believes is or has been--
                  (A) unlawfully trafficking in a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)); or
                  (B) knowingly assisting, conspiring, or colluding 
                with others in unlawfully trafficking in such a 
                controlled substance.
          (4) An alien who has been convicted of at least 2 offenses 
        (except purely political offenses) for which the total 
        sentences to confinement were at least 5 years, regardless of 
        whether--
                  (A) the convictions were in a single trial;
                  (B) the offenses arose from a single scheme of 
                misconduct; or
                  (C) the offenses involved moral turpitude.
          (5) An alien who--
                  (A) is coming to the United States only, principally, 
                or incidentally to engage in prostitution, or has 
                engaged in prostitution within 10 years of the date of 
                applying for a visa, admission, or adjustment of 
                status;
                  (B)(i) procures or attempts to procure individuals 
                for prostitution;
                  (ii) within that 10-year period, procured or 
                attempted to procure or to import individuals for 
                prostitution; or
                  (iii) receives or, within that 10-year period, 
                received any part of the proceeds of prostitution; or
                  (C) is coming to the United States to engage in any 
                other unlawful commercialized vice, whether or not 
                related to prostitution.
          (6) An alien who is coming to the United States to practice 
        polygamy.
          (7) An alien--
                  (A) who has committed in the United States at any 
                time--
                          (i) a felony;
                          (ii) a crime of violence (as defined in 
                        section 16 of title 18); or
                          (iii) an offense of reckless driving or 
                        driving while intoxicated or under the 
                        influence of alcohol or a prohibited substance 
                        if the offense involved personal injury to 
                        another;
                  (B) for whom immunity from criminal jurisdiction was 
                exercised for that offense;
                  (C) who as a consequence of the offense and exercise 
                of immunity has left the United States; and
                  (D) who subsequently has not submitted completely to 
                the jurisdiction of the court in the United States 
                having jurisdiction of that offense.
          (8) An alien who at any time has voted in violation of any 
        federal, state, or local constitutional provision, statute, 
        ordinance, or regulation.
  (b) Waivers.--(1) Except as provided in paragraph (2) of this 
subsection, the Attorney General may waive subsection (a) (1), (4), 
(5), or (7) of this section, or subsection (a)(2) of this section for a 
single offense of simple possession of not more than 30 grams of 
marijuana, for an immigrant if--
          (A)(i) the Attorney General is satisfied that--
                  (I) the immigrant is inadmissible only under 
                subsection (a)(5)(A) or (B) of this section or the 
                activities for which the immigrant is inadmissible 
                occurred more than 15 years before the date of the 
                immigrant's application for a visa, admission, or 
                adjustment of status;
                  (II) the immigrant's admission would not be contrary 
                to the welfare, safety, or security of the United 
                States; and
                  (III) the immigrant has been rehabilitated; or
          (ii) the immigrant is the spouse, parent, son, or daughter of 
        a citizen of the United States or of an alien lawfully admitted 
        for permanent residence and the Attorney General is satisfied 
        that the immigrant's inadmissibility would result in extreme 
        hardship to the citizen or to the alien lawfully admitted for 
        permanent residence; and
          (B) the Attorney General consents (subject to conditions and 
        procedures the Attorney General may prescribe by regulation) to 
        the immigrant's applying or reapplying for a visa, admission, 
        or adjustment of status.
  (2) A waiver may not be granted under this subsection for an 
immigrant who--
          (A) has been convicted of, or has admitted committing acts 
        that constitute, murder or a criminal act involving torture or 
        an attempt or conspiracy to commit murder or a criminal act 
        involving torture; or
          (B) previously has been lawfully admitted for permanent 
        residence if the immigrant--
                  (i) has been convicted of an aggravated felony after 
                the date of that admission; or
                  (ii) has not resided lawfully and continuously in the 
                United States for at least 7 years immediately before 
                the date of initiation of a proceeding to remove the 
                alien from the United States.
  (3) No court has jurisdiction to review a decision of the Attorney 
General about a waiver under this subsection.
Sec. 6310. National security
  (a) General.--An alien is ineligible for a visa or admission to the 
United States if a consular officer or the Attorney General knows or 
reasonably believes that the alien seeks admission to engage only, 
principally, or incidentally in--
          (1) an activity to violate a law of the United States related 
        to espionage or sabotage;
          (2) an activity to violate or evade a law prohibiting the 
        export from the United States of goods, technology, or 
        sensitive information;
          (3) an activity a purpose of which is to oppose, control, or 
        overthrow the Federal Government by force, violence, or other 
        unlawful means; or
          (4) any other unlawful activity.
  (b) Terrorist Activities.--(1) In this subsection--
          (A) ``engage in terrorist activity'' means to commit, in an 
        individual capacity or as a member of an organization, a 
        terrorist activity or an act that the actor knows or reasonably 
        should know gives material support to an individual, 
        organization, or government in conducting a terrorist activity 
        at any time, including--
                  (i) preparing or planning a terrorist activity;
                  (ii) gathering information on potential targets for 
                terrorist activity;
                  (iii) providing any type of material support, 
                including a safe house, transportation, communications, 
                money, false documentation or identification, weapons, 
                explosives, or training, to an individual the actor 
                knows or reasonably should know has committed or plans 
                to commit a terrorist activity;
                  (iv) soliciting money or any other thing of value for 
                a terrorist activity or a terrorist organization; or
                  (v) soliciting an individual for membership in a 
                terrorist organization or terrorist government or to 
                engage in a terrorist activity.
          (B) ``representative'' means an officer, official, or 
        spokesperson of an organization, and a person who directs, 
        counsels, commands, or induces an organization or its members 
        to engage in terrorist activity.
          (C) ``terrorist activity'' means an activity that is unlawful 
        under the laws of the place where it is committed or that, if 
        committed in the United States, would be unlawful under the 
        laws of the United States or any State, and that involves--
                  (i) highjacking or sabotaging a vessel, aircraft, 
                vehicle, or other conveyance;
                  (ii) seizing or detaining, and threatening to kill, 
                injure, or continue to detain, another individual to 
                compel a third person (including a governmental entity) 
                to do or abstain from doing an act as an explicit or 
                implicit condition for the release of the individual 
                seized or detained;
                  (iii) a violent attack on an internationally 
                protected person (as defined in section 1116(b)(4) of 
                title 18) or on the liberty of such a person;
                  (iv) an assassination;
                  (v) the use, with intent to endanger the safety of an 
                individual or to cause substantial damage to property, 
                of a biological agent, chemical agent, nuclear weapon 
                or device, or, except for mere personal monetary gain, 
                an explosive or firearm; or
                  (vi) a threat, attempt, or conspiracy to do an 
                activity described in this paragraph.
  (2) An alien is ineligible for a visa or admission to the United 
States if--
          (A) the alien has engaged in a terrorist activity;
          (B) a consular officer or the Attorney General knows or 
        reasonably believes that the alien is engaged, or is likely to 
        engage after admission, in terrorist activity;
          (C) the alien, in circumstances indicating an intention to 
        cause death or serious bodily harm, has at any time incited 
        terrorist activity;
          (D) the alien is a representative of a foreign terrorist 
        organization (as designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act); or
          (E) the alien is a member of a foreign terrorist organization 
        (as designated by the Secretary under section 219 of the 
        Immigration and Nationality Act) that the alien knows or should 
        have known is a terrorist organization.
  (3) An alien who is an officer, official, representative, or 
spokesperson of the Palestine Liberation Organization is deemed under 
paragraph (1) of this subsection to be engaged in terrorist activity.
  (c) Foreign Policy.--(1) An alien is ineligible for a visa or 
admission to the United States if the Secretary of State reasonably 
believes that the alien's admission or proposed activities in the 
United States would have potentially serious adverse foreign policy 
consequences for the United States.
  (2) An alien who is an official of a government of a foreign country 
or a purported government, or who is a candidate for election to a 
government office of a foreign country during the period immediately 
before the election for that office, may not be considered inadmissible 
or subject to restrictions or conditions on entry under paragraph (1) 
of this subsection only because of the alien's past, current, or 
expected beliefs, statements, or associations, if the beliefs, 
statements, or associations would be lawful in the United States.
  (3) An alien not described in paragraph (2) of this subsection may 
not be considered inadmissible or subject to restrictions or conditions 
on entry under paragraph (1) of this subsection because of the alien's 
past, current, or expected beliefs, statements, or associations, if the 
beliefs, statements, or associations would be lawful in the United 
States, unless the Secretary personally decides that the alien's 
admission would compromise a compelling foreign policy interest of the 
United States.
  (4) If the Secretary decides under paragraph (3) of this subsection 
that an alien's admission would compromise a compelling foreign policy 
interest of the United States, the Secretary shall give timely notice 
of the alien's identity and the reasons for the decision to the 
chairmen of the Committees on the Judiciary and International Relations 
of the House of Representatives and the Committees on the Judiciary and 
Foreign Relations of the Senate.
  (d) Membership in Totalitarian Party.--(1) An immigrant is ineligible 
for a visa or admission to the United States if the immigrant is or has 
been a member of or affiliated with the Communist or any other domestic 
or foreign totalitarian party, including a subdivision or affiliate of 
that party.
  (2) Paragraph (1) of this subsection does not apply to an immigrant 
because of membership or affiliation if the immigrant satisfies the 
consular officer when applying for a visa, or the Attorney General when 
applying for admission, that the membership or affiliation is or was--
          (A) involuntary;
          (B) only before the alien's 16th birthday;
          (C) only by operation of law; or
          (D) only to obtain employment, food rations, or other 
        essentials of living and the membership or affiliation is or 
        was necessary to obtain the employment, rations, or essentials.
  (3) Paragraph (1) of this subsection does not apply to an immigrant 
because of membership or affiliation if the immigrant satisfies the 
consular officer when applying for a visa, or the Attorney General when 
applying for admission, that--
          (A) the membership or affiliation ended at least--
                  (i) 2 years before the date of applying; or
                  (ii) 5 years before the date of applying, if the 
                membership or affiliation was with the party 
                controlling the government of a foreign country that is 
                a totalitarian dictatorship as of that date; and
          (B) the immigrant is not a threat to the security of the 
        United States.
  (4) The Attorney General may waive paragraph (1) of this subsection 
for an immigrant for humanitarian purposes, to ensure family unity, or 
when it is otherwise in the public interest, if the immigrant--
          (A) is the parent, spouse, son, daughter, brother, or sister 
        of a citizen of the United States or the spouse, son, or 
        daughter of an alien lawfully admitted for permanent residence; 
        and
          (B) is not a threat to the security of the United States.
Sec. 6311. Participation in Nazi persecution or genocide
  An alien is ineligible for a visa or admission to the United States 
if the alien--
          (1) at any time during the period from March 23, 1933, 
        through May 8, 1945, ordered, incited, assisted, or otherwise 
        participated in the persecution of an individual on account of 
        race, religion, national origin, or political opinion, under 
        the direction of, or in association with--
                  (A) the Nazi government of Germany;
                  (B) any government in an area occupied by the 
                military forces of the Nazi government of Germany;
                  (C) any government established with the assistance or 
                cooperation of the Nazi government of Germany; or
                  (D) any government that was an ally of the Nazi 
                government of Germany; or
          (2) engaged in conduct that is defined as genocide under the 
        International Convention on the Prevention and Punishment of 
        Genocide.
Sec. 6312. Ineligible for citizenship
  An immigrant is ineligible for a visa or admission to the United 
States if the immigrant is permanently ineligible for citizenship.
Sec. 6313. Former citizens who renounced citizenship to avoid taxation
  An alien is ineligible for a visa or admission to the United States 
if--
          (1) the alien is a former citizen of the United States who 
        after September 30, 1996, officially renounces United States 
        citizenship; and
          (2) the Attorney General determines that the alien renounced 
        United States citizenship to avoid taxation by the Federal 
        Government.
Sec. 6314. Evasion of military service
  An alien is ineligible for a visa or admission to the United States 
if the alien departed from or remained outside the United States to 
avoid or evade training or service in the armed forces of the United 
States during war or a period declared by the President to be a 
national emergency, unless the alien was a nonimmigrant at the time of 
the departure and is seeking to reenter the United States as a 
nonimmigrant.
Sec. 6315. Student visa abusers
  An alien who, after November 28, 1996, acquires the status of a 
nonimmigrant classified under section 2310(a)(1) of this title 
(including an alien whose status is extended after that date) and 
violates a term or condition of that status under section 2310(c) is 
ineligible for a visa or admission to the United States until the alien 
has been outside the United States for a continuous period of 5 years 
after the date of the violation.
Sec. 6316. International child abduction
  (a) General.--If, after a court in the United States has granted to 
an individual the custody of a child who is a citizen of the United 
States, an alien detains or withholds custody of the child outside the 
United States from the individual granted custody by the court, the 
alien is ineligible for a visa or admission to the United States until 
the child is surrendered to the individual granted custody by the 
court.
  (b) Nonapplication.--Subsection (a) of this section does not apply as 
long as the child is located in a foreign country whose government is a 
party to the Hague Convention on the Civil Aspects of International 
Child Abduction.
Sec. 6317. Aliens leaving Guam, Puerto Rico, or the Virgin Islands
  An alien who leaves Guam, Puerto Rico, or the Virgin Islands and is 
coming to the continental United States or another place under the 
jurisdiction of the United States is subject to this chapter (except 
section 6301(a)). An alien described in this section who is 
inadmissible shall be removed immediately as provided in section 6717 
of this title.
Sec. 6318. Failure to attend removal proceeding
  An alien is ineligible for a visa or admission to the United States 
if the alien--
          (1) without reasonable cause fails or refuses to attend or 
        remain in attendance at a proceeding to determine the alien's 
        inadmissibility or deportability; and
          (2) seeks admission to the United States within 5 years after 
        the alien's subsequent departure or removal.
Sec. 6319. Aliens previously removed
  (a) Certain Aliens Previously Removed.--(1) An alien is ineligible 
for a visa or admission to the United States if the alien--
          (A) has been ordered removed under section 6102(c) or 6105 of 
        this title or at the end of a proceeding under section 6704 of 
        this title initiated on the alien's arrival in the United 
        States; and
          (B) seeks admission--
                  (i) within 5 years after the date of that removal;
                  (ii) within 20 years after the date of that removal 
                if it was a 2d or subsequent removal; or
                  (iii) at any time if the alien has been convicted of 
                an aggravated felony.
  (2) An alien not described in paragraph (1) of this subsection is 
ineligible for a visa or admission to the United States if the alien--
          (A) has been ordered removed under any law or has departed 
        the United States while an order of removal was outstanding; 
        and
          (B) seeks admission--
                  (i) within 10 years after the date of that departure 
                or removal;
                  (ii) within 20 years after the date of that departure 
                or removal if it was a 2d or subsequent removal; or
                  (iii) at any time if the alien has been convicted of 
                an aggravated felony.
  (3) Paragraphs (1) and (2) of this subsection do not apply to an 
alien seeking admission within a period if, prior to the date of the 
alien's reembarkation at a place outside the United States or attempt 
to be admitted from foreign contiguous territory, the Attorney General 
has consented to the alien's reapplying for admission.
  (b) Aliens Unlawfully Present.--(1) An alien not lawfully admitted 
for permanent residence is ineligible for a visa or admission to the 
United States if the alien--
          (A)(i) was unlawfully present in the United States for a 
        period of more than 180 days but less than one year;
          (ii) voluntarily departed the United States (whether or not 
        under section 6714(a) of this title) before the initiation of a 
        proceeding under section 6102(c), 6105, or 6704 of this title; 
        and
          (iii) seeks admission within 3 years after the date of that 
        departure or removal; or
          (B)(i) has been unlawfully present in the United States for 
        at least one year; and
          (ii) seeks admission within 10 years after the date of the 
        alien's departure or removal.
  (2) Under paragraph (1) of this subsection, an alien is deemed to be 
unlawfully present in the United States if the alien is present in the 
United States after the expiration of the period of stay authorized by 
the Attorney General or is present in the United States without being 
admitted or paroled.
  (3) In determining the period of unlawful presence in the United 
States under paragraph (1) of this subsection--
          (A) no period before April 1, 1997, may be included; and
          (B) no period may be included during which the alien--
                  (i) is under 18 years of age;
                  (ii) has a bona fide application for asylum pending 
                under section 5106 of this title, unless during that 
                period the alien was employed without authorization in 
                the United States; or
                  (iii) is a beneficiary of family unity protection 
                under section 301 of the Immigration Act of 1990 
                (Public Law 101-649, 104 Stat. 5029).
  (4) Paragraph (1) of this subsection does not apply to an alien who 
would be described in section 6302(b) of this title if ``violation of 
the terms of the alien's nonimmigrant visa'' were substituted for 
``unlawful entry into the United States'' in section 6302(b)(3).
  (5) The calculation of the period of time specified in paragraph 
(1)(A) of this subsection shall be tolled (for not more than 120 days) 
during a period that an application described in clause (B) of this 
paragraph is pending if the alien--
          (A) has been lawfully admitted or paroled into the United 
        States;
          (B) has filed a nonfrivolous application for a change or 
        extension of status before the date of expiration of the period 
        of stay authorized by the Attorney General; and
          (C) has not been employed without authorization in the United 
        States before or during the pendency of that application.
  (6)(A) The Attorney General has sole discretion to waive paragraph 
(1) of this subsection for an immigrant if--
          (i) the immigrant is the spouse, son, or daughter of a 
        citizen of the United States or of an alien lawfully admitted 
        for permanent residence; and
          (ii) the Attorney General is satisfied that refusal of 
        admission of the immigrant would result in extreme hardship to 
        the citizen or lawfully resident spouse or parent of the 
        immigrant.
  (B) No court has jurisdiction to review a decision of the Attorney 
General about a waiver under subparagraph (A) of this paragraph.
  (c) Aliens Unlawfully Present After Previous Immigration 
Violations.--(1) An alien is ineligible for a visa or admission to the 
United States if the alien--
          (A)(i) has been unlawfully present in the United States for a 
        total period of more than one year; or
          (ii) has been ordered removed under any law; and
          (B) enters or attempts to reenter the United States without 
        being admitted.
  (2) Paragraph (1) of this subsection does not apply to an alien 
seeking admission more than 10 years after the date of the alien's last 
departure from the United States if, prior to the alien's reembarkation 
at a place outside the United States or attempt to be readmitted from 
foreign contiguous territory, the Attorney General has consented to the 
alien's reapplying for admission.

                   SUBCHAPTER II--RELATED PROVISIONS

Sec. 6331. Sponsor's affidavit of support
  (a) Definition.--In this section, ``federal poverty line'' means the 
level of income equal to the official poverty line (as defined by the 
Director of the Office of Management and Budget, as revised annually by 
the Secretary of Health and Human Services, in accordance with section 
673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 
9902(2))) that is applicable to a family of the size involved.
  (b) Eligible Sponsors.--(1) An individual may sponsor an alien by 
executing an affidavit of support under this section if the 
individual--
          (A) is a national of the United States or an alien lawfully 
        admitted for permanent residence;
          (B) is at least 18 years of age;
          (C) is domiciled in a State, the District of Columbia, or a 
        territory or possession of the United States;
          (D) is petitioning for admission of the alien under section 
        4301 or 4302 of this title; and
          (E) demonstrates (as provided in subsection (i) of this 
        section) the means to maintain an annual income equal to at 
        least 125 percent of the federal poverty line.
  (2) An individual who does not meet the requirement of paragraph 
(1)(E) of this subsection may still be a sponsor if the individual 
accepts joint and several liability with an individual under paragraph 
(5) of this subsection.
  (3) An individual who does not meet the requirement of paragraph 
(1)(E) of this subsection may still be a sponsor if the individual--
          (A) is on active duty (other than active duty for training) 
        in the armed forces of the United States;
          (B) is petitioning for admission of the alien under section 
        4301 or 4302 of this title as the spouse or child of the 
        individual; and
          (C) demonstrates (as provided in subsection (i) of this 
        section) the means to maintain an annual income equal to at 
        least 100 percent of the federal poverty line.
  (4) An individual who does not meet the requirement of paragraph 
(1)(D) of this subsection may still be a sponsor if the individual--
          (A)(i) is the relative of the sponsored alien who filed a 
        classification petition for the sponsored alien as an 
        employment-based immigrant under section 4104 of this title; or
          (ii) has a significant ownership interest in the entity that 
        filed the petition; and
          (B)(i) demonstrates (as provided in subsection (i) of this 
        section) the means to maintain an annual income equal to at 
        least 125 percent of the federal poverty line; or
          (ii) does not meet the requirement of paragraph (1)(E) of 
        this subsection but accepts joint and several liability with an 
        individual under paragraph (5) of this subsection.
  (5) An individual who does not meet the requirement of paragraph 
(1)(D) of this subsection may still be a sponsor if the individual--
          (A) accepts joint and several liability with a petitioning 
        sponsor under paragraph (2) of this subsection or a relative of 
        an employment-based immigrant under paragraph (4) of this 
        subsection; and
          (B) demonstrates (as provided in subsection (i) of this 
        section) the means to maintain an annual income equal to at 
        least 125 percent of the federal poverty line.
  (c) Enforceability of Affidavit as Contract.--(1) A consular officer 
or the Attorney General may not accept an affidavit of support to 
establish that an alien is not inadmissible as a public charge under 
section 6306 of this title, unless the affidavit is executed by a 
sponsor of the alien as a contract--
          (A) in which the sponsor agrees to provide support to 
        maintain the sponsored alien at an annual income equal to at 
        least 125 percent of the federal poverty line during the period 
        in which the affidavit is enforceable;
          (B) that is legally enforceable against the sponsor by the 
        sponsored alien, the Federal Government, a State or political 
        subdivision of a State, or any other entity that provides any 
        means-tested public benefit, consistent with this section; and
          (C) in which the sponsor agrees to submit to the jurisdiction 
        of any federal or state court for the purpose of a civil action 
        brought under subsection (d)(2) of this section.
  (2) An affidavit of support is enforceable with respect to benefits 
provided for an alien before the earlier of--
          (A) the date the alien is naturalized as a citizen of the 
        United States; or
          (B) the termination date provided in paragraph (3) of this 
        subsection.
  (3)(A) An affidavit of support is not enforceable after the alien--
          (i) has worked 40 qualifying quarters of coverage as defined 
        under title II of the Social Security Act (42 U.S.C. 401 et 
        seq.) or can be credited with those qualifying quarters as 
        provided in subparagraph (B) of this paragraph; and
          (ii) in the case of a qualifying quarter creditable for a 
        period beginning after December 31, 1996, did not receive any 
        federal means-tested public benefit (as provided in section 
        15124 of this title) during that period.
  (B) Except as provided in subparagraph (C) of this paragraph, in 
determining for purposes of this section the number of qualifying 
quarters of coverage under title II of the Social Security Act (42 
U.S.C. 401 et seq.), an alien shall be credited with--
          (i) all the qualifying quarters worked by a parent of the 
        alien while the alien was under 18 years of age; and
          (ii) all the qualifying quarters worked by a spouse of the 
        alien during their marriage if the alien remains married to the 
        spouse or the spouse is deceased.
  (C) A qualifying quarter of coverage that is creditable under title 
II of the Social Security Act (42 U.S.C. 401 et seq.) for a period 
beginning after December 31, 1996, may not be credited to an alien 
under subparagraph (B) of this paragraph if the parent or spouse 
received a federal means-tested public benefit (as provided in section 
15124 of this title) during the period for which the qualifying quarter 
is credited.
  (D) The Attorney General shall ensure that appropriate information 
about the application of this paragraph (3) is provided to the system 
for alien verification of eligibility (SAVE) described in section 
1137(d)(3) of the Social Security Act (42 U.S.C. 1320b-7(d)(3)).
  (d) Reimbursement of Government Expenses.--(1)(A) On notification 
that a sponsored alien has received any means-tested public benefit, 
the appropriate nongovernmental entity that provided the benefit or the 
appropriate entity of the Federal Government, a State, or a political 
subdivision of a State shall request reimbursement by the sponsor in an 
amount equal to the unreimbursed costs of the benefit.
  (B) The Attorney General, in consultation with the heads of other 
appropriate federal departments, agencies, and instrumentalities shall 
prescribe regulations necessary to carry out subparagraph (A) of this 
paragraph.
  (2)(A) If, within 45 days after a request for reimbursement under 
paragraph (1)(A) of this subsection, the appropriate entity has not 
received a response from the sponsor indicating a willingness to 
commence payment, a civil action may be brought against the sponsor 
pursuant to the affidavit of support.
  (B) If the sponsor fails to comply with the repayment terms 
established by the appropriate entity, the entity may bring a civil 
action against the sponsor pursuant to the affidavit of support.
  (C) A civil action under this paragraph must be brought within 10 
years after the date on which the sponsored alien last received any 
means-tested public benefit to which the affidavit of support applies.
  (3) If the appropriate entity under paragraph (1)(A) of this 
subsection requests reimbursement from the sponsor or brings a civil 
action against the sponsor pursuant to the affidavit of support, the 
appropriate entity may appoint or hire another person to act on behalf 
of the entity acting under the authority of law for purposes of 
collecting any amounts owed.
  (e) Benefits Not Subject to Reimbursement.--The requirement for 
reimbursement under this section does not apply to--
          (1) medical assistance described in section 15121(b)(1)(A) of 
        this title or assistance described in section 15142(b)(1) of 
        this title;
          (2) short-term, non-cash, in-kind emergency disaster relief;
          (3) assistance or benefits under the National School Lunch 
        Act (42 U.S.C. 1751 et seq.);
          (4) assistance or benefits under the Child Nutrition Act of 
        1966 (42 U.S.C. 1771 et seq.);
          (5) public health assistance (except assistance under title 
        XIX of the Social Security Act (42 U.S.C. 1396 et seq.)) for 
        immunizations with respect to immunizable diseases and for 
        testing and treatment of symptoms of communicable diseases 
        whether or not those symptoms are caused by a communicable 
        disease;
          (6) payments for foster care and adoption assistance under 
        parts B and E of title IV of the Social Security Act (42 U.S.C. 
        620 et seq., 670 et seq.) for a parent or child, but only if 
        the foster or adoptive parent (or parents) of the child is a 
        qualified alien as defined in section 15102(b) of this title;
          (7) programs, services, or assistance (such as soup kitchens, 
        crisis counseling and intervention, and short-term shelter) 
        specified by the Attorney General, in the Attorney General's 
        sole and unreviewable discretion after consultation with the 
        heads of appropriate federal departments, agencies, and 
        instrumentalities, that--
                  (A) deliver in-kind services at the community level, 
                including through public or private nonprofit agencies;
                  (B) do not condition the provision of assistance, the 
                amount of assistance provided, or the cost of 
                assistance provided on the individual recipient's 
                income or resources; and
                  (C) are necessary for the protection of life or 
                safety;
          (8) programs of student assistance under titles IV, V, IX, 
        and X of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
        seq., 1101 et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751 
        et seq.), and titles III, VII, and VIII of the Public Health 
        Service Act (42 U.S.C. 241 et seq., 292 et seq., 296 et seq.);
          (9) benefits under the Head Start Act (42 U.S.C. 9831 et 
        seq.);
          (10) means-tested programs under the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.); or
          (11) benefits under the Job Training Partnership Act (29 
        U.S.C. 1501 et seq.).
  (f) Remedies.--Remedies available to enforce an affidavit of support 
under this section include the remedies described in sections 3201, 
3203, 3204, and 3205 of title 28, an order for specific performance and 
payment of legal fees and other costs of collection, and corresponding 
remedies available under state law. A federal department, agency, or 
instrumentality may seek to collect amounts owed under this section as 
provided in subchapter II of chapter 37 of title 31.
  (g) Jurisdiction.--A civil action to enforce an affidavit of support 
executed under this section may be brought against the sponsor in any 
appropriate court by--
          (1) a sponsored alien, with respect to financial support; or
          (2) the appropriate entity of the Federal Government, a State 
        or political subdivision of a State, or any other 
        nongovernmental entity under subsection (d)(2) of this section, 
        with respect to reimbursement.
  (h) Notification of Change of Address.--(1) The sponsor shall notify 
the Attorney General and the State in which the sponsored alien is 
currently a resident within 30 days of any change of address of the 
sponsor during the period in which an affidavit of support is 
enforceable.
  (2) After notice and an opportunity for a hearing, a person found to 
have violated paragraph (1) of this subsection is liable to the Federal 
Government for a civil penalty of--
          (A) at least $250 but not more than $2,000; or
          (B) at least $2,000 but not more than $5,000, if the failure 
        occurs with knowledge that the sponsored alien has received any 
        means-tested public benefits (other than benefits described in 
        section 15121(b) (1)-(3), 15124(b), or 15142(b) of this title).
  (3) The Attorney General shall enforce paragraph (2) of this 
subsection under appropriate regulations.
  (i) Demonstration of Means To Maintain Income.--(1) An individual may 
demonstrate under this section the means to maintain income by 
providing--
          (A) a certified copy of the individual's federal income tax 
        return for the 3 most recent taxable years; and
          (B) a written statement, executed under oath or as permitted 
        under penalty of perjury under section 1746 of title 28, that 
        the copies are certified copies of the returns.
  (2) An alien may demonstrate the means to maintain income through 
demonstration of significant assets of the sponsored alien or of the 
sponsor, if the assets are available for the support of the sponsored 
alien.
  (3) A reference to an annual income equal to at least a particular 
percentage of the federal poverty line means an annual income equal to 
at least that percentage for a family unit of a size equal to--
          (A) the number of members of the sponsor's household, 
        including family and non-family dependents; plus
          (B) the total number of other dependents and aliens sponsored 
        by that sponsor.
  (4) The Secretary of State, or the Attorney General in the case of 
adjustment of status, may provide that the demonstration under this 
subsection applies only to the most recent taxable year.
  (j) Sponsor's Social Security Account Number.--(1) An affidavit of 
support shall include the social security account number of each 
sponsor.
  (2) The Attorney General shall develop an automated system to 
maintain the social security account number data provided under 
paragraph (1) of this subsection.
  (3) The Attorney General shall submit an annual report to the 
Committees on the Judiciary of the House of Representatives and the 
Senate setting forth--
          (A) for the most recent fiscal year for which data are 
        available, the number of sponsors under this section and the 
        number of sponsors in compliance with the financial obligations 
        of this section; and
          (B) a comparison of those numbers with the numbers of the 
        sponsors for the prior fiscal year.

                       CHAPTER 65--DEPORTABILITY

                          SUBCHAPTER I--GROUNDS

Sec.
6501.  Inadmissible at time of admission or adjustment of status or in 
          the United States illegally.
6502.  Marriage fraud and failure to marry timely.
6503.  Public charges.
6504.  Failure to maintain status or satisfy conditions of admission.
6505.  Encouraging others to enter illegally.
6506.  Criminal offenses.
6507.  Failure to register and falsification of documents.
6508.  National security.
6509.  Participation in Nazi persecution or genocide.

                    SUBCHAPTER II--RELATED PROVISIONS

6531.  Nonapplication of certain grounds to special immigrants dependent 
          on juvenile court.

                         SUBCHAPTER I--GROUNDS

Sec. 6501. Inadmissible at time of admission or adjustment of status or 
                    in the United States illegally
  (a) General.--An alien is deportable if the alien--
          (1) was inadmissible at the time of admission or adjustment 
        of status under the law in effect at that time; or
          (2) is present in the United States in violation of a law of 
        the United States.
  (b) Waivers for Certain Misrepresentations.--(1) The Attorney General 
may waive subsection (a)(1) of this section for an alien (except an 
alien deportable under section 6509 of this title) who was inadmissible 
under section 6303(a)(1) of this title at the time of admission if the 
alien--
          (A) is the spouse, parent, son, or daughter of a citizen of 
        the United States or of an alien lawfully admitted for 
        permanent residence;
          (B) was in possession of an immigrant visa or equivalent 
        documentation at the time of admission; and
          (C) was otherwise admissible at the time of admission, except 
        under section 4311(a)(1) or 6301(a)(2) or (b) of this title as 
        a direct result of the fraud or misrepresentation.
  (2) A waiver of deportation under paragraph (1) of this subsection 
for fraud or misrepresentation is also a waiver of deportation based on 
other grounds of inadmissibility directly resulting from the fraud or 
misrepresentation.
Sec. 6502. Marriage fraud and failure to marry timely
  (a) Marriage Fraud.--(1) An alien is deportable if--
          (A) the alien obtained admission to the United States with an 
        immigrant visa or other documentation obtained on the basis of 
        a marriage that was entered into less than 2 years before the 
        alien's admission and that was judicially annulled or 
        terminated within 2 years after the alien's admission; or
          (B) the Attorney General is satisfied that the alien failed 
        or refused to fulfill the alien's marital agreement which, in 
        the opinion of the Attorney General, was made to obtain 
        admission to the United States as an immigrant.
  (2) Paragraph (1)(A) of this subsection does not apply to an alien 
who satisfies the Attorney General that the marriage was not made to 
evade the immigration laws.
  (b) Failure To Marry Within 90 Days.--An alien admitted to the United 
States as a nonimmigrant classified under section 2309(a) of this 
title, and a minor child of the alien accompanying or following to join 
the alien, shall depart from the United States if, with 90 days after 
admission, the alien does not marry the citizen who filed the petition 
for the alien under section 2309(b) of this title. If they do not 
depart, they shall be removed.
Sec. 6503. Public charges
  An alien is deportable if the alien, within 5 years after admission, 
has become a public charge from causes not affirmatively shown to have 
arisen since admission.
Sec. 6504. Failure to maintain status or satisfy conditions of 
                    admission
  (a) Nonimmigrant Status Not Maintained.--(1) Subject to paragraph (2) 
of this subsection, an alien admitted to the United States as a 
nonimmigrant is deportable if the alien does not--
          (A) maintain the nonimmigrant status under which the alien 
        was admitted or which the alien acquired under section 9108 of 
        this title; or
          (B) comply with a condition of the nonimmigrant status.
  (2) An alien admitted as a nonimmigrant classified under section 
2301(1) or 2302(1) of this title and not maintaining the nonimmigrant 
status under which the alien was admitted is deportable only if--
          (A) the Secretary of State approves; or
          (B) the alien is deportable under section 6508 or 6509 of 
        this title.
  (b) Noncompliance With Health Waiver Conditions.--An alien admitted 
to the United States as a result of a waiver under section 6304 of this 
title is deportable if the Secretary of Health and Human Services 
certifies that the alien has not complied with a condition of the 
waiver.
  (c) Termination of Conditional Permanent Resident Status.--An alien 
lawfully admitted for permanent residence on a conditional basis under 
chapter 45 of this title is deportable if the status is terminated. 
However, this subsection does not apply if a waiver is granted under 
section 4506(b) of this title.
Sec. 6505. Encouraging others to enter illegally
  (a) General.--An alien is deportable if the alien, before or within 5 
years after admission, knowingly encouraged, induced, or assisted 
another alien to enter or attempt to enter the United States in 
violation of law.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an alien who--
          (1) is an eligible immigrant under section 301(b) of the 
        Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029);
          (2) was physically present in the United States on May 5, 
        1988;
          (3) is seeking--
                  (A) admission as an immediate relative;
                  (B) admission under section 4103(c) of this title 
                (including under section 112 of the Immigration Act of 
                1990 (Public Law 101-649, 104 Stat. 4987)); or
                  (C) benefits under section 301(a) of that Act (104 
                Stat. 5029); and
          (4) before May 5, 1988, encouraged, induced, or assisted only 
        the alien's spouse, parent, son, or daughter (and no other 
        individual) to enter the United States in violation of law.
  (c) Waivers.--The Attorney General may waive subsection (a) of this 
section for humanitarian purposes, to ensure family unity, or when it 
is otherwise in the public interest, for an alien who--
          (1) is lawfully admitted for permanent residence; and
          (2) has encouraged, induced, or assisted only an individual 
        who at the time of that action was the alien's spouse, parent, 
        son, or daughter (and no other individual) to enter the United 
        States in violation of law.
Sec. 6506. Criminal offenses
  (a) General.--(1) An alien is deportable if--
          (A)(i) the alien is convicted of an offense involving moral 
        turpitude committed within 5 years after admission or, if the 
        alien is granted the status of an alien lawfully admitted for 
        permanent residence under section 9101(e) of this title, within 
        10 years after admission; and
          (ii) a sentence of one year or more may be imposed for the 
        offense;
          (B) the alien is convicted, after admission, of at least 2 
        offenses involving moral turpitude not arising out of a single 
        scheme of misconduct, regardless of whether the convictions 
        were in a single trial or the alien was confined for the 
        convictions;
          (C) the alien is convicted, after admission, of an aggravated 
        felony; or
          (D) the alien is convicted of violating section 758 of title 
        18.
  (2) Paragraph (1) of this subsection does not apply to a conviction 
of an alien if the President or the chief executive officer of a State 
has granted the alien a full and unconditional pardon.
  (b) Controlled Substances.--An alien is deportable if the alien--
          (1) is convicted, after admission, of violating, or 
        conspiring or attempting to violate, a law or regulation of a 
        State, the United States, or a foreign country related to a 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802)), except a single 
        offense of possession for one's own use of not more than 30 
        grams of marijuana; or
          (2) is, or at any time after admission has been, a drug 
        abuser or addict.
  (c) Firearms.--An alien is deportable if the alien, after admission, 
is convicted under any law of purchasing, selling, offering for sale, 
exchanging, using, owning, possessing, or carrying, or attempting or 
conspiring to purchase, sell, offer for sale, exchange, use, own, 
possess, or carry, in violation of law any weapon, part, or accessory 
that is a firearm or destructive device (as defined in section 921(a) 
of title 18).
  (d) Domestic Violence and Related Offenses.--(1) In this subsection--
          (A) ``offense of domestic violence'' means a crime of 
        violence (as defined in section 16 of title 18) against an 
        individual committed by--
                  (i) a current or former spouse of the victim;
                  (ii) an individual with whom the victim shares a 
                child in common;
                  (iii) an individual with whom the victim is 
                cohabiting or has cohabited as a spouse;
                  (iv) an individual similarly situated to a spouse of 
                the victim under the domestic or family violence laws 
                of the jurisdiction where the offense occurs; or
                  (v) any other individual against a victim who is 
                protected from that individual's acts under the 
                domestic or family violence laws of the United States 
                or a State, Indian tribal government, or unit of local 
                government.
          (B) ``protection order'' means an injunction issued for the 
        purpose of preventing violent or threatening acts of domestic 
        violence, including a temporary or final order issued by a 
        civil or criminal court (except a support or child custody 
        order or provision) whether obtained by filing an independent 
        action or as a pendente lite order in another proceeding.
  (2) A alien is deportable if the alien, after admission--
          (A) is convicted of an offense of domestic violence, 
        stalking, child abuse, child neglect, or child abandonment; or
          (B) is enjoined under a protection order by a court and the 
        court determines that the alien has violated a part of the 
        order that involves protection against credible threats of 
        violence, repeated harassment, or bodily injury to an 
        individual for whom the protection order was issued.
  (e) Unlawful Voters.--An alien is deportable if the alien at any time 
has voted in violation of any federal, state, or local constitutional 
provision, statute, ordinance, or regulation.
  (f) Miscellaneous.--An alien is deportable if the alien has been 
convicted at any time (and the judgment on the conviction has become 
final) of violating or conspiring or attempting to violate--
          (1) section 711 or 10151(a) of this title;
          (2) chapter 37, 105, or 115 of title 18, if a term of 
        imprisonment of at least 5 years may be imposed;
          (3) section 871 or 960 of title 18;
          (4) the Trading with the Enemy Act (50 App. U.S.C. 1 et 
        seq.); or
          (5) the Military Selective Service Act (50 App. U.S.C. 451 et 
        seq.).
Sec. 6507. Failure to register and falsification of documents
  (a) Address Notification.--An alien is deportable if the alien has 
not complied with section 8104 of this title, unless the Attorney 
General is satisfied that the noncompliance was reasonably excusable or 
not willful.
  (b) Failure To Register and Falsification of Documents.--An alien is 
deportable if the alien has been convicted at any time of--
          (1) violating section 10145 of this title;
          (2) violating section 36(c) of the Alien Registration Act, 
        1940;
          (3) violating, or attempting or conspiring to violate, the 
        Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et 
        seq.);
          (4) violating the Act of August 1, 1956 (50 U.S.C. 851 et 
        seq.) or a regulation under that Act; or
          (5) violating, or attempting or conspiring to violate, 
        section 1546 of title 18.
  (c) False Claim of Citizenship.--An alien is deportable if the alien 
falsely claims, or has falsely claimed, to be a citizen of the United 
States for any purpose or benefit under any federal or state law.
  (d) Subject to Civil Penalty for Document Fraud.--(1) An alien is 
deportable if the alien is the subject of a final order for violation 
of section 10125(b) of this title.
  (2) The Attorney General may waive paragraph (1) of this subsection 
if--
          (A) the alien is lawfully admitted for permanent residence;
          (B) a previous civil monetary penalty was not imposed against 
        the alien under section 10125 of this title; and
          (C) the offense was committed only to assist, aid, or support 
        the alien's spouse or child (and no other individual).
  (3) No court has jurisdiction to review a decision of the Attorney 
General about a waiver under paragraph (2) of this subsection.
Sec. 6508. National security
  (a) General.--An alien is deportable if the alien has engaged or 
engages in--
          (1) an activity to violate a law of the United States related 
        to espionage or sabotage;
          (2) an activity to violate or evade a law prohibiting the 
        export from the United States of goods, technology, or 
        sensitive information;
          (3) an activity a purpose of which is to oppose, control, or 
        overthrow the Federal Government by force, violence, or other 
        unlawful means; or
          (4) any other criminal activity that endangers public safety 
        or the security of the United States.
  (b) Terrorist Activities.--An alien is deportable if the alien has 
engaged or engages in a terrorist activity as defined in section 
6310(b) of this title.
  (c) Foreign Policy.--(1) An alien is deportable if the Secretary of 
State reasonably believes that the alien's presence or activities in 
the United States would have potentially serious adverse foreign policy 
consequences for the United States.
  (2) The exceptions described in section 6310(c) (2) and (3) of this 
title apply to deportability under this subsection in the same way that 
they apply to inadmissibility under section 6310(c)(1).
Sec. 6509. Participation in Nazi persecution or genocide
  An alien described in section 6311 of this title is deportable.

                   SUBCHAPTER II--RELATED PROVISIONS

Sec. 6531. Nonapplication of certain grounds to special immigrants 
                    dependent on juvenile court
  The following sections do not apply to a special immigrant as defined 
in section 133(a)(12) of this title, based on circumstances that 
existed before the date the alien acquired the special immigrant 
status:
          (1) Sections 6501(a) and 6504 of this title, except to the 
        extent related to a ground of inadmissibility described in 
        section 6309(a) (1)-(5) or (7), 6310, or 6311 of this title.
          (2) Section 6507(a) of this title.

                     CHAPTER 67--REMOVAL PROCEDURE

Sec.
6701.  Definitions.
6702.  Arrest and detention pending decision on removal.
6703.  Initiation of removal proceeding.
6704.  Removal proceeding.
6705.  Expedited removal proceeding for aliens convicted of aggravated 
          felonies.
6706.  Judicial removal of criminal aliens.
6707.  Right to counsel.
6708.  Sanctions for frivolous behavior and contempt.
6709.  Proof of convictions.
6710.  Motions to reconsider or reopen.
6711.  Finality of administrative removal order.
6712.  Judicial review.
6713.  Limitation on discretionary relief for failure to appear.
6714.  Voluntary departure.
6715.  Detention, release, and removal of aliens ordered removed.
6716.  Countries to which aliens may be removed.
6717.  Immediate removal of arriving aliens.
6718.  Requirements of persons providing transportation.
6719.  Costs of detention, maintenance, and removal.
6720.  Aliens requiring personal care during removal.
6721.  Cancellation of removal and adjustment of status.
6722.  Places of detention.
6723.  No enforceable rights created.
6724.  Review by Attorney General and Comptroller General of certain 
          proceedings.
Sec. 6701. Definitions
  In sections 6704 and 6721 of this title--
          (1) ``exceptional circumstances'' means exceptional 
        circumstances beyond the control of the alien, 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.
          (2) ``removable'' means--
                  (A) for an alien not admitted to the United States, 
                that the alien is inadmissible under chapter 63 of this 
                title; or
                  (B) for an alien admitted to the United States, that 
                the alien is deportable under chapter 65 of this title.
Sec. 6702. Arrest and detention pending decision on removal
  (a) General.--On a warrant issued by the Attorney General, an alien 
may be arrested and detained pending a decision whether to remove the 
alien from the United States. Except as provided in subsection (c) of 
this section, the Attorney General, pending that decision--
          (1) may continue to detain the alien;
          (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 would otherwise (without regard to a 
        removal proceeding) be provided with work authorization.
  (b) Revocation of Bond or Parole.--The Attorney General at any time 
may revoke a bond or parole authorized under subsection (a) of this 
section, rearrest the alien under the original warrant, and detain the 
alien.
  (c) Criminal Aliens.--(1) This subsection applies to an alien who 
is--
          (A) inadmissible under section 6309(a) (1)-(5) or (7) of this 
        title;
          (B) deportable under section 6506(a)(1)(A) of this title on 
        the basis of an offense for which the alien has been sentenced 
        to a term of imprisonment of at least one year;
          (C) deportable under section 6506 (a)(1) (B) or (C), (b), 
        (c), or (f) of this title; or
          (D) inadmissible under section 6310(b) of this title or 
        deportable under section 6508(b) of this title.
  (2) The Attorney General shall take into custody an alien described 
in paragraph (1) of this subsection 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.
  (3) The Attorney General may release an alien taken into custody 
under paragraph (2) of this subsection only if--
          (A) the Attorney General decides under section 3521 of title 
        18 that release of the alien is necessary to provide protection 
        to a witness, a potential witness, a person cooperating with an 
        investigation into major criminal activity, or an immediate 
        family member or close associate of a witness, potential 
        witness, or person cooperating with such an investigation; and
          (B) the alien satisfies the Attorney General that the alien 
        will not pose a danger to the safety of other persons or 
        property and is likely to appear for any scheduled proceeding.
  (4) A decision about releasing an alien under paragraph (3) of this 
subsection shall be made in accordance with a procedure that considers 
the severity of the offense committed by the alien.
  (d) State and Local Authority.--(1) Subject to paragraph (2) of this 
subsection, state and local law enforcement officials, to the extent 
permitted by state and local law, may arrest and detain an alien who--
          (A) is illegally present in the United States; and
          (B) previously has been convicted of a felony in the United 
        States and been deported or removed or has left the United 
        States after the conviction.
  (2) Before making an arrest under paragraph (1) of this subsection, 
the state and local law enforcement officials shall obtain appropriate 
confirmation from the Commissioner of Immigration and Naturalization of 
the status of the alien. The alien may be detained only as long as 
necessary for the Commissioner to take the alien into federal custody 
for purposes of removing the alien from the United States.
  (3) The Attorney General shall cooperate with the States to ensure 
that information in the control of the Attorney General, including 
information in the National Crime Information Center, that would assist 
state and local law enforcement officials in carrying out duties under 
paragraphs (1) and (2) of this subsection is made available to the 
officials.
  (e) Judicial Review.--The Attorney General's discretionary judgment 
about the application of subsections (a)-(c) of this section is not 
subject to review. No court may set aside an action or decision of the 
Attorney General under subsections (a)-(c) about the detention or 
release of an alien or the grant, revocation, or denial of bond or 
parole.
Sec. 6703. Initiation of removal proceeding
  (a) Notice to Appear.--(1) In a removal proceeding under section 6704 
of this title, written 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. The 
notice shall state--
          (A) the nature of the proceeding against the alien;
          (B) the legal authority under which the proceeding is 
        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 right of the alien to be represented by counsel (as 
        provided in section 6707(a) of this title) and to be provided--
                  (i) a period of time to secure counsel as provided in 
                subsection (b)(1) of this section; and
                  (ii) a current list of counsel prepared under section 
                6707(b) of this title;
          (F)(i) the requirement that, if the alien has not already 
        done so, the alien shall immediately provide the Attorney 
        General with a written record of an address and telephone 
        number (if any) at which the alien may be contacted about the 
        proceeding;
          (ii) the requirement that the alien shall immediately provide 
        the Attorney General with a written record of any change of the 
        alien's address or telephone number; and
          (iii) the consequences under section 6704(f) of this title of 
        failing to provide the address and telephone information; and
          (G)(i) the time and place of the proceeding; and
          (ii) the consequences under section 6704(f) of this title of 
        failing, except under exceptional circumstances, to appear at 
        the proceeding.
  (2)(A) Except as provided in subparagraph (B) of this paragraph, if 
there is any change in the time or place of the proceeding, 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. The notice shall state--
          (i) the new time or place of the proceeding; and
          (ii) the consequences under section 6704(f) of this title of 
        failing, except under exceptional circumstances, to appear at 
        the proceeding.
  (B) Written notice under subparagraph (A) of this paragraph is not 
required if the alien is not in detention and has failed to provide the 
address required under paragraph (1)(F) of this subsection.
  (3) 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) of this subsection.
  (b) Time To Secure Counsel.--(1) To allow an alien the opportunity to 
secure counsel before the first hearing date in a proceeding under 
section 6704 of this title, the hearing date may 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) This subsection does not prevent the Attorney General from 
proceeding against an alien under section 6704 of this title if the 
time period described in paragraph (1) of this subsection has elapsed 
and the alien has failed to secure counsel.
  (c) Sufficiency of Service by Mail.--Service by mail under this 
section is sufficient if there is proof of attempted delivery to the 
last address provided by the alien under subsection (a)(1)(F) of this 
section.
  (d) Prompt Initiation Against Criminal Aliens.--When an alien is 
convicted of an offense that makes the alien deportable, the Attorney 
General shall initiate a removal proceeding as expeditiously as 
possible after the date of the conviction.
  (e) Fingerprints and Photographs.--The Attorney General shall 
prescribe regulations providing for the fingerprinting and 
photographing of each alien at least 14 years of age against whom a 
removal proceeding under section 6704 of this title is initiated. The 
fingerprints and photographs shall be made available, on request, to 
federal, state, and local law enforcement agencies.
Sec. 6704. Removal proceeding
  (a) General.--(1) An immigration judge shall conduct a proceeding 
under this section to decide the inadmissibility or deportability of an 
alien.
  (2) An alien placed in a proceeding under this section may be charged 
with any applicable ground of inadmissibility under chapter 63 of this 
title or any applicable ground of deportability under chapter 65 of 
this title.
  (3) Except as otherwise provided in this title, a proceeding under 
this section is the only procedure for deciding whether an alien may be 
admitted to the United States or, if the alien has been admitted, 
removed from the United States. This section does not affect a 
proceeding under section 6705 or 6706 of this title.
  (b) Form of Proceeding and Presence of Alien.--(1) A proceeding under 
this section may take place--
          (A) in person;
          (B) in the absence of the alien if the parties agree;
          (C) through video conference; or
          (D) through telephone conference, except that an evidentiary 
        hearing on the merits may be conducted through a telephone 
        conference only with the consent of the alien after the alien 
        has been advised of the right to proceed in person or through 
        video conference.
  (2) If an alien's mental incompetency makes it impracticable for the 
alien to be present at the proceeding, the Attorney General shall 
prescribe safeguards to protect the rights and privileges of the alien.
  (c) Conduct of Proceeding.--(1) The immigration judge shall 
administer oaths, receive evidence, and interrogate, examine, and 
cross-examine the alien and witnesses. The immigration judge may issue 
subpenas for the attendance of witnesses and the presentation of 
evidence.
  (2) The alien may be represented by counsel as provided in section 
6707(a) of this title.
  (3) The alien shall have a reasonable opportunity to examine the 
evidence against the alien, present evidence, and cross-examine 
witnesses presented by the Federal Government. However, these rights do 
not entitle the alien to examine any national security information 
proffered by the Government in opposition to the alien's admission to 
the United States or the alien's application for discretionary relief 
under this title.
  (4) A complete record shall be kept of all testimony and evidence 
produced at the proceeding.
  (d) Burden of Proof.--(1) In a proceeding under this section, the 
alien has the burden of establishing--
          (A) if the alien is an applicant for admission, that the 
        alien is clearly and beyond a doubt entitled to be admitted and 
        is not inadmissible; or
          (B) by clear and convincing evidence that the alien is 
        lawfully present in the United States pursuant to a prior 
        admission.
  (2) In meeting the burden of proof under paragraph (1)(B) of this 
subsection, the alien shall have access to the alien's visa or other 
entry document, if any, and any other records, not considered 
confidential by the Attorney General, pertaining to the alien's 
admission or presence in the United States.
  (3) In a proceeding under this section, if the alien has been 
admitted to the United States, the Government has the burden of 
establishing by clear and convincing evidence that the alien is 
deportable. A decision that an alien is deportable must be based on 
reasonable, substantial, and probative evidence.
  (e) Decision.--(1) At the conclusion of a proceeding under this 
section, the immigration judge shall decide whether the alien is 
removable from the United States. The decision of the immigration judge 
shall be based only on the evidence produced at the proceeding.
  (2) If the physician conducting a medical examination under section 
6104 of this title has certified under that section that an alien has a 
condition that would make the alien inadmissible under section 6304 of 
this title, the decision of the immigration judge shall be based only 
on that certification.
  (3) 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 the decision and of the consequences for failure to 
depart under the order of removal, including civil and criminal 
penalties.
  (f) Removal Ordered in Absentia.--(1) An alien who does not attend a 
proceeding under this section shall be ordered removed in absentia if 
the Government establishes by clear, unequivocal, and convincing 
evidence that--
          (A) the written notice required by section 6703(a) (1) or (2) 
        of this title was provided to the alien or to the alien's 
        counsel of record; and
          (B) the alien is removable.
  (2) The notice referred to in paragraph (1)(A) of this subsection is 
sufficient if provided at the most recent address provided under 
section 6703(a)(1)(F) of this title. No notice is required if the alien 
has not provided the address required by that section.
  (3) A removal order issued under this subsection may be rescinded 
only on a motion to reopen filed--
          (A) within 180 days after the date of the order if the alien 
        demonstrates that the failure to appear was because of 
        exceptional circumstances; or
          (B) at any time if the alien demonstrates that--
                  (i) the alien did not receive the notice required by 
                section 6703(a) (1) or (2) of this title; or
                  (ii) the alien was in federal or state custody and 
                the failure to appear was through no fault of the 
                alien.
  (4) The filing of a motion to reopen under paragraph (3) of this 
subsection stays the removal of the alien pending disposition of the 
motion by the immigration judge.
  (5) Except as provided in section 6712(c)(6) of this title, a 
petition for review under section 6712 of an order issued in absentia 
under this subsection shall be confined to--
          (A) the validity of the notice provided to the alien;
          (B) the reasons for the alien's failure to attend the 
        proceeding; and
          (C) whether the alien is removable.
  (6) This subsection applies to all aliens in a proceeding under this 
section, including any alien who remains in a foreign contiguous 
territory under section 6102(d)(3) of this title.
  (g) 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 
Government. A stipulated order constitutes a conclusive determination 
of the alien's removability from the United States.
Sec. 6705. Expedited removal proceeding for aliens convicted of 
                    aggravated felonies
  (a) Presumption of Deportability.--An alien convicted of an 
aggravated felony is conclusively presumed to be deportable from the 
United States.
  (b) Availability of Special Proceeding.--(1) The Attorney General 
shall provide for the availability of a special removal proceeding at 
certain federal, state, and local correctional facilities for aliens 
convicted of a criminal offense described in--
          (A) section 6506 (a)(1)(C), (b), (c), or (f) of this title; 
        or
          (B) section 6506(a)(1)(B) of this title if both predicate 
        offenses referred to in that provision are, without regard to 
        their date of commission, described in section 6506(a)(1)(A).
  (2) A proceeding under paragraph (1) of this subsection shall be 
conducted--
          (A) in conformity with section 6704 of this title (except as 
        otherwise provided in this section);
          (B) in a manner that eliminates the need for additional 
        detention at a processing center of the Immigration and 
        Naturalization Service; and
          (C) in a manner that ensures expeditious removal following 
        the end of the alien's incarceration for the underlying 
        sentence.
  (c) Detention at Same Facility.--To the maximum extent practicable, 
the Attorney General shall detain at the same facility aliens convicted 
of an aggravated felony and taken into custody under section 6702(c) of 
this title. In selecting the facility, the Attorney General shall make 
a reasonable effort to ensure that an alien's access to counsel and 
right to counsel under section 6707(a) of this title are not impaired.
  (d) Conduct of Proceeding Before Release.--The Attorney General shall 
provide for the initiation and, to the extent possible, the completion 
of a removal proceeding (including any administrative appeal) against 
an alien convicted of an aggravated felony before the alien is released 
from incarceration for the aggravated felony. This subsection does not 
require the Attorney General to remove an alien sentenced to 
incarceration before the alien is released from the incarceration.
  (e) Aliens Who Are Not Permanent Residents.--(1) The Attorney General 
may determine the deportability of an alien under section 6506(a)(1)(C) 
of this title and issue an order of removal under the procedures in 
this subsection or section 6704 of this title if, at the time the 
proceeding under this section is initiated, the alien--
          (A) is not lawfully admitted for permanent residence; or
          (B) has permanent resident status on a conditional basis (as 
        described in subchapter I of chapter 45 of this title).
  (2) The Attorney General shall prescribe regulations for the conduct 
of a proceeding under this subsection. The regulations shall provide 
that--
          (A) the alien shall be given reasonable notice of the charges 
        and of the opportunity described in clause (C) of this 
        paragraph;
          (B) the alien may be represented by counsel as provided in 
        section 6707(a) of this title;
          (C) the alien shall be given a reasonable opportunity to 
        inspect the evidence and rebut the charges;
          (D) a determination shall be made for the record that the 
        individual on whom notice of the proceeding was served (in 
        person or by mail) is in fact the alien named in the notice;
          (E) a record shall be maintained for judicial review; and
          (F) the final order of removal may not be adjudicated by the 
        same individual who issues the charges.
  (3) The Attorney General may not execute an order described in 
paragraph (1) of this subsection until 14 calendar days have passed 
after the date the order was issued, to allow the alien an opportunity 
to apply for judicial review under section 6712 of this title. The 
alien may waive this limitation.
  (f) Ineligibility for Relief From Removal.--An alien described in 
this section is ineligible for any relief from removal that the 
Attorney General may grant.
Sec. 6706. Judicial removal of criminal aliens
  (a) Jurisdiction.--A district court of the United States has 
jurisdiction to enter a judicial order of removal at the time of 
sentencing against an alien who is deportable if--
          (1) the United States Attorney, with the concurrence of the 
        Commissioner of Immigration and Naturalization, requests the 
        order; and
          (2) the court chooses to exercise that jurisdiction.
  (b) Procedure.--(1) Before the beginning of trial or entry of a 
guilty plea, the United States Attorney shall file with the court, and 
serve on the defendant and the Commissioner, a notice of intent to 
request judicial removal.
  (2) At least 30 days before the date set for sentencing, the United 
States Attorney, with the concurrence of the Commissioner, shall file a 
charge containing factual allegations about the alienage of the 
defendant and identifying each offense that makes the defendant 
deportable under section 6506(a) of this title.
  (3) If the court finds that the defendant has presented substantial 
evidence to establish prima facie eligibility for relief from removal, 
the Commissioner shall provide the court with a recommendation and 
report on the alien's eligibility for relief. The court shall grant or 
deny the relief sought.
  (4) The alien shall have a reasonable opportunity to examine the 
evidence against the alien, present evidence, and cross-examine 
witnesses presented by the Federal Government.
  (5) In deciding whether to enter an order of removal, the court may 
consider only evidence that would be admissible in a proceeding under 
section 6704 of this title. This subsection does not limit the 
information the court may receive or consider for purposes of imposing 
an appropriate sentence.
  (6) The court may order the alien to be removed if the Government 
demonstrates that the alien is deportable.
  (c) Notice of Order.--As soon as practicable after entry of a 
judicial order of removal, the Commissioner shall provide the defendant 
with written notice of the order. The notice shall designate the 
defendant's country of choice for removal and any alternate country as 
provided in section 6716 of this title.
  (d) Appeal.--The granting or denial of a judicial order of removal 
may be appealed to the court of appeals for the circuit in which the 
district court is located. Except as provided in subsection (e) of this 
section, consideration of the appeal shall be consistent with section 
6712 of this title.
  (e) Finality and Execution of Order.--(1) A judicial order of removal 
becomes final when--
          (A) the defendant executes a waiver of the right to appeal 
        the conviction on which the order of removal is based;
          (B) the period provided in section 6712(c)(2) of this title 
        expires; or
          (C) there is a final dismissal of an appeal from the 
        conviction.
  (2) The final judicial order of removal shall be executed, as 
provided in the order, at the end of the term of imprisonment.
  (3) An order entered under this section is void if the conviction on 
which the order is based is reversed on direct appeal.
  (f) Failure To Exercise Jurisdiction.--Denial of a request for a 
judicial order of removal does not preclude the Attorney General from 
initiating a removal proceeding under section 6704 of this title on the 
same or any other ground of deportability.
  (g) Stipulated Judicial Order of Removal.--The United States 
Attorney, with the concurrence of the Commissioner, may enter into a 
plea agreement under rule 11 of the Federal Rules of Criminal Procedure 
(18 App. U.S.C.) that calls for an alien who is deportable to waive the 
right to notice and a hearing under this section and to stipulate to 
the entry of a judicial order of removal as a condition of the plea 
agreement, as a condition of probation or supervised release, or both. 
The United States district court in a felony or misdemeanor case, and a 
United States magistrate judge in a misdemeanor case, has jurisdiction 
to enter a judicial order of removal in accordance with the 
stipulation.
Sec. 6707. Right to counsel
  (a) General.--In a removal proceeding before an immigration judge and 
in an appeal proceeding before the Attorney General from the removal 
proceeding, the alien may be represented by counsel (authorized to 
practice in the proceeding) chosen by the alien, but at no expense to 
the Federal Government.
  (b) Lists of Available Counsel.--The Attorney General shall provide 
for lists (updated at least quarterly) of persons who have indicated 
their availability to represent aliens pro bono in proceedings under 
section 6704 of this title. The lists shall be provided under section 
6703(a)(1)(E) of this title and also be made generally available.
Sec. 6708. Sanctions for frivolous behavior and contempt
  (a) Frivolous Behavior.--(1) The Attorney General by regulation 
shall--
          (A) define frivolous behavior for which attorneys may be 
        sanctioned in a proceeding before an immigration judge or an 
        appellate administrative body under this title;
          (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) for frivolous behavior.
  (2) Paragraph (1) of this subsection does not limit the authority of 
the Attorney General to take action for inappropriate behavior.
  (b) Contempt.--Under regulations prescribed by the Attorney General, 
an immigration judge may sanction by civil money penalty any action or 
inaction in contempt of the judge's proper exercise of authority under 
this title.
Sec. 6709. Proof of convictions
  (a) General.--In any proceeding under this title (except subchapter I 
of chapter 7, chapter 47, subchapters II and III of chapter 131, and 
chapters 133, 135, and 151), a criminal conviction may be proved by any 
of the following (or by a certified copy of any of the following):
          (1) An official record of judgment and conviction.
          (2) An official record of plea, verdict, and sentence.
          (3) A docket entry from court records indicating the 
        existence of the conviction.
          (4) Official minutes of a court proceeding or a transcript of 
        a court hearing in which the court takes notice of the 
        existence of the conviction.
          (5) An abstract of a record of conviction prepared by the 
        court in which the conviction was entered, or by a state 
        official associated with the State's repository of criminal 
        justice records, that indicates the charge or section of law 
        violated, the disposition of the case, the existence and date 
        of conviction, and the sentence.
          (6) A document or record prepared by, or under the direction 
        of, the court in which the conviction was entered that 
        indicates the existence of a conviction.
          (7) A document or record attesting to the conviction that is 
        maintained by an official of a federal or state penal 
        institution, which is the basis for that institution's 
        authority to assume custody of the individual named in the 
        record.
  (b) Electronic Records.--(1) In any proceeding under this title 
(except subchapter I of chapter 7, chapter 47, subchapters II and III 
of chapter 131, and chapters 133, 135, and 151), any record of 
conviction or abstract that has been submitted by electronic means to 
the Immigration and Naturalization Service from a State or court is 
admissible as evidence to prove a criminal conviction if it is--
          (A) certified by a state official associated with the State's 
        repository of criminal justice records as an official record 
        from its repository or by a court official from the court in 
        which the conviction was entered as an official record from its 
        repository; and
          (B) certified in writing by an official of the Service as 
        having been received electronically from the State's record 
        repository or the court's record repository.
  (2) A certification under paragraph (1)(A) of this subsection may be 
by means of a computer-generated signature and statement of 
authenticity.
Sec. 6710. Motions to reconsider or reopen
  (a) Motions To Reconsider.--(1) An alien may file one motion to 
reconsider a decision that the alien is removable from the United 
States.
  (2) The motion must be filed within 30 days after the date of entry 
of a final administrative order of removal.
  (3) The motion shall specify the errors of law or fact in the 
previous order and shall be supported by pertinent authority.
  (b) Motions To Reopen.--(1) An alien may file one motion to reopen a 
removal proceeding under section 6704 of this title.
  (2) The motion to reopen shall state the new facts that would be 
proved at a hearing to be held if the motion were granted, and shall be 
supported by affidavits or other evidentiary material.
  (3)(A) Except as provided in subparagraphs (B) and (C) this 
paragraph, the motion to reopen must be filed within 90 days after the 
date of entry of the final administrative order of removal.
  (B) There is no time limit on filing a motion to reopen if--
          (i) the basis of the motion is to apply for relief under 
        section 5106 or 6716(d) of this title;
          (ii) the motion is based on changed country conditions 
        arising in the country of nationality or the country to which 
        removal has been ordered; and
          (iii) the evidence of changed country conditions is material 
        and was not available and would not have been discovered or 
        presented at the previous proceeding.
  (C) The filing of a motion to reopen an order entered under section 
6704(f) of this title is subject to the deadline specified in section 
6704(f)(3).
Sec. 6711. Finality of administrative removal order
  An administrative order of removal becomes final on the earlier of--
          (1) a decision by the Board of Immigration Appeals affirming 
        the order; or
          (2) the expiration of the period for the alien to seek review 
        of the order by the Board.
Sec. 6712. Judicial review
  (a) Applicable Provisions.--(1) Except as provided in paragraph (2) 
of this subsection, judicial review of a final order of removal is 
governed only by chapter 158 of title 28 and subsection (c) of this 
section.
  (2) Judicial review of an order of removal issued without a hearing 
under section 6102(c) or 6105 of this title is governed only by 
subsection (d) of this section.
  (3) Judicial review of all questions of law and fact arising from any 
action taken or proceeding brought to remove an alien from the United 
States under this title is available only in judicial review of a final 
order under this section.
  (b) Limitations on Judicial Review.--(1) Except as otherwise provided 
in this section, no court has jurisdiction to hear any cause or claim 
by an alien arising from a decision or action of the Attorney General 
to commence a proceeding, adjudicate a case, or execute a removal order 
against the alien under this title.
  (2) No court has jurisdiction to review--
          (A) a final order of removal against an alien who is 
        removable for having committed a criminal offense described 
        in--
                  (i) section 6309(a)(1)-(5) or (7) or 6506(a)(1)(C), 
                (b), (c), or (f) of this title; or
                  (ii) section 6506(a)(1)(B) of this title if both 
                predicate offenses referred to in that provision are, 
                without regard to their date of commission, described 
                in section 6506(a)(1)(A);
          (B) a decision granting or denying relief under section 
        6303(a)(2) 6309(b), 6714(a) or (b), 6721, 9101, or 9102 of this 
        title; or
          (C) any other decision or action of the Attorney General 
        within the discretion of the Attorney General, except the 
        granting of relief under section 5106(b) of this title.
  (3) Regardless of the nature of the action or claim or the identity 
of any party bringing the action, no court (other than the Supreme 
Court) has jurisdiction to enjoin the operation of the following 
provisions, except as applied to an individual alien against whom a 
proceeding under those provisions has been initiated:
          (A) sections 6101, 6102, 6103(c), and 6104-6107 of this 
        title.
          (B) chapter 65 of this title, except sections 6502(b) and 
        6507(b)(2) and (4).
          (C) this chapter, except sections 6702(d), 6703(e), 6707(a), 
        and 6711.
          (D) chapter 71 of this title, except section 7110.
          (E) sections 7301, 7302, 7304, and 7306.
  (4) No court may enjoin the removal of an alien under a final order 
under this section unless the alien shows by clear and convincing 
evidence that the entry or execution of the order is prohibited as a 
matter of law.
  (5) An alien may not appeal a decision of an immigration judge that 
is based only on a certification described in section 6704(e)(2) of 
this title.
  (c) Requirements for Review of Orders of Removal.--(1) The 
requirements in this subsection apply to judicial review of an order 
referred to in subsection (a)(1) of this section.
  (2) The petition for review must be filed within 30 days after the 
date of the final order of removal. The petition shall be filed with 
the court of appeals for the circuit in which the immigration judge 
completed the proceeding.
  (3) 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.
  (4)(A) The respondent is the Attorney General. The petition shall be 
served on the Attorney General and on the officer or employee of the 
Immigration and Naturalization Service in charge of the Service 
district in which the final order of removal under section 6704 of this 
title was entered.
  (B) Service of the petition on the officer or employee does not stay 
the removal of an alien pending the court's decision on the petition, 
unless the court orders otherwise.
  (C) The alien shall serve and file a brief in connection with a 
petition for judicial review within 40 days after the date on which the 
administrative record is available, and may serve and file a reply 
brief not later than 14 days after service of the brief of the Attorney 
General. The court may not extend the deadlines in this subparagraph 
except on motion for good cause shown. If an alien fails to file a 
brief within the time provided in this subparagraph, the court shall 
dismiss the appeal unless a manifest injustice would result.
  (5) Except as provided in paragraph (6)(B) of this subsection--
          (A) the court of appeals shall decide the petition only on 
        the administrative record on which the order of removal is 
        based;
          (B) the administrative findings of fact are conclusive unless 
        any reasonable adjudicator would be compelled to conclude to 
        the contrary;
          (C) a decision that an alien is not eligible for admission to 
        the United States is conclusive unless manifestly contrary to 
        law;
          (D) the Attorney General's discretionary judgment whether to 
        grant relief under section 5106(b) of this title is conclusive 
        unless manifestly contrary to law and an abuse of discretion; 
        and
          (E) the court may not order the taking of additional evidence 
        under section 2347(c) of title 28.
  (6)(A) If the petitioner claims to be a national of the United States 
and the court of appeals finds from the pleadings and affidavits that 
no genuine issue of material fact about the petitioner's nationality is 
presented, the court shall decide the nationality claim.
  (B) If the petitioner claims to be a national of the United States 
and the court of appeals finds that a genuine issue of material fact 
about the petitioner's nationality is presented, the court shall 
transfer the proceeding to the district court of the United States for 
the judicial district in which the petitioner resides for a new hearing 
on the nationality claim and a decision on that claim as if an action 
had been brought in the district court under section 2201 of title 28.
  (C) The petitioner may have the nationality claim decided only as 
provided in this paragraph.
  (7) 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.
  (8)(A) If the validity of an order of removal has not been judicially 
decided, a defendant in a criminal proceeding charged with violating 
section 10152(a) of this title may challenge the validity of the order 
in the criminal proceeding only by filing a separate motion before 
trial. The district court, without a jury, shall decide the motion 
before trial.
  (B) If the defendant claims in the motion to be a national of the 
United States and the district court finds that--
          (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.
  (C) The defendant may have the nationality claim decided only as 
provided in subparagraph (B) of this paragraph.
  (D) If the district court rules that the removal order is invalid, 
the court shall dismiss the indictment for violation of section 
10152(a) of this title. The Federal Government may appeal the dismissal 
to the court of appeals for the appropriate circuit within 30 days 
after the date of the dismissal.
  (E) The defendant in a criminal proceeding under section 10152(a) of 
this title may not file a petition for review under subsection (a) of 
this section during the criminal proceeding.
  (9) This subsection does not--
          (A) prevent the Attorney General, after a final order of 
        removal has been issued, from detaining the alien under section 
        6715 of this title;
          (B) relieve the alien from complying with sections 6715(d) 
        and 8302 of this title; or
          (C) require the Attorney General to defer removal of the 
        alien.
  (d) Judicial Review of Removal Ordered Without Hearing.--(1) Except 
as provided in paragraph (2) of this subsection, no court has 
jurisdiction to review--
          (A) an individual determination or to entertain any other 
        cause or claim arising from or related to the implementation or 
        operation of an order of removal under section 6102(c) or 6105 
        of this title;
          (B) a decision by the Attorney General to invoke the 
        provisions of those sections;
          (C) the application of those sections to individual aliens, 
        including the determination made under section 6105 of this 
        title; or
          (D) procedures and policies adopted by the Attorney General 
        to implement section 6102(c) or 6105 of this title.
  (2) Regardless of the nature of the action or claim or the identity 
of any party bringing the action, no court may--
          (A) enter declaratory, injunctive, or other equitable relief 
        in any action related to an order to exclude an alien under 
        section 6102(c) or 6105 of this title except as specifically 
        authorized in a subsequent paragraph of this subsection; or
          (B) certify a class under rule 23 of the Federal Rules of 
        Civil Procedure (28 App. U.S.C.) in any action for which 
        judicial review is authorized under a subsequent paragraph of 
        this subsection.
  (3) Judicial review of a decision made under section 6102(c) or 6105 
of this title is available in a habeas corpus proceeding, but is 
limited to determining whether the petitioner--
          (A) is an alien;
          (B) was ordered removed under one of those sections; or
          (C) can prove by a preponderance of the evidence that--
                  (i) the petitioner has been lawfully admitted for 
                permanent residence, admitted as a refugee under 
                section 5105 of this title, or granted asylum under 
                section 5106 of this title;
                  (ii) the status has not been terminated; and
                  (iii) the petitioner is entitled to further inquiry 
                as prescribed by the Attorney General under section 
                6106(a) of this title.
  (4)(A) Judicial review of a determination under section 6102(c) or 
6105 of this title or the implementation of those sections is available 
in an action brought in the United States District Court for the 
District of Columbia, but is limited to review of whether--
          (i) those sections, and regulations prescribed under those 
        sections, are constitutional; or
          (ii) a regulation, written policy directive, written policy 
        guideline, or written procedure issued by or under authority of 
        the Attorney General to implement those sections is 
        inconsistent with this title or otherwise in violation of law.
  (B) An action under this paragraph must be filed within 60 days after 
the date the challenged section, regulation, directive, guideline, or 
procedure described in subparagraph (A) of this paragraph is first 
implemented.
  (C) A notice of appeal of an order issued by the District Court under 
this paragraph must be filed within 30 days after the date the order is 
issued.
  (D) The District Court, the Court of Appeals, and the Supreme Court 
shall advance on the docket and expedite to the greatest possible 
extent the disposition of any case considered under this paragraph.
  (5)(A) The only relief a court may order is that the petitioner be 
provided a hearing under section 6704 of this title if the court 
decides that the petitioner--
          (i) is an alien who was not ordered removed under section 
        6102(c) or 6105 of this title; or
          (ii) has demonstrated by a preponderance of the evidence that 
        the petitioner has been lawfully admitted for permanent 
        residence, admitted as a refugee under section 5105 of this 
        title, or granted asylum under section 5106 of this title.
  (B) If the court orders a hearing under subparagraph (A) of this 
paragraph, the alien may obtain judicial review of any resulting final 
order of removal under subsection (a)(1) of this section.
  (6) In determining whether an alien has been ordered removed under 
section 6102(c) or 6105 of this title, the court shall limit its 
inquiry to whether the order was issued and whether it relates to the 
petitioner. The court may not review whether the alien is inadmissible 
or entitled to any relief from removal.
  (e) Contents of Petitions.--A petition for review or for habeas 
corpus of an order of removal shall--
          (1) include a copy of the order; and
          (2) 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.
  (f) Additional Requirements.--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.
Sec. 6713. Limitation on discretionary relief for failure to appear
  An alien is ineligible for relief under section 6714(a) or (b), 6721, 
9101, 9104, or 9108 of this title for a period of 10 years after the 
date of entry of a final order of removal if--
          (1) the final order of removal was entered in absentia under 
        section 6704(f) of this title; and
          (2) the alien, at the time of the required notice under 
        section 6703(a) (1) or (2) of this title, was provided oral 
        notice, in the alien's native language or another language the 
        alien understands, of the time and place of the removal 
        proceeding and the consequences under this section of failing 
        (except because of exceptional circumstances) to attend.
Sec. 6714. Voluntary departure
  (a) Before or During Removal Proceeding.--(1) The Attorney General 
may permit an alien to depart voluntarily from the United States at the 
alien's own expense in lieu of being subject to a removal proceeding 
under section 6704 of this title or prior to the completion of the 
proceeding. However, this subsection does not apply to--
          (A) an alien deportable under section 6506(a)(1)(C) or 
        6508(b) of this title; or
          (B) an alien arriving in the United States for whom a removal 
        proceeding under section 6704 of this title is (or otherwise 
        would be) initiated at the time of the alien's arrival, except 
        that this clause does not prevent an alien from withdrawing the 
        application for admission under section 6101(c) of this title.
  (2) Permission to depart voluntarily under this subsection may not be 
valid for more than 120 days.
  (3) The Attorney General may require an alien permitted to depart 
voluntarily under this subsection to post a voluntary departure bond, 
to be surrendered on proof that the alien has departed the United 
States within the time specified.
  (b) At Conclusion of Removal Proceeding.--(1) The Attorney General 
may permit an alien to depart voluntarily from the United States at the 
alien's own expense if, at the conclusion of a removal proceeding under 
section 6704 of this title, 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 at least one year immediately preceding the date the 
        notice to appear was served under section 6703(a) of this 
        title;
          (B) the alien is, and has been for at least 5 years 
        immediately preceding the alien's application for voluntary 
        departure, an individual of good moral character;
          (C) the alien is not deportable under section 6506(a)(1)(C), 
        6508, or 6509 of this title; 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) Permission to depart voluntarily under this subsection may not be 
valid for more than 60 days.
  (3) 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 on 
proof that the alien has departed the United States within the time 
specified.
  (c) Aliens Not Eligible.--The Attorney General may not permit an 
alien to depart voluntarily under subsection (a) or (b) of this section 
if the alien previously was permitted to depart voluntarily after 
having been found inadmissible under section 6302 of this title.
  (d) Notice of Penalties.--An order permitting an alien to depart 
voluntarily under subsection (a) or (b) of this section shall inform 
the alien of the penalties under section 10127(a) of this title for 
failure to depart.
  (e) Aliens Falling Into Distress.--(1) If an alien falls into 
distress or needs public aid from a cause that arises after the alien 
enters the United States, and the alien wants to be removed from the 
United States, the Attorney General may remove the alien to--
          (A) the alien's native country;
          (B) the country from which the alien came to the United 
        States;
          (C) the country of which the alien is a citizen or subject; 
        or
          (D) any other country to which the alien wishes to go if the 
        government of that country will accept the alien.
  (2) Except with the prior approval of the Attorney General, an alien 
removed under paragraph (1) of this subsection is ineligible for a visa 
or other documentation for readmission and ineligible for admission to 
the United States.
  (f) Voluntary Departure Deemed Removal.--An alien who departs the 
United States after being ordered removed is deemed to have been 
removed, regardless of the source from which the cost of transportation 
is paid or the place to which the alien departs.
  (g) Additional Conditions.--The Attorney General by regulation may 
limit eligibility for voluntary departure under this section for any 
class of aliens. No court may review any regulation issued under this 
subsection.
  (h) Judicial Review.--No court has jurisdiction of an appeal from 
denial of a request for an order of voluntary departure under 
subsection (b) of this section. A court may not order a stay of an 
alien's removal pending consideration of any claim related to voluntary 
departure.
Sec. 6715. Detention, release, and removal of aliens ordered removed
  (a) Removal Period.--(1) Except as otherwise provided in this 
chapter, when an alien is ordered removed, the Attorney General shall 
remove the alien from the United States within the 90-day period 
(referred to as the ``removal period'') beginning on the later of--
          (A) the date the removal order becomes administratively 
        final;
          (B) if the removal order is judicially reviewed and a court 
        orders a stay of the removal, the date of the court's final 
        order; or
          (C) if the alien is detained or confined (except under an 
        immigration process), the date the alien is released from 
        detention or confinement.
  (2) The removal period shall be extended beyond 90 days and the alien 
may remain in detention during that extended period if the alien does 
not make timely application in good faith for travel or other documents 
necessary for the alien's departure or conspires or acts to prevent the 
alien's removal.
  (b) Detention During Removal Period.--During the removal period, the 
Attorney General--
          (1) shall detain the alien; and
          (2) may not release an alien who has been found inadmissible 
        under section 6309(a) (1)-(5) or (7) or 6310(b) of this title 
        or deportable under section 6506 (a)-(d) or (f) or 6508(b) of 
        this title.
  (c) Supervision After Removal Period.--If the alien does not leave or 
is not removed within the removal period, the alien, pending removal, 
shall be supervised under regulations prescribed by the Attorney 
General. The regulations shall include provisions requiring the alien 
to--
          (1) appear before an immigration officer periodically for 
        identification;
          (2) submit, if necessary, to a medical and psychiatric 
        examination at the expense of the Federal Government;
          (3) give information under oath about the alien's 
        nationality, circumstances, habits, associations, and 
        activities, and other information the Attorney General 
        considers appropriate; and
          (4) obey reasonable written restrictions on the alien's 
        conduct or activities that the Attorney General prescribes for 
        the alien.
  (d) Aliens Imprisoned, Arrested, or on Parole, Supervised Release, or 
Probation.--(1) Except as provided in section 343(a) of the Public 
Health Service Act (42 U.S.C. 259(a)) and paragraph (2) of this 
subsection, 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.
  (2) The Attorney General may remove an alien before the alien has 
completed a sentence of imprisonment if--
          (A) the alien is in the custody of the Attorney General and 
        the Attorney General determines that--
                  (i) the alien is confined for a final conviction of a 
                nonviolent offense (except an offense related to 
                smuggling or harboring of aliens or an offense 
                described in section 104(a)(2)(A) (ii) or (iii), 
                (3)(A)(i) (related to (2)(A) (ii) or (iii)), or (4)(A) 
                (i), (viii), or (xiii) or (b)(2)(A) (ii), (iii), (v), 
                (ix), or (xii) of this title); and
                  (ii) the removal of the alien is appropriate and in 
                the best interest of the United States; or
          (B) the alien is in the custody of a State (or political 
        subdivision of a State) and the chief state official exercising 
        authority for the incarceration of the alien--
                  (i) determines that--
                          (I) the alien is confined for a final 
                        conviction of a nonviolent offense (except an 
                        offense described in section 104(a)(2)(A)(iii), 
                        (3)(A)(i) (related to (2)(A)(iii)), or (4)(A) 
                        (i) or (viii) or (b)(2)(A) (iii) or (v) of this 
                        title); and
                          (II) the removal is appropriate and in the 
                        best interest of the State; and
                  (ii) submits a written request to the Attorney 
                General that the alien be removed.
  (3) An alien removed under this subsection shall be notified of the 
penalties under the laws of the United States related to the reentry of 
removed aliens, particularly the expanded penalties for aliens removed 
under paragraph (2) of this subsection.
  (e) 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--
          (1) the prior order of removal is reinstated from its 
        original date and may not be reopened or reviewed;
          (2) the alien is not eligible for any relief under this 
        title; and
          (3) the alien shall be removed under the prior order any time 
        after the reentry.
  (f) Inadmissible or Criminal Aliens.--An alien ordered removed may be 
detained beyond the removal period and, if released, shall be 
supervised under subsection (c) of this section, if the alien--
          (1) is inadmissible under chapter 63 of this title;
          (2) is deportable under section 6504 (a) or (b), 6506 (a)-(d) 
        or (f), 6508, or 6509 of this title; or
          (3) has been determined by the Attorney General to be a risk 
        to the community or unlikely to comply with the order of 
        removal.
  (g) Employment Authorization.--An alien ordered removed is ineligible 
to receive authorization to be employed in the United States unless the 
Attorney General makes a specific finding that--
          (1) the alien cannot be removed because all countries to 
        which the alien would be removed under section 6716 of this 
        title refuse to accept the alien; or
          (2) the removal of the alien is otherwise impracticable or 
        contrary to the public interest.
Sec. 6716. Countries to which aliens may be removed
  (a) Arriving Aliens.--(1) Except as otherwise provided in this 
subsection, if a removal proceeding under section 6704 of this title 
was initiated against an alien when the alien arrived in the United 
States, the alien shall be removed to the country in which the alien 
boarded the vessel or aircraft on which the alien arrived.
  (2) 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.
  (3) If the government of the country in paragraph (1) or (2) of this 
subsection 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:
          (A) The country of which the alien is a citizen, subject, or 
        national.
          (B) The country in which the alien was born.
          (C) The country in which the alien has a residence.
          (D) A country with a government that will accept the alien 
        into the country's territory if removal to each country 
        described in clauses (A)-(C) of this paragraph is 
        impracticable, inadvisable, or impossible.
  (b) Other Aliens.--(1) Except as otherwise provided in this 
subsection, an alien not described in subsection (a) of this section 
who has been ordered removed may designate one country to which the 
alien wants to be removed, and the Attorney General shall remove the 
alien to that country.
  (2) An alien may not designate under paragraph (1) of this subsection 
a foreign territory contiguous to the United States, an adjacent 
island, or an island adjacent to a foreign territory contiguous to the 
United States unless the alien is a native, citizen, subject, or 
national of, or has resided in, the territory or island.
  (3) The Attorney General may disregard a designation under paragraph 
(1) of this subsection if--
          (A) the alien fails to designate a country promptly;
          (B) 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;
          (C) the government of the country is not willing to accept 
        the alien into the country; or
          (D) the Attorney General decides that removing the alien to 
        the country is prejudicial to the United States.
  (4) If an alien is not removed to a country designated under 
paragraph (1) of this subsection, 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--
          (A) 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
          (B) is not willing to accept the alien into the country.
  (5) If an alien is not removed to a country under the paragraphs (1)-
(4) of this subsection, the Attorney General shall remove the alien to 
any of the following countries:
          (A) The country from which the alien was admitted to the 
        United States.
          (B) 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.
          (C) A country in which the alien resided before the alien 
        entered the country from which the alien entered the United 
        States.
          (D) The country in which the alien was born.
          (E) The country that had sovereignty over the alien's 
        birthplace when the alien was born.
          (F) The country in which the alien's birthplace is located 
        when the alien is ordered removed.
          (G) If impracticable, inadvisable, or impossible to remove 
        the alien to any country described in clauses (A)-(F) of this 
        paragraph, another country whose government will accept the 
        alien into that country.
  (c) Removal Country When United States 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 section because of the war, the Attorney General may 
remove the alien--
          (1) 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
          (2) 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.
  (d) Restriction on Removal to Country Where Alien's Life or Freedom 
Would Be Threatened.--(1) Notwithstanding subsections (a)-(c) of this 
section, the Attorney General may not remove an alien to a country if 
the Attorney General decides that the alien's life or freedom would be 
threatened in that country because of the alien's race, religion, 
nationality, membership in a particular social group, or political 
opinion.
  (2) Paragraph (1) of this subsection does not apply to an alien 
deportable under section 6509 of this title or if the Attorney General 
decides that--
          (A) the alien ordered, incited, assisted, or otherwise 
        participated in the persecution of an individual on account of 
        race, religion, nationality, membership in a particular social 
        group, or political opinion;
          (B) the alien, having been convicted by a final judgment of a 
        particularly serious crime, is a danger to the community of the 
        United States;
          (C) there are serious reasons to believe that the alien has 
        committed a serious nonpolitical crime outside the United 
        States before the alien arrived in the United States; or
          (D) there are reasonable grounds to believe that the alien is 
        a danger to the security of the United States.
  (3)(A) Under paragraph (2)(B) of this subsection, an alien who has 
been convicted of an aggravated felony for which the alien has been 
sentenced to a total term of imprisonment of at least 5 years is deemed 
to have committed a particularly serious crime. This subparagraph does 
not preclude the Attorney General from determining that, 
notwithstanding the length of sentence imposed, an alien has been 
convicted of a particularly serious crime.
  (B) Under paragraph (2)(D) of this subsection, an alien described in 
section 6508(b) of this title is deemed to be an alien for whom there 
are reasonable grounds to believe that the alien is a danger to the 
security of the United States.
Sec. 6717. Immediate removal of arriving aliens
  (a) General.--An alien arriving at a port of entry of the United 
States who is ordered removed, either without a hearing under section 
6102(c), 6105(d), or 6107 of this title or pursuant to a removal 
proceeding under section 6704 of this title initiated at the time of 
the 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--
          (1) it is impracticable to remove the alien on one of those 
        vessels or aircraft within a reasonable time; or
          (2)(A) the alien is a stowaway who has been ordered removed 
        under section 6101(b) of this title;
          (B) the alien has applied for asylum; and
          (C) the asylum application has not been adjudicated or has 
        been denied but the alien has not exhausted all appeal rights.
  (b) Stay of Removal.--(1) The Attorney General may stay the removal 
of an alien under this section if the Attorney General decides that--
          (A) immediate removal is not practicable or proper; or
          (B) 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.
  (2) During the period an alien is detained because of a stay of 
removal under paragraph (1)(B) of this subsection, the Attorney General 
may pay from the appropriation ``Immigration and Naturalization 
Service--Salaries and Expenses''--
          (A) the cost of maintenance of the alien; and
          (B) a witness fee of $1 a day.
  (3) The Attorney General may release an alien whose removal is stayed 
under paragraph (1)(B) of this subsection on--
          (A) a bond of at least $500 with security approved by the 
        Attorney General;
          (B) condition that the alien appear when required as a 
        witness and for removal; and
          (C) other conditions the Attorney General may prescribe.
Sec. 6718. Requirements of persons providing transportation
  (a) Removal by Person Bringing Alien to United States.--An owner, 
agent, master, commanding officer, person in charge, purser, or 
consignee of a vessel or aircraft bringing to the United States an 
alien who is ordered removed (except an alien crewmember) shall--
          (1) receive the alien back on the vessel or aircraft or 
        another vessel or aircraft owned or operated by the same 
        interests; and
          (2) take the alien to the foreign country to which the alien 
        is ordered removed.
  (b) Alien Stowaways.--(1) 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 the vessel or aircraft, or at a 
        place the Attorney General designates, 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 under regulations of the Attorney General temporarily 
        for--
                  (i) medical treatment;
                  (ii) detention by the Attorney General; or
                  (iii) departure or removal; and
          (C) if ordered by an immigration officer, shall remove the 
        stowaway on the vessel or aircraft or on another vessel or 
        aircraft.
  (2) The Attorney General shall grant a timely request to remove the 
stowaway under paragraph (1)(C) of this subsection on a vessel or 
aircraft other than the one on which the stowaway arrived if the 
requester has obtained any travel documents necessary for departure or 
repatriation of the stowaway and removal of the stowaway will not be 
unreasonably delayed.
  (c) Compliance With Order of Attorney General.--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 title.
Sec. 6719. Costs of detention, maintenance, and removal
  (a) Cost of Detention and Maintenance Pending Removal.--(1) Except as 
otherwise provided in this section, an owner of a vessel or aircraft 
bringing an alien to the United States shall pay the cost of detaining 
and maintaining the alien--
          (A) while the alien is detained under section 6718(a) of this 
        title; and
          (B) if the alien is a stowaway, while the alien is detained 
        under--
                  (i) section 6105(c) of this title for a period not to 
                exceed 15 days (excluding Saturdays, Sundays, and 
                holidays) beginning on the first day that begins on the 
                earlier of--
                          (I) 72 hours after the time of the initial 
                        presentation of the stowaway for inspection; or
                          (II) the time the stowaway is determined to 
                        have a credible fear of persecution;
                  (ii) section 6718(b)(1) (A) or (B)(i) of this title; 
                or
                  (iii) section 6718(b)(1)(B) (ii) or (iii) of this 
                title 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 those travel documents cannot be 
                obtained from the country to which the stowaway is to 
                be returned.
  (2) Paragraph (1) of this subsection does not apply if--
          (A) the alien is a crewmember;
          (B) the alien has an immigrant visa;
          (C) 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 within 120 days after 
        the date the visa or documentation was issued;
          (D) the alien has a reentry permit and applies for admission 
        within 120 days after the date of the alien's last inspection 
        and admission;
          (E)(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 related to 
        inadmissibility could not have been discovered by exercising 
        reasonable care before the alien boarded the vessel or 
        aircraft; or
          (F) the individual claims to be a national of the United 
        States and has a United States passport.
  (b) Cost of Removal at Time of Arrival.--(1) If an alien is a 
stowaway or is ordered removed, either without a hearing under section 
6102(c), 6105(d), or 6107 of this title or pursuant to a removal 
proceeding under section 6704 of this title initiated at the time of 
the alien's arrival, the owner of the vessel or aircraft on which the 
alien arrived in the United States shall pay the transportation cost of 
removing the alien.
  (2) 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.
  (c) Cost of Removal for Aliens Admitted or Permitted To Land.--(1) 
Except as otherwise provided in this subsection, the cost of removal of 
an alien who has been admitted or permitted to land and is ordered 
removed shall be paid from the appropriation ``Immigration and 
Naturalization Service--Salaries and Expenses''.
  (2) The cost of removal 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 if the alien--
          (A) is admitted to the United States (other than lawfully 
        admitted for permanent residence) and is ordered removed within 
        5 years after the date of admission based on a ground that 
        existed before or at the time of admission; or
          (B) is a crewmember permitted to land temporarily under 
        section 2703 of this title and is ordered removed within 5 
        years after the date of landing.
  (3) The cost of removal from the port of removal may be paid from the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses'' if--
          (A) the alien has been granted voluntary departure under 
        section 6714(a) or (b) of this title;
          (B) the alien is financially unable to depart at the alien's 
        own expense; and
          (C) the Attorney General considers the alien's removal to be 
        in the best interest of the United States.
Sec. 6720. Aliens requiring personal care during removal
  (a) 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 
individual to accompany and care for the alien until the alien arrives 
at the final destination.
  (b) Cost.--The cost of providing the service described in subsection 
(a) of this section shall be paid in the same manner as the cost of 
removing the accompanied alien under this chapter.
Sec. 6721. Cancellation of removal and adjustment of status
  (a) Permanent Residents.--Except as provided in subsection (e) of 
this section, the Attorney General may cancel removal of an alien who 
is inadmissible or deportable if the alien--
          (1) has been an alien lawfully admitted for permanent 
        residence for at least 5 years;
          (2) has resided in the United States continuously for at 
        least 7 years after having been admitted in any status; and
          (3) has not been convicted of an aggravated felony.
  (b) Non-Permanent Residents.--Except as provided in subsection (e) of 
this section, the Attorney General may cancel removal of an alien who 
is inadmissible or deportable if the alien--
          (1) has been physically present in the United States for a 
        continuous period of at least 10 years immediately preceding 
        the date of the application for cancellation;
          (2) has been an individual of good moral character during 
        that period;
          (3) has not been convicted of an offense described in section 
        6309(a) (1)-(5) or (7), 6506 (a)-(d) or (f), or 6507 (except 
        subsection (b)(4)) of this title; and
          (4) establishes that removal would result in exceptional and 
        extremely unusual hardship to the alien's spouse, parent, or 
        child, who is a citizen of the United States or an alien 
        lawfully admitted for permanent residence.
  (c) Battered Spouses and Children.--(1) The Attorney General may 
cancel removal of an alien who is inadmissible or deportable if the 
alien demonstrates that--
          (A)(i) the alien has been battered or subjected to extreme 
        cruelty in the United States by a spouse or parent who is a 
        United States citizen or lawful permanent resident; or
          (ii) the alien 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 that citizen or permanent resident parent;
          (B) the alien has been physically present in the United 
        States for a continuous period of at least 3 years immediately 
        preceding the date of the application for cancellation;
          (C) the alien has been an individual of good moral character 
        during that period;
          (D) the alien--
                  (i) is not inadmissible under section 6309(a)(1)-(5) 
                or (7), 6310, or 6311 of this title;
                  (ii) is not deportable under section 6502, 6506(a)-
                (d) or (f), 6507 (except subsection (b)(4)), 6508, or 
                6509 of this title; and
                  (iii) has not been convicted of an aggravated felony; 
                and
          (E) the removal would result in extreme hardship to the 
        alien, the alien's child, or, if the alien is a child, to the 
        alien's parent.
  (2) In acting on an application under this subsection, 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 is within the sole discretion of the 
Attorney General.
  (d) 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 
subsection (b) or (c) of this section. The number of adjustments under 
this subsection may not exceed 4,000 in any fiscal year. The Attorney 
General shall record the alien's lawful admission for permanent 
residence as of the date of the Attorney General's cancellation of 
removal under subsection (b) or (c) or the determination under this 
subsection.
  (e) Aliens Ineligible for Relief.--Subsections (a) and (b) of this 
section do not apply to the following aliens:
          (1) An alien who entered the United States as a crewmember 
        after June 30, 1964.
          (2) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien classified under section 2312(a) of 
        this title, or has acquired the status of such a nonimmigrant 
        exchange alien after admission, to receive graduate medical 
        education or training, regardless of whether the alien is 
        subject to or has fulfilled the 2-year foreign residence 
        requirement of section 8304(a) of this title.
          (3) An alien who--
                  (A) was admitted to the United States as a 
                nonimmigrant exchange alien classified under section 
                2312(a) of this title 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 2-year foreign residence 
                requirement of section 8304(a) of this title; and
                  (C) has not fulfilled or received a waiver of that 
                requirement.
          (4) An alien who is inadmissible under section 6310 or 6311 
        or deportable under section 6508 or 6509 of this title.
          (5) An alien who is described in section 6716(d)(2)(A) of 
        this title.
          (6) An alien whose removal previously has been canceled under 
        this section.
          (7) An alien who has been granted relief under section 212(c) 
        of the Immigration and Nationality Act or whose deportation was 
        suspended under section 244(a) of that Act, as those sections 
        were in effect before September 30, 1996.
  (f) Special Rules Related to Continuous Residence or Physical 
Presence.--(1) For purposes of this section, any period of continuous 
residence or continuous physical presence in the United States is 
deemed to end at the earlier of--
          (A) when the alien is served a notice to appear under section 
        6703(a) of this title; or
          (B) when the alien commits an offense referred to in section 
        6309(a)(1)-(5) or (7) of this title that makes the alien 
        inadmissible under section 6309(a)(1)-(5) or (7) or deportable 
        under section 6506(a)-(d) or (f), 6508, or 6509 of this title.
  (2) An alien has not maintained continuous physical presence in the 
United States under subsections (b) and (c) of this section if the 
alien has departed from the United States for any one period of more 
than 90 days or any periods totaling more than 180 days.
  (3) The requirements of continuous residence or continuous physical 
presence in the United States under subsections (a)-(c) of this section 
do not apply to an alien who--
          (A) has served a minimum period of 24 months in an active-
        duty status in the armed forces of the United States;
          (B) if separated from that service, was separated under 
        honorable conditions; and
          (C) was in the United States at the time of the alien's 
        enlistment or induction.
  (g) Annual Limitation.--The Attorney General may not cancel the 
removal and adjust the status under this section of a total of more 
than 4,000 aliens in any fiscal year. This subsection applies 
regardless of when an alien applied for the cancellation and 
adjustment.
Sec. 6722. Places of detention
  (a) General.--The Attorney General shall arrange for appropriate 
places of detention for aliens detained pending removal or a decision 
on removal. When Federal Government facilities are unavailable or 
facilities adapted or suitably located for detention are unavailable 
for rental, the Attorney General may expend from the appropriation 
``Immigration and Naturalization Service--Salaries and Expenses'', 
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), 
amounts necessary to acquire land and to acquire, build, remodel, 
repair, and operate facilities (including living quarters for 
immigration officers if not otherwise available) necessary for 
detention.
  (b) Detention Facilities of Immigration and Naturalization Service.--
Prior to initiating any project for the construction of any new 
detention facility for the Immigration and Naturalization Service, the 
Commissioner of Immigration and Naturalization shall consider the 
availability for purchase or lease of any existing prison, jail, 
detention center, or other comparable facility suitable for that use.
Sec. 6723. No enforceable rights created
  Sections 6703(d), 6705, 6706, 6715-6720, 6722, and 6724 of this title 
do not create any substantive or procedural right or benefit that is 
legally enforceable by any party against the Federal Government, its 
departments, agencies, instrumentalities, or officers, or any other 
person.
Sec. 6724. Review by Attorney General and Comptroller General of 
                    certain proceedings
  (a) Attorney General.--The Attorney General shall review and evaluate 
removal proceedings conducted under sections 6705 and 6706 of this 
title.
  (b) Comptroller General.--The Comptroller General shall monitor, 
review, and evaluate removal proceedings conducted under sections 6705 
and 6706 of this title.

             CHAPTER 69--ALIEN TERRORIST REMOVAL PROCEDURES

Sec.
6901.  Definitions.
6902.  Removal court.
6903.  Application for removal hearing.
6904.  Removal hearing.
6905.  Appeals.
6906.  Custody and release pending removal hearing.
6907.  Custody and release after removal hearing.
Sec. 6901. Definitions
  In this chapter--
          (1) ``alien terrorist'' means an alien described in section 
        6508(b) of this title.
          (2) ``classified information'' has the same meaning given 
        that term in section 1(a) of the Classified Information 
        Procedures Act (18 App. U.S.C.).
          (3) ``national security'' has the same meaning given that 
        term in section 1(b) of the Classified Information Procedures 
        Act (18 App. U.S.C.).
          (4) ``removal court'' means the court described in section 
        6902 of this title.
          (5) ``removal hearing'' means the hearing described in 
        section 6904 of this title.
          (6) ``special attorney'' means an attorney on the panel 
        established under section 6902(e) of this title.
Sec. 6902. Removal court
  (a) Designation of Judges.--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 removal court with 
jurisdiction to conduct all removal proceedings under this chapter. The 
Chief Justice may designate the same judges under this section as are 
designated under section 103(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803(a)).
  (b) Terms.--Each judge designated under subsection (a) of this 
section shall serve for a term of 5 years and be eligible for 
redesignation, except that of the judges first designated--
          (1) one shall serve for a term of one year;
          (2) one shall serve for a term of 2 years;
          (3) one shall serve for a term of 3 years; and
          (4) one shall serve for a term of 4 years.
  (c) Chief Judge.--(1) The Chief Justice shall publicly designate one 
of the judges of the removal court to be the chief judge of the removal 
court.
  (2) The chief judge shall--
          (A) prescribe rules to facilitate the functioning of the 
        removal court; and
          (B) assign the consideration of cases to the various judges 
        on the removal court.
  (d) Expeditious and Confidential Nature of Proceedings.--Section 
103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(c)) applies to removal proceedings under this chapter in the same 
manner as it applies to proceedings under that Act.
  (e) Panel of Special Attorneys.--The removal court shall provide for 
the designation of a panel of attorneys each of whom--
          (1) has a security clearance that allows the attorney access 
        to classified information; and
          (2) has agreed to represent permanent resident aliens with 
        respect to classified information under section 6904(e)(3) of 
        this title in accordance with, and subject to the penalties 
        under, this chapter.
Sec. 6903. Application for removal hearing
  (a) Filing of Application.--(1) If the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General may seek removal of the alien under this chapter by 
filing an application with the removal court. The application shall 
contain--
          (A) the identity of the attorney in the Department of Justice 
        making the application;
          (B) a certification by the Attorney General or the Deputy 
        Attorney General that the application satisfies the 
        requirements of this section;
          (C) the identity of the alien for whom authorization for the 
        removal proceeding under this chapter is sought; and
          (D) a statement of the facts and circumstances relied on by 
        the Attorney General to establish probable cause that--
                  (i) the alien is an alien terrorist;
                  (ii) the alien is physically present in the United 
                States; and
                  (iii) removal of the alien other than under this 
                chapter would pose a risk to the national security of 
                the United States.
  (2) An application under this section shall be submitted ex parte and 
in camera and be filed under seal with the removal court.
  (b) Right To Dismiss.--The Attorney General may dismiss a removal 
proceeding under this chapter at any stage of the proceeding.
  (c) Consideration of Application.--(1) In deciding whether to grant 
an application under this section, a single judge of the removal court 
may consider, ex parte and in camera, in addition to the information 
contained in the application--
          (A) other information, including classified information, 
        presented under oath or affirmation; and
          (B) testimony received in any hearing on the application, of 
        which a verbatim record shall be kept.
  (2) The judge shall issue an order granting the application if the 
judge finds probable cause to believe that--
          (A) the alien has been correctly identified and is an alien 
        terrorist present in the United States; and
          (B) removal of the alien other than under this chapter would 
        pose a risk to the national security of the United States.
  (3) If the judge denies the order requested in the application, the 
judge shall prepare a written statement of the reasons for the denial, 
taking all necessary precautions not to disclose any classified 
information contained in the application.
  (d) Exclusive Provisions.--If an order is issued under this section 
granting an application--
          (1) the rights of the alien regarding removal shall be 
        governed only by this chapter; and
          (2) except as they are specifically referenced in this 
        chapter, no other provisions of this title apply.
Sec. 6904. Removal hearing
  (a) General.--If an application for an order is approved under 
section 6903(c)(2) of this title, a removal hearing shall be conducted 
under this section as expeditiously as practicable to determine whether 
the alien should be removed from the United States on the ground that 
the alien is an alien terrorist. The removal hearing shall be open to 
the public.
  (b) Notice.--An alien who is the subject of a removal hearing under 
this chapter shall be given reasonable notice of--
          (1) the nature of the charges against the alien, including a 
        general account of the basis for the charges; and
          (2) the time and place at which the hearing will be held.
  (c) Rights in Hearing.--(1) The alien has a right to be present at 
the hearing and to be represented by counsel. An alien financially 
unable to obtain counsel is entitled to have counsel assigned to 
represent the alien. Assigned 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. That section applies and, for purposes of determining the 
maximum amount of compensation, the matter shall be treated as if a 
felony were charged.
  (2) Subject to subsection (e) of this section, the alien shall have a 
reasonable opportunity to examine the evidence against the alien, 
present evidence, and cross-examine witness.
  (3) A verbatim record of the proceedings and of all testimony and 
evidence offered or produced at the hearing shall be kept.
  (4) The decision of the judge regarding removal shall be based only 
on the evidence introduced at the removal hearing.
  (d) Subpenas.--(1) At any time before the conclusion of the removal 
hearing, the alien or the Attorney General may request the judge to 
issue a subpena for a witness on a satisfactory showing that the 
witness is necessary for the determination of a material matter. The 
subpena also may command the person to whom it is directed to produce 
records or other objects designated in the subpena. The request for the 
subpena may be made ex parte except that the judge shall inform the 
Attorney General of any request by the alien for a subpena if 
compliance with the subpena would reveal classified evidence or the 
source of classified evidence. The Attorney General shall be given a 
reasonable opportunity to oppose the issuance of such a subpena.
  (2) If an application for a subpena by the alien also makes a showing 
that the alien is financially unable to pay for the attendance of a 
requested witness, the court may order the costs incurred by the 
process and the fees of the witness to be paid from the appropriation 
``Immigration and Naturalization Service--Salaries and Expenses''.
  (3) A subpena under this subsection may be served anywhere in the 
United States.
  (4) A witness subpenaed under this subsection shall receive the same 
fees and expenses as a witness subpenaed in a civil proceeding in a 
court of the United States.
  (5) This subsection does not allow an alien to have access to 
classified information.
  (e) Discovery.--(1) In a removal proceeding under this chapter--
          (A) the Attorney General may use 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 section 106(c), (e), (f), (g), 
        or (h) of that Act (50 U.S.C. 1806(c), (e), (f), (g), (h)), and 
        discovery of information derived under that Act or otherwise 
        collected for national security purposes may not be authorized 
        if disclosure would present a risk to the national security of 
        the United States;
          (B) an alien may not suppress evidence that the alien alleges 
        was unlawfully obtained; and
          (C) section 3504 of title 18 and section 106(c) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1806(c)) do not apply if the Attorney General determines that 
        public disclosure would pose a risk to the national security of 
        the United States because it would disclose classified 
        information or otherwise threaten the integrity of a pending 
        investigation.
  (2) This chapter does not prevent the Attorney General from seeking 
protective orders or asserting privileges ordinarily available to the 
Federal Government to protect against the disclosure of classified 
information, including the invocation of the military and State secrets 
privileges.
  (3)(A) The judge shall examine, ex parte and in camera, any evidence 
for which the Attorney General determines that public disclosure would 
pose a risk to the national security of the United States or to the 
security of an individual because it would disclose classified 
information. The alien and the public may not be informed of the 
evidence or its sources except through reference to the summary 
provided under this paragraph. However, the Attorney General, after 
coordination with the originating agency, may elect to introduce 
classified information in open session.
  (B) With respect to that information, the Attorney General shall 
submit to the removal court an unclassified summary of the specific 
evidence that does not pose that risk.
  (C) Not later than 15 days after the summary is submitted, the judge 
shall approve the summary if the judge finds that it is sufficient to 
enable the alien to prepare a defense. The Attorney General shall 
deliver to the alien a copy of the unclassified summary approved under 
this subparagraph.
  (D)(i) If an unclassified summary is not approved by the removal 
court under subparagraph (C) of this paragraph, the Attorney General 
shall be given 15 days to correct the deficiencies identified by the 
court and submit a revised unclassified summary.
  (ii) If the revised unclassified summary is not approved by the court 
within 15 days after its submission under clause (i) of this 
subparagraph, the removal hearing shall be terminated unless the judge 
finds 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 individual; 
        and
          (II) the provision of the summary would likely cause serious 
        and irreparable harm to the national security or death or 
        serious bodily injury to any individual.
  (E) If a judge makes the findings described in subparagraph 
(D)(ii)(I) and (II) of this paragraph--
          (i) the removal hearing shall continue;
          (ii) the Attorney General shall deliver to the alien a 
        statement that no summary is possible;
          (iii) the classified information submitted in camera and ex 
        parte may be used as provided in this paragraph; and
          (iv) if the alien is lawfully admitted for permanent 
        residence, the judge (under rules of the removal court) shall 
        designate a special attorney to assist the alien by--
                  (I) reviewing in camera the classified information on 
                behalf of the alien; and
                  (II) challenging through an in camera proceeding the 
                veracity of the evidence contained in the classified 
                information.
  (F) A special attorney receiving classified information under 
subparagraph (E)(iv) of this paragraph may not disclose the information 
to the alien or to any other attorney representing the alien. A special 
attorney who violates this restriction shall be fined under title 18, 
imprisoned for at least 10 years but not more than 25 years, or both.
  (f) Arguments.--Following receipt of evidence, the Attorney General 
and 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 General shall open the argument. The alien shall be 
permitted to reply. The Attorney General then shall 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.
  (g) Burden of Proof.--In the hearing, the Attorney General has the 
burden of proving by a preponderance of the evidence that the alien is 
subject to removal because the alien is an alien terrorist.
  (h) Rules of Evidence.--The Federal Rules of Evidence (28 App. 
U.S.C.) do not apply in a removal hearing under this section.
  (i) Finding That Alien is Removable.--If the judge, after considering 
the evidence on the record as a whole, finds that the Attorney General 
has met the burden of proof, the judge shall order the alien removed 
and detained pending removal from the United States. If the alien was 
released pending the removal hearing, the judge shall order the 
Attorney General to take the alien into custody.
  (j) Written Order.--At the time of issuing a decision whether the 
alien shall be removed, the judge shall prepare a written order 
containing a statement of facts found and conclusions of law. Any part 
of the order that would reveal the substance or source of information 
received in camera and ex parte under subsection (e) of this section 
may not be made available to the alien or the public.
  (k) No Right to Ancillary Relief.--The judge may not at any time 
consider or provide for relief from removal based on--
          (1) asylum under section 5106 of this title;
          (2) voluntary departure under section 6714(a) or (b) of this 
        title;
          (3) withholding of removal under section 6716(d) of this 
        title;
          (4) cancellation of removal under section 6721 of this title;
          (5) adjustment of status under section 9101 or 9102 of this 
        title; or
          (6) registry under section 9104 of this title.
Sec. 6905. Appeals
  (a) Appeal of Denial of Application for Removal Hearing.--(1) The 
Attorney General may seek a review of the denial of an order sought in 
an application filed under section 6903 of this title. The appeal must 
be filed in the United States Court of Appeals for the District of 
Columbia Circuit by notice of appeal filed within 20 days after the 
date of the denial.
  (2) 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.
  (3) The Court of Appeals shall--
          (A) review questions of law de novo; and
          (B) set aside a finding of fact only if the finding was 
        clearly erroneous.
  (b) Appeal of Decision About Summary of Classified Information.--(1) 
The Attorney General may take an interlocutory appeal to the United 
States Court of Appeals for the District of Columbia Circuit of--
          (A) a decision by the judge under section 6904(e)(3) of this 
        title; or
          (B) the refusal of the judge to make the findings permitted 
        by section 6904(e)(3) of this title.
  (2) In an interlocutory appeal taken under this subsection, the 
entire record (including any proposed order of the judge, any 
classified information, and the summary of evidence) shall be 
transmitted to the Court of Appeals. The classified information shall 
be transmitted under seal. A verbatim record of the appeal shall be 
kept under seal in the event of any other judicial review.
  (c) Appeal of Decision in Hearing.--(1) Subject to paragraph (2) of 
this subsection, the alien or the Attorney General may appeal the 
decision of the judge after a removal hearing to the United States 
Court of Appeals for the District of Columbia Circuit by filing a 
notice of appeal within 20 days after the date on which the order is 
issued. The order may not be enforced during the pendency of an appeal 
under this subsection.
  (2)(A) 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 6904(e)(3) of this title and with respect to 
which the procedures described in section 6904(e)(3)(E)(iv) apply, any 
order issued by the judge shall be reviewed by the Court of Appeals for 
the District of Columbia Circuit.
  (B) With respect to any issue involving classified information that 
arises in the review, the alien shall be represented only by the 
special attorney designated under section 6904(e)(3)(E)(iv) of this 
title.
  (3) In an appeal or review to the Court of Appeals under this 
subsection--
          (A) the entire record shall be transmitted to the Court of 
        Appeals;
          (B) information received in camera and ex parte, and any part 
        of the order that would reveal the substance or source of the 
        information, shall be transmitted under seal;
          (C) the appeal or review shall be heard as expeditiously as 
        practicable and the court may dispense with full briefing and 
        hear the matter only on the record of the judge of the removal 
        court and on briefs or motions the court may require to be 
        filed by the parties;
          (D) the court shall review questions of law de novo;
          (E) a finding of fact shall be accorded deference by the 
        reviewing court and may not be set aside unless the finding was 
        clearly erroneous, except that in a review under paragraph (2) 
        of this subsection in which an alien lawfully admitted for 
        permanent residence was denied a written summary of classified 
        information under section 6904(c)(3) of this title, the Court 
        of Appeals shall review questions of fact de novo; and
          (F) the Court of Appeals shall issue an opinion within 60 
        days after the date of issuance of the final order of the 
        district court.
  (d) Certiorari.--Following a decision by the Court of Appeals under 
subsection (c) of this section, the alien or the Attorney General may 
petition the Supreme Court for a writ of certiorari. Any information 
transmitted to the Court of Appeals under seal, if also submitted to 
the Supreme Court, shall be transmitted under seal. An order of removal 
may 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.
  (e) Appeal of Detention Order.--(1) Sections 3145-3148 of title 18 
apply to an alien to whom section 6907(b)(1) of this title applies. For 
purposes of--
          (A) section 3145 of title 18, an appeal shall be taken to the 
        United States Court of Appeals for the District of Columbia 
        Circuit; and
          (B) section 3146 of title 18, the alien shall be considered 
        released in connection with a charge of an offense punishable 
        by life imprisonment.
  (2) The determinations and actions of the Attorney General under 
section 6907(b)(2)(C) of this title are not 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. The United States Court of Appeals for the District 
of Columbia Circuit has exclusive jurisdiction over such a claim.
Sec. 6906. Custody and release pending removal hearing
  (a) On Filing Application.--(1) Subject to paragraphs (2) and (3) of 
this subsection, the Attorney General may--
          (A) take into custody any alien with respect to whom an 
        application under section 6903 of this title has been filed; 
        and
          (B) retain the alien in custody in accordance with the 
        procedures authorized by this chapter.
  (2)(A) An alien lawfully admitted for permanent residence is entitled 
to a release hearing before the judge assigned to hear the removal 
hearing. The alien shall be detained pending the removal hearing, 
unless the alien demonstrates to the court that the alien--
          (i) is lawfully admitted for permanent residence;
          (ii) is not likely to flee if released on conditions the 
        court may prescribe (including the posting of any monetary 
        amount); and
          (iii) will not endanger national security, or the safety of 
        any individual or the community, if released.
  (B) The judge may consider classified information submitted in camera 
and ex parte in deciding whether to release an alien pending the 
removal hearing.
  (3)(A) Subject to subparagraph (B) of this paragraph, if a judge of 
the removal court denies the order sought in an application filed under 
section 6903 of this title, and the Attorney General does not seek 
review of the denial, the alien shall be released from custody.
  (B) Subparagraph (A) of this paragraph does not prevent the arrest 
and detention of the alien under chapter 67 of this title.
  (b) Conditional Release if Order Denied and Review Sought.--(1) If a 
judge of the removal court denies the order sought in an application 
filed under section 6903 of this title and the Attorney General seeks 
review of the 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 (c)(1)(B)(i)-
(xiv) of title 18 that will--
          (A) reasonably ensure the appearance of the alien at any 
        future proceeding under this chapter; and
          (B) not endanger the safety of any other individual or the 
        community.
  (2) If the judge finds no such condition or combination of 
conditions, as described in paragraph (1) of this subsection, the alien 
shall remain in custody until the completion of any appeal authorized 
by this chapter.
Sec. 6907. Custody and release after removal hearing
  (a) Release.--(1) Subject to paragraph (2) of this subsection, if the 
judge decides that an alien should not be removed, the alien shall be 
released from custody.
  (2) If the Attorney General takes an appeal from the decision, the 
alien shall remain in custody, subject to section 3142 of title 18.
  (b) Custody and Removal.--(1) If the judge decides that an alien 
should be removed, the alien shall be detained pending the outcome of 
any appeal. After the conclusion of any judicial review that affirms 
the removal order, the Attorney General shall retain the alien in 
custody and remove the alien to a country specified under paragraph (2) 
of this subsection.
  (2)(A) The removal of an alien shall be to any country the alien 
designates if the 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 on 
extradition) or otherwise adversely affect the foreign policy of the 
United States.
  (B) 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, determines that removal of the alien to the designated 
country would impair a treaty obligation or adversely affect United 
States foreign policy, the Attorney General shall remove the alien to 
any country willing to receive the alien.
  (C) If no country is willing to receive the alien, the Attorney 
General may retain the alien in custody. The Attorney General, in 
coordination with the Secretary, shall make periodic efforts to reach 
agreement with other countries to accept the alien and at least every 6 
months shall provide to the attorney representing the alien at the 
removal hearing a written report on the Attorney General's efforts. An 
alien in custody under this subparagraph shall be released from custody 
only at the discretion of the Attorney General and subject to 
conditions the Attorney General considers appropriate.
  (D) Before an alien is removed from the United States under this 
subsection, or under an order of removal because the alien is 
inadmissible under section 6310(b) of this title, the alien shall be 
photographed and fingerprinted, and shall be advised of the provisions 
of section 10149(a)(2) of this title.
  (c) Continued Detention Pending Trial.--(1) The Attorney General may 
hold in abeyance the removal of an alien who has been ordered removed 
under this chapter to allow the trial of the alien on a federal or 
state criminal charge and the service of any sentence of confinement 
resulting from the trial.
  (2) Pending the commencement of any service of a sentence of 
confinement by an alien described in paragraph (1) of this subsection, 
the 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) Following the completion of a sentence of confinement by an alien 
described in paragraph (1) of this subsection, or following the 
completion of state criminal proceedings that do not result in a 
sentence of confinement of an alien released to the custody of state 
authorities under paragraph (2) of this subsection, the alien shall be 
returned to the custody of the Attorney General, who shall proceed to 
the removal of the alien under this chapter.
  (d) Application of Certain Provisions Related to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, an alien 
in the custody of the Attorney General under this chapter is deemed to 
be in custody by virtue of an arrest on a charge of a felony.
  (e) Rights of Aliens in Custody.--(1) An alien in the custody of the 
Attorney General under this chapter shall be given reasonable 
opportunity, as determined by the Attorney General, to communicate with 
and receive visits from members of the alien's family, and to contact, 
retain, and communicate with an attorney.
  (2) An alien in the custody of the Attorney General under this 
chapter has 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 for the alien. The Attorney 
General shall notify the appropriate embassy, mission, or consular 
office of the alien's detention.

                 CHAPTER 71--TEMPORARY PROTECTED STATUS

Sec.
7101.  General.
7102.  Granting the status.
7103.  Designation of foreign countries.
7104.  Information and notices about status.
7105.  Temporary documentation and work authorization.
7106.  Registration fees.
7107.  Withdrawal of status.
7108.  Relationship to cancellation of removal.
7109.  Relationship to immigration status.
7110.  Immigration status and continuous physical presence not affected 
          by temporary travel outside the United States.
7111.  Exclusive remedy.
7112.  Limitation on Senate consideration of legislation adjusting 
          status.
7113.  Annual reports.
Sec. 7101. General
  The Attorney General may grant an alien temporary protected status in 
the United States as provided in this chapter. During the period that 
the status is in effect--
          (1) the Attorney General may not detain the alien on the 
        basis of the alien's immigration status in the United States;
          (2) the Attorney General may not remove the alien from the 
        United States;
          (3) the Attorney General shall authorize the alien to work in 
        the United States;
          (4) the alien is not residing permanently in the United 
        States under color of law;
          (5) a State or political subdivision of a State that provides 
        public assistance may find the alien ineligible for the 
        assistance;
          (6) the alien may travel outside the United States with the 
        prior consent of the Attorney General; and
          (7) the alien is deemed to be maintaining lawful status as a 
        nonimmigrant for purposes of sections 9101(f)(3) and 9108 of 
        this title.
Sec. 7102. Granting the status
  (a) General Requirements for Granting.--The Attorney General may 
grant temporary protected status in the United States to an alien who--
          (1) is a national of a foreign country designated, or 
        designated in part, under section 7103 of this title, or has no 
        nationality but last habitually resided in such a county;
          (2) has been physically present in the United States 
        continuously since the effective date of the most recent 
        designation of that country or part of that country under 
        section 7103 of this title;
          (3) has resided in the United States continuously since a 
        date the Attorney General may specify;
          (4) is admissible as an immigrant, except that for purposes 
        of this clause--
                  (A) sections 4311(a) and 6301 of this title do not 
                apply;
                  (B) the Attorney General may waive subchapter I of 
                chapter 63 of this title (except as provided in 
                subclause (C) of this clause) for an individual alien 
                for humanitarian purposes, to ensure family unity, or 
                when it is otherwise in the public interest; and
                  (C) the Attorney General may not waive section 
                6309(a)(1)-(4), 6310(a)-(c), or 6311 of this title, 
                except as section 6309(a)(3) relates to a single 
                offense of simple possession of not more than 30 grams 
                of marijuana; and
          (5) registers for the temporary protected status during a 
        registration period of at least 180 days, to the extent and in 
        the manner the Attorney General establishes.
  (b) Prohibitions on Granting.--Notwithstanding subsection (a) of this 
section, the Attorney General may not grant temporary protected status 
to an alien if the Attorney General finds that the alien--
          (1) has been convicted of a felony or more than one 
        misdemeanor committed in the United States; or
          (2) is described in section 5106(b)(2)(A) of this title.
  (c) Brief, Casual, and Innocent Absences.--(1) An alien does not fail 
to maintain continuous physical presence in the United States under 
subsection (a)(2) of this section or section 7107(2) of this title 
because of a brief, casual, and innocent absence from the United 
States, whether or not authorized by the Attorney General.
  (2) An alien does not fail to maintain continuous residence in the 
United States under subsection (a)(3) of this section because of a 
brief, casual, and innocent absence from the United States, whether or 
not authorized by the Attorney General, or because of a brief temporary 
trip outside the United States required by emergency or extenuating 
circumstances beyond the alien's control.
  (d) Status Pending Registration or Final Decision.--(1) If an alien 
can establish a prima facie case of eligibility for temporary protected 
status under this chapter except that the period of registration under 
subsection (a)(5) of this section has not begun, the Attorney General 
shall provide the alien with the benefits of the status until the alien 
has had a reasonable opportunity to register during the first 30 days 
of the registration period.
  (2) If an alien establishes a prima facie case of eligibility for 
temporary protected status under this chapter, the Attorney General 
shall provide the alien with the benefits of the status until a final 
decision is made on the alien's eligibility.
  (e) Confidentiality.--The Attorney General shall establish procedures 
to protect the confidentiality of information provided by an alien 
under this chapter.
  (f) No Authorization To Apply for Admission or To Be Admitted.--This 
chapter does not authorize an alien to apply for admission, or to be 
admitted, to the United States to apply for temporary protected status 
under this chapter.
Sec. 7103. Designation of foreign countries
  (a) General.--After consultation with the heads of appropriate 
federal departments, agencies, or instrumentalities, the Attorney 
General may designate a foreign country or part of a foreign country 
under this section if the Attorney General finds that--
          (1) there is an armed conflict in the country that would pose 
        a serious threat to the personal safety of nationals of that 
        country if they were required to return to that country or part 
        of that country;
          (2)(A) there has been an earthquake, flood, drought, 
        epidemic, or other environmental disaster in the country 
        resulting in a substantial, but temporary, disruption of living 
        conditions in the area affected by the disaster;
          (B) the country temporarily is unable to handle returning 
        nationals adequately; and
          (C) the government of the country officially has requested 
        designation under this clause (2); or
          (3) extraordinary and temporary conditions exist in the 
        country that prevent nationals from returning to that country 
        in safety, unless the Attorney General finds that permitting 
        the aliens to remain temporarily in the United States is 
        contrary to the interest of the United States.
  (b) Publication of Designations.--A designation under subsection (a) 
of this section is effective only if notice of the designation 
(including a statement of the findings under subsection (a) and the 
effective date of the designation) is published in the Federal 
Register. The Attorney General shall include in the notice an estimate 
of the number of nationals of the designated country who are, or within 
the effective period of the designation are likely to become, eligible 
for temporary protected status under this chapter and their immigration 
status in the United States.
  (c) Effective Period of Designations.--A designation under this 
section--
          (1) takes effect on the date the notice is published under 
        subsection (b) of this section or a later date the Attorney 
        General specifies in the notice; and
          (2) remains in effect until terminated under subsection (d) 
        of this section.
  (d) Periodic Reviews, Extensions, and Terminations.--(1) The initial 
period of designation of a foreign country or part of a foreign country 
is the period specified by the Attorney General. The period shall be at 
least 6 months but not more than 18 months.
  (2) At least 60 days before the end of the initial period of 
designation and any extended period of designation, the Attorney 
General, after consultation with the heads of appropriate federal 
departments, agencies, and instrumentalities, shall review the 
conditions in the designated country or part of the country and decide 
whether the conditions for the designation continue to be met.
  (3)(A) If the Attorney General does not decide that the designated 
country or part of the country no longer meets the conditions for 
designation, the designation is extended for 6 months or, in the 
discretion of the Attorney General, for 12 or 18 months.
  (B) If the Attorney General decides that the designated country or 
part of the country no longer meets the conditions for designation, the 
Attorney General shall terminate the designation. A termination is 
effective 60 days after notice of the termination is published in the 
Federal Register or when the most recent extension expires, whichever 
is later.
  (4) The Attorney General shall publish in the Federal Register, on a 
timely basis, notice of each decision under this subsection, including 
the basis for the decision, and the period of any extension.
  (e) Information on Protected Status at Time of Designation.--When the 
Attorney General designates a foreign country or part of a foreign 
country under subsection (a) of this section, the Attorney General 
shall make available to nationals of that country information on the 
temporary protected status available under this chapter.
  (f) Administrative and Judicial Review.--(1) The Attorney General 
shall establish an administrative procedure to review a denial of 
benefits to an alien under this section. The procedure may not prevent 
an alien from asserting protection under this chapter in a removal 
proceeding if the alien demonstrates that the alien is a national of a 
foreign country designated, or designated in part, under this section.
  (2) A designation, extension, or termination under this section is 
not subject to judicial review.
Sec. 7104. Information and notices about status
  (a) Information About Status.--On granting temporary protected status 
to an alien under this chapter, the Attorney General shall provide the 
alien with information about the status.
  (b) Notices of Availability at Deportation Proceedings.--The Attorney 
General promptly shall notify an alien of the temporary protected 
status that may be available under this chapter--
          (1) if, when a removal proceeding is initiated against the 
        alien, the foreign country of which the alien is a national has 
        been designated, or designated in part, under section 7103 of 
        this title; or
          (2) if, during a removal proceeding pending against the 
        alien, the country of which the alien is a national is 
        designated, or designated in part, under section 7103 of this 
        title.
  (c) Form and Language.--Information and notices under this section 
shall be in a form and language the alien can understand.
Sec. 7105. Temporary documentation and work authorization
  (a) General.--On granting temporary protected status to an alien 
under this chapter, the Attorney General shall provide for the issuance 
of temporary documentation and work authorization necessary to carry 
out this chapter. The work authorization shall be an ``employment 
authorized'' endorsement or other appropriate work permit.
  (b) Period of Validity.--(1) Work authorization issued under 
subsection (a) of this section is valid during the period the alien is 
in temporary protected status under this chapter.
  (2) Subject to subsection (c) of this section, the documentation and 
work authorization are valid for the initial period of designation of 
the foreign country or part of the foreign country involved and any 
extension of that period. The Attorney General may stagger the periods 
of validity of the documentation and authorization to provide for an 
orderly renewal of the documentation and authorization and for an 
orderly transition under subsection (c) when a designation is 
terminated.
  (c) Effective Date of Terminations.--A termination of a designation 
under section 7103(d)(3)(B) of this title applies only to documentation 
and work authorization issued or renewed after--
          (1) the effective date of the termination; or
          (2) a later date the Attorney General decides is appropriate 
        to provide for an orderly transition.
Sec. 7106. Registration fees
  (a) Allowable Fees.--The Attorney General may require payment of a 
reasonable fee of not more than $50 as a condition for registering an 
alien under section 7102(a)(5) of this title and an additional fee for 
providing a work authorization.
  (b) Crediting Appropriation.--All fees collected under this section 
shall be credited to the appropriation to be used to carry out this 
chapter.
Sec. 7107. Withdrawal of status
  The Attorney General shall withdraw temporary protected status 
granted to an alien under this chapter if--
          (1) the Attorney General finds that the alien was not 
        eligible for the status;
          (2) except as provided in sections 7101(6) and 7102(c) of 
        this title, the alien has not remained continuously physically 
        present in the United States from the date the alien first was 
        granted the status; or
          (3) the alien, without good cause, does not register with the 
        Attorney General annually, at the end of each 12-month period 
        after the status is granted, in the form and manner specified 
        by the Attorney General.
Sec. 7108. Relationship to cancellation of removal
  Under section 6721(a) of this title, the period during which 
temporary protected status is in effect for an alien--
          (1) is not counted as a period of physical presence in the 
        United States unless the Attorney General decides that extreme 
        hardship exists; and
          (2) does not cause a break in the continuity of residence 
        before and after the period during which the alien has that 
        status.
Sec. 7109. Relationship to immigration status
  (a) General.--This chapter does not authorize the Attorney General to 
deny temporary protected status to an alien based on the alien's 
immigration status or to require an alien, as a condition of being 
granted temporary protected status, to relinquish any other status the 
alien may have or to waive any right under this title (except 
subchapter I of chapter 7, chapter 47, subchapters II and III of 
chapter 131, and chapters 133, 135, and 151).
  (b) Temporary Protected Status Not Inconsistent With Nonimmigrant 
Status.--Granting temporary protected status under this chapter is not 
inconsistent with granting nonimmigrant status under this title.
Sec. 7110. Immigration status and continuous physical presence not 
                    affected by temporary travel outside the United 
                    States
  An alien granted temporary protected status under this chapter whom 
the Attorney General authorizes to travel outside the United States 
temporarily and who returns to the United States according to the 
authorization--
          (1) shall be inspected and admitted in the same immigration 
        status the alien had at the time of departure if the alien is 
        found not to be inadmissible on a ground referred to in section 
        7102(a)(4)(C) of this title; and
          (2) has not failed to maintain continuous physical presence 
        in the United States under section 6721(a) of this title 
        because of the departure if the absence meets the requirements 
        of section 6721(c).
Sec. 7111. Exclusive remedy
  Except as otherwise specifically provided, this chapter provides the 
exclusive authority of the Attorney General under law to allow an alien 
who is or may become otherwise removable or who has been paroled into 
the United States to remain in the United States temporarily because of 
the alien's nationality or region of foreign country of nationality.
Sec. 7112. Limitation on Senate consideration of legislation adjusting 
                    status
  (a) General.--Except as provided in subsection (b) of this section, 
it is not in order in the Senate to consider a bill, resolution, or 
amendment that--
          (1) provides for the adjustment to lawful temporary or 
        permanent resident alien status for an alien receiving 
        temporary protected status under this chapter; or
          (2) has the effect of amending or limiting the application of 
        this section.
  (b) Supermajority Requirement.--An affirmative vote of three-fifths 
of the members of the Senate chosen and sworn is required to--
          (1) waive or suspend subsection (a) of this section; or
          (2) sustain an appeal of the ruling of the Chair on a point 
        of order raised under subsection (a) of this section.
  (c) Senate Rulemaking Power.--This section--
          (1) is enacted as an exercise of the rulemaking power of the 
        Senate;
          (2) is deemed to be a part of the rules of the Senate on 
        matters described in subsection (a) of this section;
          (3) supersedes other rules of the Senate only to the extent 
        inconsistent with this section; and
          (4) is enacted with full recognition of the constitutional 
        right of the Senate to change those rules at any time in the 
        same manner as any other rule of the Senate.
Sec. 7113. Annual reports
  (a) Attorney General.--Not later than March 1 of each year, the 
Attorney General, after consultation with the heads of appropriate 
federal departments, agencies, and instrumentalities, shall submit to 
the Committees on the Judiciary of the House of Representatives and the 
Senate a report on the operation of this chapter during the prior year. 
The report shall include--
          (1) a listing of foreign countries and parts of foreign 
        countries designated under section 7103 of this title;
          (2) the number of nationals of each country granted temporary 
        protected status under this chapter and their immigration 
        status before being granted temporary protected status; and
          (3) an explanation of why each foreign country or part of a 
        foreign country was designated under section 7103 of this title 
        and why a designation was extended or terminated.
  (b) Committee Reports.--Not later than 180 days after receiving a 
report under subsection (a) of this section, the Committees on the 
Judiciaryof the House of Representatives and the Senate shall report to 
the House and Senate, respectively, on oversight findings and 
legislation the applicable Committee considers appropriate.

 CHAPTER 73--ADDITIONAL REGULATION OF PERSONS PROVIDING TRANSPORTATION

Sec.
7301.  Ports of entry for aircraft and civil air navigation regulation.
7302.  Lists of passengers.
7303.  Payment contingent on admission prohibited.
7304.  Detention and delivery of arriving aliens.
7305.  Duty to prevent unauthorized landing.
7306.  Carrier contracts for inspection and admission.
7307.  Prohibitions on bringing certain aliens to the United States.
7308.  Fees for inspecting passengers.
Sec. 7301. Ports of entry for aircraft and civil air navigation 
                    regulation
  The Attorney General by regulation may--
          (1) designate as ports of entry for aliens arriving by 
        aircraft in the United States any of the ports of entry 
        designated for civil aircraft under section 2(b)(1)(A) of 
        Public Law 103-272 (19 U.S.C. 1644a(b)(1)(A));
          (2) require aircraft in civil air navigation to give notice 
        of landing or intention to land as necessary to carry out this 
        title; and
          (3) apply this title to civil air navigation to the extent 
        the Attorney General considers necessary.
Sec. 7302. Lists of passengers
  (a) Arriving Passengers.--An owner, agent, master, commanding 
officer, or consignee of a vessel or aircraft arriving in the United 
States from a place outside the United States shall give an immigration 
officer at the port of arrival a list of the passengers on the vessel 
or aircraft. The list shall be prepared at the time, be in the form, 
and contain the information the Attorney General prescribes by 
regulation as necessary to identify the passengers and enforce the 
immigration laws.
  (b) Departing Passengers.--(1) A master, commanding officer, or agent 
of a vessel or aircraft taking on passengers in the United States who 
are destined to a place outside the United States shall give an 
immigration officer at the port a list of those passengers before 
departing. The list shall be in the form, contain the information, and 
be accompanied by other documentation the Attorney General prescribes 
by regulation as necessary to identify the passengers and enforce the 
immigration laws. The master, commanding officer, or agent shall state 
under oath that the list and accompanying documentation contain all of 
the required information.
  (2) The vessel or aircraft may be cleared only after the master, 
commanding officer, or agent complies with paragraph (1) of this 
subsection. However, if the Attorney General decides that the vessel or 
aircraft is making regular trips to ports of the United States, the 
Attorney General, when it is expedient, may allow the master, 
commanding officer, or agent to give the list and documentation at a 
later date.
  (c) Exceptions.--Subsections (a) and (b) of this section do not 
require that a list include--
          (1) an alien crewmember; or
          (2) except as required by regulations prescribed under 
        section 7301 of this title, a passenger--
                  (A) arriving by air on a trip originating in foreign 
                territory contiguous to the United States; or
                  (B) departing by air on a trip originating in the 
                United States and destined for foreign territory 
                contiguous to the United States.
  (d) Waiver.--The Attorney General may prescribe conditions under 
which the requirements of this section may be waived.
Sec. 7303. Payment contingent on admission prohibited
  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 may not take any 
consideration to be kept or returned contingent on whether the alien is 
admitted to, or ordered removed from, the United States.
Sec. 7304. Detention and delivery of arriving aliens
  An immigration officer may 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 
to--
          (1) detain the alien on the vessel or at the airport of 
        arrival; and
          (2) deliver the alien to an immigration officer for 
        inspection or to a medical officer for examination.
Sec. 7305. Duty to prevent unauthorized landing
  (a) General.--(1) A person bringing an alien to, or providing a means 
for an alien to travel to, the United States (including an alien 
crewmember not covered by section 2704(a) of this title) shall prevent 
the alien from landing in the United States at--
          (A) a port of entry not designated by the Attorney General; 
        or
          (B) a time or place not designated by an immigration officer.
  (2) Proof that an alien did not appear at the time and place 
designated by the immigration officer is prima facie evidence that the 
alien landed in the United States at a time or place not designated by 
the immigration officer.
  (3) This subsection does not apply to a carrier that has made a 
contract as provided in section 7306(b) of this title.
  (b) Diligence Defense.--(1) An owner or operator of a railroad line, 
international bridge, or toll road that satisfies the Attorney General 
that the owner or operator has acted diligently and reasonably to 
comply with subsection (a)(1) of this section is not liable for a 
penalty under section 10122 of this title for not complying with 
subsection (a)(1).
  (2) On request of an owner or operator referred to in paragraph (1) 
of this subsection, the Attorney General shall inspect a facility 
established, or method used, by the owner or operator at a place of 
entry into the United States to comply with subsection (a)(1) of this 
section. The Attorney General shall approve, for the period of time the 
Attorney General prescribes, a facility or method the Attorney General 
decides is satisfactory to achieve compliance.
  (3) Proof that an owner or operator referred to in paragraph (1) of 
this subsection has diligently maintained a facility, or used a method, 
approved by the Attorney General under paragraph (2) of this subsection 
(during the period the approval is in effect) is prima facie evidence 
that the owner or operator acted diligently and reasonably to comply 
with subsection (a)(1) of this section.
Sec. 7306. Carrier contracts for inspection and admission
  (a) Definition.--In this section, ``carrier'' includes the owner, 
agent, charterer, or consignee operating a vessel, aircraft, or 
railroad train bringing an alien to the United States, to foreign 
territory, or to an adjacent island.
  (b) Carrier Contracts.--(1) The Attorney General may make a contract 
with a carrier for--
          (A) the inspection and admission of aliens coming to the 
        United States from foreign territory or an adjacent island; or
          (B) a guarantee of passage through the United States in 
        immediate and continuous transit of aliens destined for a 
        foreign country.
  (2) A carrier may not allow an alien coming from foreign territory or 
an adjacent island to land in the United States unless the carrier has 
made a contract required by the Attorney General under paragraph (1)(A) 
of this subsection.
  (c) Landing Stations.--A carrier engaged in transporting alien 
passengers for compensation to the United States from foreign territory 
or an adjacent island--
          (1) shall provide and maintain at its expense suitable 
        landing stations conveniently located at the places of entry in 
        the United States; and
          (2) may land alien passengers in the United States only if 
        the Attorney General approves the landing stations and the 
        maintenance of the stations.
Sec. 7307. Prohibitions on bringing certain aliens to the United States
  (a) Aliens Not Having Passports and Visas.--A person may not bring to 
the United States (except from a foreign territory contiguous to the 
United States) an alien who does not have a passport and a visa, if a 
visa is required by this title or regulations prescribed under this 
title.
  (b) Aliens Inadmissible Because of Health.--(1) An owner, agent, 
master, commanding officer, charterer, or consignee of a vessel or 
aircraft may not bring to the United States an alien who is 
inadmissible under section 6304 of this title.
  (2) Paragraph (1) of this subsection does not apply if--
          (A) the alien is a crewmember;
          (B) the alien is allowed to land in the United States;
          (C) the alien is in possession of an immigrant visa;
          (D) the alien is in possession of a nonimmigrant visa or 
        other documentation authorizing the alien to apply for 
        temporary admission to the United States and applies for 
        admission within 120 days after the date the visa or 
        documentation was issued;
          (E) the alien is in possession of a reentry permit and 
        applies for admission within 120 days after the date of the 
        alien's last inspection and admission;
          (F)(i) the alien is in possession of 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, agent, master, commanding officer, 
        charterer, or consignee of the vessel or aircraft satisfies the 
        Attorney General that the existence of the condition causing 
        inadmissibility could not have been discovered by exercising 
        due diligence before the alien boarded the vessel or aircraft; 
        or
          (G) the alien is entitled by law to exemption from the 
        grounds of inadmissibility in chapter 63 of this title.
Sec. 7308. Fees for inspecting passengers
  (a) Fees.--In addition to any other fee authorized by law, the 
Attorney General shall charge and collect $6 for the immigration 
inspection of each passenger arriving at a port of entry in the United 
States, or for the preinspection of each passenger in a place outside 
the United States before arrival, on a commercial vessel or commercial 
aircraft. However, that fee may not be charged and collected for--
          (1) a passenger on a commercial vessel if the passenger's 
        journey originated in Canada, Mexico, a territory or possession 
        of the United States, or an adjacent island; or
          (2) a passenger in transit to a destination outside the 
        United States and for whom immigration inspection services are 
        not provided.
  (b) Collection.--(1) A person issuing a document or ticket to an 
individual for transportation on a commercial vessel or commercial 
aircraft to the United States shall--
          (A) collect from the individual the fee charged under 
        subsection (a) of this section when the document or ticket is 
        issued; and
          (B) identify on that document or ticket the fee charged under 
        subsection (a) of this section as a federal inspection fee.
  (2) If a document or ticket for transportation of a passenger to the 
United States is issued in a foreign country and the fee charged under 
subsection (a) of this section is not collected when the document or 
ticket is issued, the person providing the transportation shall collect 
the fee when the passenger departs from the United States and give the 
passenger a receipt for payment of the fee.
  (3) The person collecting a fee under this section shall pay the fee 
to the Attorney General within 30 days after the end of the calendar 
quarter in which the fee is collected, except that--
          (A) the 4th quarter payment for fees collected from 
        passengers on commercial aircraft shall be paid on the 10th day 
        before the end of the fiscal year; and
          (B) the first quarter payment shall include any collections 
        made in the prior quarter that were not paid with the prior 
        payment.
  (4) Fees collected under this section shall be deposited as 
offsetting receipts in the Treasury in the Immigration User Fee Account 
established under section 345 of this title.
  (c) Regulations.--Regulations prescribed by the Attorney General for 
the collection of fees and payment of those fees under this section 
shall be consistent with regulations prescribed by the Secretary of the 
Treasury for the collection and remittance of taxes imposed by 
subchapter C of chapter 33 of the Internal Revenue Code of 1986 (26 
U.S.C. ch. 33, subch. C), but only to the extent the latter regulations 
are not inconsistent with this section.

            PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS

              CHAPTER 81--REGISTRATION AND FINGERPRINTING

Sec.
8101.  Registration and fingerprinting requirements.
8102.  Forms and oath.
8103.  Certificates of alien registration and alien registration receipt 
          cards.
8104.  Address notification.
8105.  Confidentiality of records.
Sec. 8101. Registration and fingerprinting requirements
  (a) General Requirements.--Except as provided in subsection (c) of 
this section--
          (1) an alien applying for a visa shall be registered and 
        shall provide signed copies of a photograph of the alien to be 
        used as prescribed by regulation;
          (2) an alien at least 14 years of age who remains in the 
        United States for at least 30 days and has not been registered 
        and fingerprinted under clause (1) of this subsection or 
        section 30 or 31 of the Alien Registration Act, 1940, shall 
        apply for registration and fingerprinting within those 30 days;
          (3) if an alien less than 14 years of age remains in the 
        United States for at least 30 days and has not been registered 
        under clause (1) of this subsection, the parent or legal 
        guardian of the alien shall apply for registration of the alien 
        within those 30 days; and
          (4) an alien who becomes 14 years of age in the United States 
        shall apply for registration and fingerprinting within 30 days 
        after becoming 14 years of age.
  (b) Special Requirements for Certain Aliens.--The Attorney General 
may prescribe special regulations and forms for registering and 
fingerprinting--
          (1) alien crewmembers;
          (2) holders of border crossing identification cards;
          (3) aliens confined in institutions in the United States;
          (4) aliens under order of removal;
          (5) aliens who are or have been on criminal probation or 
        criminal parole in the United States; and
          (6) aliens not lawfully admitted for permanent residence.
  (c) Waivers and Nonapplication.--(1) The Secretary of State may waive 
subsection (a)(1) of this section for an alien described in section 
2301 or 2302 of this title or an alien issued a diplomatic visa on a 
diplomatic passport or on equivalent documentation.
  (2) On a reciprocal basis, the Attorney General may waive the 
fingerprinting requirement of subsection (a)(2)-(4) of this section for 
a nonimmigrant.
  (3) Subsections (a)(2)-(4) and (b) of this section do not apply to an 
alien who has the status of a nonimmigrant classified under section 
2301 or 2302 of this title.
Sec. 8102. Forms and oath
  (a) Forms.--The Attorney General and Secretary of State jointly shall 
prepare forms for registering aliens under section 8101(a)(1) of this 
title. The Attorney General shall prepare forms for registering and 
fingerprinting aliens under section 8101(a)(2)-(4) of this title. The 
forms shall request information on--
          (1) the date and place of entry of the alien into the United 
        States;
          (2) activities and intended activities of the alien;
          (3) the period of time the alien expects to remain in the 
        United States;
          (4) any police and criminal records of the alien; and
          (5) additional information as prescribed.
  (b) Oath.--Information required for registration under this chapter 
shall be given under oath. An individual authorized by regulations 
prescribed by the Attorney General to register aliens under this 
chapter may administer the oath.
Sec. 8103. Certificates of alien registration and alien registration 
                    receipt cards
  (a) Issuance.--An alien in the United States who has been registered 
and fingerprinted under this chapter or the Alien Registration Act, 
1940, shall be issued a certificate of alien registration or an alien 
registration receipt card in the form and way, and at the time, the 
Attorney General prescribes by regulation.
  (b) Card To Be Carried.--An alien at least 18 years of age shall 
carry at all times the certificate of alien registration or alien 
registration receipt card issued to the alien under this section.
Sec. 8104. Address notification
  (a) Notice of Change of Address.--Each alien in the United States who 
is required to register under this chapter shall--
          (1) notify the Attorney General in writing of each new 
        address of the alien within 10 days after the date of a change 
        of address; and
          (2) provide with the notice additional information the 
        Attorney General may require by regulation.
  (b) Notice of Natives' Current Addresses.--The Attorney General may 
require, on 10 days' notice, the natives of a foreign country or a 
class or group of natives of a foreign country who are in the United 
States and required to register under this chapter to notify the 
Attorney General of their current addresses and to provide the Attorney 
General additional information the Attorney General may require.
  (c) Notice for Aliens Less Than 14 Years of Age.--A parent or legal 
guardian of an alien less than 14 years of age who is required to 
register shall be given the notice required by this section.
Sec. 8105. Confidentiality of records
  A registration or fingerprinting record made under this chapter is 
confidential and may be made available only to--
          (1) federal, state, and local law enforcement agencies; and
          (2) persons and agencies the Attorney General designates.

                       CHAPTER 83--MISCELLANEOUS

Sec.
8301.  Notice of denial of visa, admission, or adjustment of status.
8302.  Discontinuing issuance of visas when country denies or delays 
          accepting alien.
8303.  Restriction on immigration of officers and employees of foreign 
          governments and international organizations.
8304.  Ineligibility of section 2312 nonimmigrants for certain benefits.
8305.  Federal assistance in incarcerating undocumented criminal aliens.
8306.  Reimbursement of certain expenses.
Sec. 8301. Notice of denial of visa, admission, or adjustment of status
  (a) General.--If a consular officer or an immigration officer denies 
an alien's application for a visa or admission to the United States 
because the officer finds the alien to be inadmissible under section 
2121(a), 4104(g), or 4311(a) or subchapter I of chapter 63 of this 
title, or denies an application for adjustment of status because the 
officer finds the alien to be ineligible for the adjustment because of 
the application of section 9106 of this title, the officer shall 
provide the alien with a timely written notice of the denial. The 
notice shall state the decision and list the specific provisions of law 
on which the denial is based.
  (b) Waiver.--The Secretary of State may waive subsection (a) of this 
section for an alien or for a class of inadmissible aliens.
  (c) Nonapplication.--Subsection (a) of this section does not apply to 
an alien inadmissible under section 6309(a)(1), (2), (3), (4), (5), or 
(7), 6310, or 6311 of this title.
Sec. 8302. Discontinuing issuance of visas when country denies or 
                    delays 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 section 6716 of this title, the Secretary of State shall order 
consular officers in that foreign country to discontinue granting 
immigrant visas, 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. 8303. Restriction on immigration of officers and employees of 
                    foreign governments and international organizations
  An officer or employee of a government of a foreign country or an 
international organization, and an attendant, servant, employee, or 
member of the immediate family of the officer or employee, may apply 
for and be issued an immigrant visa and be admitted to the United 
States as an immigrant only after executing the same waiver as provided 
in section 9105(c)(2) of this title.
Sec. 8304. Ineligibility of section 2312 nonimmigrants for certain 
                    benefits
  (a) Ineligibility.--An alien admitted to the United States as a 
nonimmigrant classified under section 2312 of this title, or provided 
status as a nonimmigrant classified under section 2312 after admission, 
is ineligible to apply for an immigrant visa, permanent residence, or a 
nonimmigrant visa under any of sections 2313-2317 and 2325 of this 
title until it is established that the alien has resided and been 
physically present in the foreign country of the alien's nationality or 
last residence for a total of at least 2 years after leaving the United 
States, if--
          (1) the alien's participation in the program for which the 
        alien came to the United States was financed, directly or 
        indirectly, in any part by the Federal Government or by the 
        government of the foreign country of the alien's nationality or 
        last residence;
          (2) the alien, at the time the alien was admitted or provided 
        status as a nonimmigrant classified under section 2312 of this 
        title, was a national or resident of a foreign country that the 
        Director of the United States Information Agency (under 
        regulations the Director prescribed) designated as clearly 
        requiring the services of individuals engaged in the alien's 
        field of specialized knowledge or skill; or
          (3) the alien came to the United States or acquired status as 
        a nonimmigrant classified under section 2312 of this title to 
        receive graduate medical education or training.
  (b) Waivers.--Except as provided in subsection (c) of this section, 
the Attorney General may waive the 2-year residence requirement of 
subsection (a) of this section if the Attorney General finds that 
admitting the alienwould be in the public interest, after receiving a 
favorable recommendation from--
          (1) the Director--
                  (A) because of a request from the head of an 
                interested federal department, agency, or 
                instrumentality or, in the case of an alien described 
                in subsection (a)(3) of this section, a request from a 
                State Department of Public Health or its equivalent; or
                  (B) if the foreign country of the alien's nationality 
                or last residence provides the Director with a written 
                statement that it does not object to the waiver, except 
                that this subclause does not apply to an alien 
                described in subsection (a)(3) of this section; or
          (2) the Commissioner of Immigration and Naturalization if the 
        Commissioner finds that--
                  (A) departure from the United States would impose 
                exceptional hardship on the alien's spouse or child 
                when the spouse or child is a citizen of the United 
                States or lawfully admitted for permanent residence; or
                  (B) the alien would be subject to persecution on 
                account of race, religion, or political opinion if the 
                alien returned to the foreign country of the alien's 
                nationality or last residence.
  (c) Restriction on Waiver Requests.--(1) The Attorney General may 
grant a waiver requested under subsection (b) of this section by a 
State Department of Public Health, or its equivalent, or by the head of 
an interested federal department, agency, or instrumentality, for an 
alien described in subsection (a)(3) of this section only if--
          (A) in the case of an alien contractually obligated to return 
        to a foreign country, the government of the country provides 
        the Director with a written statement that the country does not 
        object to the waiver;
          (B) in the case of a request by a State Department of Public 
        Health or its equivalent, the grant of the waiver would not 
        cause the number of waivers allotted for that State for that 
        fiscal year to exceed 20;
          (C) the alien demonstrates an offer of full-time employment 
        at a health facility or health care organization, the Attorney 
        General decides that the employment is in the public interest, 
        and the alien agrees--
                  (i) to begin employment at the facility or 
                organization not later than 90 days after receiving the 
                waiver; and
                  (ii) to continue to work for at least 3 years unless 
                the Attorney General decides that extenuating 
                circumstances such as the closure of the facility or 
                hardship to the alien justifies a shorter period of 
                time, in which case the alien must demonstrate another 
                offer of employment at a health facility or health care 
                organization for the remainder of the 3-year period; 
                and
          (D) except in the case of a request by the head of the 
        interested federal department, agency, or instrumentality to 
        employ the alien full-time in medical research or training, the 
        alien agrees to practice medicine as provided in paragraph (2) 
        of this subsection for at least 3 years only in geographic 
        areas the Secretary of Health and Human Services designates as 
        having a shortage of health care professionals.
  (2)(A) Notwithstanding section 9108(b)(3) of this title, the Attorney 
General may change the status of an alien who qualifies under this 
subsection and subsection (a) of this section to that of a nonimmigrant 
classified under section 2313 of this title.
  (B) An alien who has acquired a change of status under subparagraph 
(A) of this paragraph and who has not fulfilled the terms of a contract 
with the health facility or health care organization is ineligible to 
apply for an immigrant visa, for permanent residence, or for any other 
change of nonimmigrant status until it is established that the alien 
has resided and been physically present in the foreign country of the 
alien's nationality or last residence for a total of at least 2 years 
after leaving the United States.
  (C) The 2-year foreign residence requirement under subsection (a) of 
this section applies to an alien described in subsection (a)(3) of this 
section (except a special immigrant under section 133(a)(8) of this 
title) and the waiver granted that alien under subsection (b) of this 
section is revoked if--
          (i) the alien does not comply at any time with an agreement 
        made under paragraph (1)(C) or (D) of this subsection; or
          (ii) the alien's employment does not benefit the public 
        interest at any time during the 3-year period described in 
        paragraph (1)(C) of this subsection.
Sec. 8305. Federal assistance in incarcerating undocumented criminal 
                    aliens
  (a) Definition.--In this section, ``undocumented criminal alien'' 
means an alien who--
          (1) has been convicted of a felony or at least 2 
        misdemeanors; and
          (2)(A) entered the United States without inspection or at a 
        time or place not designated by the Attorney General;
          (B) was the subject of an exclusion or deportation proceeding 
        when taken into custody by a State or political subdivision of 
        a State; or
          (C) was admitted as a nonimmigrant and, when taken into 
        custody by a State or political subdivision of a State--
                  (i) had not maintained the nonimmigrant status under 
                which the alien was admitted or which the alien 
                acquired under section 9108 of this title; or
                  (ii) had not complied with a condition of the 
                nonimmigrant status.
  (b) Federal Government Responsibilities.--(1) If the chief executive 
officer of a State (or, if appropriate, a political subdivision of a 
State) exercising authority for the incarceration of an undocumented 
criminal alien submits a written request to the Attorney General, the 
Attorney General, as the Attorney General decides, shall--
          (A) make a contract providing for compensation to the State 
        or political subdivision of the State, as appropriate, for 
        incarceration of the alien; or
          (B) take the alien into the custody of the Federal Government 
        and incarcerate the alien.
  (2) Compensation under paragraph (1)(A) of this subsection shall be 
the average cost of incarceration of a prisoner in the relevant State 
as determined by the Attorney General.
  (3)(A) In carrying out paragraph (1) of this subsection, the Attorney 
General shall give priority to the Government's incarceration of 
undocumented criminal aliens who have committed an aggravated felony.
  (B) The Attorney General shall ensure that undocumented criminal 
aliens incarcerated in Government facilities under this section are 
held in facilities that provide a level of security appropriate to the 
offenses of which they were convicted.
  (c) Use of Amounts.--To the extent of available appropriations, the 
recipient of amounts otherwise made available under this section to a 
State or a political subdivision, including a municipality, of a State 
for incarceration of an undocumented criminal alien may use the amounts 
for the costs of imprisoning the alien in a state, local, or municipal 
prison or jail.
  (d) Authorization of Appropriations.--(1) Amounts necessary to carry 
out this section may be appropriated. Of those amounts, the following 
amounts may be appropriated from the Violent Crime Reduction Trust 
Fund:
          (A) $350,000,000 for the fiscal year ending September 30, 
        1998.
          (B) $350,000,000 for the fiscal year ending September 30, 
        1999.
          (C) $340,000,000 for the fiscal year ending September 30, 
        2000.
  (2) Beginning October 1, 2004, the requirements of this section are 
not subject to the availability of appropriations.
Sec. 8306. Reimbursement of certain expenses
  (a) Medical Assistance for Care and Treatment of Emergency Medical 
Condition.--(1) In this section, ``emergency medical condition'' means 
a medical condition (including emergency labor and delivery) 
manifesting itself by acute symptoms of sufficient severity (including 
severe pain) such that the absence of immediate medical attention 
reasonably could be expected to result in--
          (A) placing the patient's health in serious jeopardy;
          (B) serious impairment to bodily functions; or
          (C) serious dysfunction of any bodily organ or part.
  (2) Subject to amounts provided in advance in an appropriation law, 
each State or political subdivision of a State that after December 31, 
1996, provides medical assistance for care and treatment of an 
emergency medical condition 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 (42 U.S.C. 1395ww)) or through a contract with another hospital or 
facility to an alien not lawfully present in the United States is 
eligible for payment from the Federal Government of its costs of 
providing the services that are not reimbursed otherwise through any 
other federal program and that cannot be recovered from the alien or 
another person.
  (3) Payment may be made under this subsection only after the 
immigration status of the alien has been verified through appropriate 
procedures established by the Secretary of Health and Human Services 
and the Attorney General.
  (4) The Attorney General, in consultation with the Secretary, shall 
carry out this subsection.
  (b) Emergency Ambulance Services.--Subject to available 
appropriations, the Attorney General shall reimburse each State and 
political subdivision of that State completely for costs the State or 
subdivision incurs for emergency ambulance services provided to an 
alien who--
          (1) is injured while crossing a land or sea border of the 
        United States without inspection or at any time or place except 
        as designated by the Attorney General; and
          (2) is under the custody of the State or subdivision pursuant 
        to a transfer, request, or other action by a federal authority.

                PART F--ADJUSTMENT AND CHANGE OF STATUS

              CHAPTER 91--ADJUSTMENT AND CHANGE OF STATUS

Sec.
9101.  Aliens inspected and admitted or paroled into the United States.
9102.  Aliens who entered the United States without inspection and 
          certain other aliens.
9103.  Aliens admitted as foreign government officials and their 
          families.
9104.  Aliens entering the United States before January 1, 1972.
9105.  Aliens lawfully admitted for permanent residence.
9106.  Additional requirements for aliens adjusting to certain 
          employment-based immigrant status.
9107.  Rescission of adjustment of status to alien lawfully admitted for 
          permanent residence.
9108.  Change of status.
Sec. 9101. Aliens inspected and admitted or paroled into the United 
                    States
  (a) Requirements.--Except as provided in subsections (e)-(g) of this 
section, the Attorney General may adjust the status of an alien 
inspected and admitted or paroled into the United States to that of an 
alien lawfully admitted for permanent residence if--
          (1) the alien applies for the adjustment, is eligible to 
        receive an immigrant visa, and is admissible to the United 
        States for permanent residence; and
          (2) an immigrant visa is immediately available to the alien 
        when the application for adjustment is filed.
  (b) Recordation of Adjustment.--On approving an application for 
adjustment of status under subsection (a) of this section, the Attorney 
General shall record the lawful admission of the alien for permanent 
residence as of the date of approval.
  (c) Reduction in Number of Authorized Immigrant Visas.--For each 
alien lawfully admitted for permanent residence under this section, the 
Secretary of State shall reduce by one the number of immigrant visas 
that may be issued under sections 4103-4105 and 4110 of this title 
within the class to which the alien is chargeable for the current 
fiscal year.
  (d) Application to Certain Special Immigrants.--(1) In applying this 
section to a special immigrant as defined in section 133(a)(12) of this 
title--
          (A) the alien is deemed to have been paroled into the United 
        States;
          (B) when the Attorney General is deciding on the alien's 
        admissibility as an immigrant--
                  (i) sections 4311(a), 6301(a)(2) and (b), 6306(a)-
                (c), and 9106 of this title do not apply;
                  (ii) the Attorney General may waive subchapter I of 
                chapter 63 of this title (except as provided in 
                subclause (iii) of this clause) for an alien for 
                humanitarian purposes, to ensure family unity, or when 
                it is otherwise in the public interest; and
                  (iii) the Attorney General may not waive section 
                6309(a)(1)-(4), 6310(a)-(c), or 6311 of this title, 
                except as section 6309(a)(3) relates to a single 
                offense of simple possession of not more than 30 grams 
                of marijuana;
          (C) the relationship between an alien and the alien's natural 
        parents or prior adoptive parents is not a factor in making a 
        waiver under clause (B)(ii) of this paragraph; and
          (D) this paragraph and section 133(a)(12) of this title do 
        not authorize an alien to apply for admission or be admitted to 
        the United States to obtain the special immigrant status as 
        defined in section 133(a)(12).
  (2) In applying this section to a special immigrant as defined in 
section 133(a)(13) of this title, the alien is deemed to have been 
paroled into the United States.
  (e) Application to Nonimmigrants Classified Under Section 2326.--(1) 
The Attorney General may adjust the status of an alien admitted to the 
United States as a nonimmigrant classified under section 2326(a)(1) of 
this title (and the spouse, married and unmarried sons and daughters, 
and parents of the alien if admitted under section 2326(a)(1)) to that 
of an alien lawfully admitted for permanent residence if--
          (A) the alien is not described in section 6311 of this title; 
        and
          (B) the Attorney General finds the nonimmigrant has supplied 
        information described in section 2326(a)(1)(A) of this title 
        and providing that information has contributed substantially to 
        the success of an authorized criminal investigation or the 
        prosecution of an individual described in section 2326(a)(1)(C) 
        of this title.
  (2) The Attorney General may adjust the status of an alien admitted 
to the United States as a nonimmigrant classified under section 
2326(a)(2) of this title (and the spouse, married and unmarried sons 
and daughters, and parents of the alien if admitted under section 
2326(a)(2)) to that of an alien lawfully admitted for permanent 
residence if--
          (A) the alien is not described in section 6311 of this title;
          (B) the Attorney General finds the nonimmigrant has supplied 
        information described in section 2326(a)(2)(A) of this title 
        and providing that information has contributed substantially 
        to--
                  (i) the prevention or frustration of an act of 
                terrorism against a person or property of the United 
                States; or
                  (ii) the success of an authorized criminal 
                investigation of, or the prosecution of, an individual 
                involved in the act of terrorism; and
          (C) the nonimmigrant has received a reward under section 
        36(a) of the State Department Basic Authorities Act of 1956 (22 
        U.S.C. 2708(a)).
  (3) Only the Attorney General may make a finding under paragraph (2) 
of this subsection.
  (4) On approving an adjustment of status under this subsection, the 
Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of approval and the Secretary shall 
reduce by one the number of visas authorized to be issued under 
sections 4102(b)(1) and 4104(e) of this title for the current fiscal 
year.
  (f) Nonapplication.--Subsection (a) of this section does not apply 
to--
          (1) an alien crewmember;
          (2) an alien admitted in immediate and continuous transit 
        without a visa under section 2121(c)(3) of this title;
          (3) an alien (except an immediate relative and a special 
        immigrant as defined in section 133(a)(8)-(13) of this title) 
        who--
                  (A) after January 1, 1977, and before applying for an 
                adjustment of status, engages in or accepts 
                unauthorized employment;
                  (B) has an unlawful immigration status on the date of 
                filing the application for an adjustment of status; or
                  (C) except through no fault of the alien or for 
                technical reasons, has not maintained continuously a 
                lawful status since entering the United States;
          (4) an alien (except an immediate relative) admitted as a 
        nonimmigrant visitor without a visa under section 2121(d) or 
        2128 of this title; or
          (5) an alien who was admitted as a nonimmigrant classified 
        under section 2326 of this title;
          (6) an alien deportable under section 6508(b) of this title;
          (7) an alien who is seeking adjustment of status to that of 
        an immigrant under section 4104 of this title and who is not in 
        a lawful nonimmigrant status; or
          (8) an alien who was employed while the alien was an 
        unauthorized alien, as defined in section 11101 of this title, 
        or who otherwise has violated the terms of a nonimmigrant visa.
  (g) Aliens Whose Status May Not Be Adjusted.--(1) The Attorney 
General may not adjust, under subsection (a) of this section, the 
status of--
          (A) an alien lawfully admitted for permanent residence on a 
        conditional basis under subchapter I of chapter 45 of this 
        title;
          (B) a nonimmigrant classified under section 2309(a) of this 
        title, except to that of an alien lawfully admitted for 
        permanent residence on a conditional basis under subchapter I 
        of chapter 45 of this title, because of the marriage of the 
        nonimmigrant (or, if a child, the parent) to the citizen who 
        filed the petition under section 2309(b) of this title; or
          (C) an alien seeking an immigrant visa because of a marriage 
        entered into during the period an administrative or judicial 
        proceeding on the alien's right to be admitted to or remain in 
        the United States is pending.
  (2)(A) Paragraph (1)(C) of this subsection does not apply to a 
marriage if the alien establishes by clear and convincing evidence 
satisfactory to the Attorney General that--
          (i) the marriage was entered into in good faith and under the 
        laws of the place where the marriage took place;
          (ii) the marriage was not entered into to procure the alien's 
        admission as an immigrant; and
          (iii) no consideration was given, except to an attorney for 
        assistance in preparing a petition, for filing a petition under 
        section 2309(b) or 4301(a) or (b) of this title for an alien 
        spouse or alien son or daughter.
  (B) Under regulations of the Attorney General, the Attorney General 
shall allow only one level of administrative appellate review for each 
alien under this paragraph.
Sec. 9102.  Aliens who entered the United States without inspection and 
                    certain other aliens
  (a) Who May Apply.--An alien physically present in the United States 
who entered the United States without inspection or who is described in 
section 9101(f) of this title may apply to the Attorney General to 
adjust the status of the alien to that of an alien lawfully admitted 
for permanent residence.
  (b) Acceptance of Application.--(1) The Attorney General may accept 
the application only if the alien remits $1,000 with the application. 
The amount required under this subsection is in addition to the fee 
normally required for processing an application under section 9101 of 
this title.
  (2) This subsection does not apply to--
          (A) a child who is less than 17 years of age; or
          (B) an alien who--
                  (i) is the spouse or unmarried child of an individual 
                who at any time became lawfully admitted for temporary 
                or permanent residence under chapter 93 of this title, 
                section 210 of the Immigration and Nationality Act, or 
                section 202 of the Immigration Reform and Control Act 
                of 1986 (Public Law 99-603, 100 Stat. 3404);
                  (ii) was the spouse or unmarried child of that 
                individual on May 5, 1988;
                  (iii) entered the United States before May 5, 1988, 
                resided in the United States on May 5, 1988, and is not 
                a lawful permanent resident; and
                  (iv) applied for benefits under section 301(a) of the 
                Immigration Act of 1990 (Public Law 101-649, 104 Stat. 
                5029).
  (c) Adjustment Made.--On receiving the application and the required 
amount, the Attorney General may adjust the status of the alien to that 
of an alien lawfully admitted for permanent residence if--
          (1) the alien is eligible to receive an immigrant visa and is 
        admissible to the United States for permanent residence; and
          (2) an immigrant visa is available to the alien immediately 
        when the application is filed.
  (d) Disposal of Amounts.--(1) The part of each application fee (but 
not more than $200) remitted under this section that the Attorney 
General decides is required to process an application under this 
section shall be disposed of by the Attorney General as provided in 
section 346 of this title.
  (2) The Attorney General shall deposit the remainder of the fee in 
the Immigration Detention Account established under section 348 of this 
title.
  (e) Fingerprint Identification Checks.--The Commissioner of 
Immigration and Naturalization shall conduct complete fingerprint 
identification checks through the Federal Bureau of Investigation for 
all individuals over 16 years of age who are adjusting their 
immigration status under this section.
  (f) Ending date.--This section ends on October 1, 1997.
Sec. 9103. Aliens admitted as foreign government officials and their 
                    families
  (a) Requirements.--An alien admitted to the United States as a 
nonimmigrant classified under section 2301(1) or (2) or 2302(1), (2), 
or (3) of this title, who does not maintain nonimmigrant status under 
any of those provisions, may apply to the Attorney General to adjust 
the status of the alien to that of an alien lawfully admitted for 
permanent residence. After consulting with the Secretary of State, the 
Attorney General may adjust the status of the alien if the Attorney 
General is satisfied that--
          (1) the alien has demonstrated compelling reasons why the 
        alien cannot return to the country represented by the 
        government that accredited the alien or a member of the alien's 
        immediate family and that adjusting the status of the alien is 
        in the interest of the United States;
          (2) the alien is of good moral character;
          (3) the alien is admissible for permanent residence under 
        this title; and
          (4) adjusting the alien's status under this subsection would 
        not be contrary to the welfare, safety, or security of the 
        United States.
  (b) Recordation of Adjustment and Report to Congress.--If the 
Attorney General adjusts the status of an alien under subsection (a) of 
this section, the Attorney General--
          (1) may record the lawful admission of the alien for 
        permanent residence as of the date of the adjustment; and
          (2) shall submit to Congress, on the first day of the next 
        month in which Congress is in session--
                  (A) a complete and detailed report of the facts and 
                law in the alien's case; and
                  (B) the Attorney General's reasons for the 
                adjustment.
  (c) Reduction in Number of Immigrant Visas.--(1) For each alien 
lawfully admitted for permanent residence under this section, the 
Secretary shall reduce by one the number of immigrant visas for the 
foreign country to which the alien is chargeable under section 4111 of 
this title for the current fiscal year or the next fiscal year in which 
a visa is available if the alien was classifiable as an immigrant 
subject to the numerical limitations of sections 4102-4105 and 4110 of 
this title when the alien entered the United States.
  (2) The Secretary may not reduce the numerical limitations for the 
foreign country under this section by more than 50 percent in a fiscal 
year.
  (d) Numerical Limitation.--The Attorney General may admit as aliens 
lawfully admitted for permanent residence under this section not more 
than 50 aliens in a fiscal year.
Sec. 9104. Aliens entering the United States before January 1, 1972
  (a) Requirements.--On approval of an application of an alien, the 
Attorney General may adjust the status of the alien to that of an alien 
lawfully admitted for permanent residence if--
          (1) a record of the lawful admission of the alien for 
        permanent residence is not available; and
          (2) the alien satisfies the Attorney General that the alien--
                  (A) entered the United States before January 1, 1972, 
                and has resided in the United States continuously since 
                the alien's entry;
                  (B) is of good moral character;
                  (C) is not ineligible for citizenship and is not 
                deportable under section 6508(b) of this title; and
                  (D) is not inadmissible under--
                          (i) section 6311 of this title; or
                          (ii) a provision of subchapter I of chapter 
                        63 of this title related to criminals, immoral 
                        individuals, violators of narcotic laws, 
                        smugglers of aliens, or national security.
  (b) Recordation of Adjustment.--If the Attorney General adjusts the 
status of an alien under subsection (a) of this section, the Attorney 
General shall record the lawful admission of the alien for permanent 
residence as of the date--
          (1) the alien entered the United States if the alien entered 
        before July 1, 1924; or
          (2) the Attorney General approves the alien's application for 
        an adjustment of status under this section.
  (c) Photographs.--An alien applying for an adjustment of status under 
this section must provide the Attorney General with 3 identical 
photographs of the alien.
  (d) Nonapplication of Numerical Limitations.--The numerical 
limitations of sections 4102 and 4110 of this title do not apply to an 
alien whose status is adjusted under this section.
Sec. 9105. Aliens lawfully admitted for permanent residence
  (a) Adjustment to Nonimmigrant Status.--Except as provided in 
subsection (c) of this section, the Attorney General shall adjust the 
status of an alien lawfully admitted for permanent residence to that of 
a nonimmigrant classified under section 2301, 2302, or 2306 of this 
title if at the time of admission or after the alien is admitted to the 
United States the alien is engaged in an occupation that would entitle 
the alien to the status of a nonimmigrant classified under section 
2301, 2302, or 2306 if the alien were seeking to be admitted to the 
United States.
  (b) Record of Admission for Permanent Residence Canceled.--The 
Attorney General shall cancel the record of the admission of the alien 
for lawful permanent residence as of the date the Attorney General 
adjusts the alien's status under this section.
  (c) Nonapplication.--This section does not apply to an alien who--
          (1) requests the Attorney General not to adjust the alien's 
        status under this section; and
          (2) files with the Attorney General a written waiver of the 
        rights, privileges, exemptions, and immunities that the alien 
        otherwise would be entitled to under a law or executive order 
        because the alien is engaged in an occupation that entitles the 
        alien to the status of a nonimmigrant classified under section 
        2301, 2302, or 2306 of this title.
Sec. 9106. Additional requirements for aliens adjusting to certain 
                    employment-based immigrant status
  Section 4104(g) (1) and (2)(A) and (B) of this title applies to 
aliens applying for an adjustment of status to that of an immigrant 
under section 4104 (c) or (d) of this title.
Sec. 9107. Rescission of adjustment of status to alien lawfully 
                    admitted for permanent residence
  (a) Rescission of Adjustment of Status.--If, within 5 years after the 
Attorney General adjusts the status of an alien under any provision of 
law to that of an alien lawfully admitted for permanent residence, the 
Attorney General is satisfied that the alien was not eligible for the 
adjustment, the Attorney General shall rescind--
          (1) the adjustment of the alien's status; and
          (2) the cancellation of the alien's removal if the Attorney 
        General canceled the removal.
  (b) Effect of Rescission.--When the Attorney General rescinds an 
adjustment under subsection (a) of this section, the alien becomes 
subject to this title as if the Attorney General had not changed the 
alien's status.
  (c) No Requirement To Rescind.--This section does not require the 
Attorney General to rescind the alien's status before procedures to 
remove the alien under section 6704 of this title are begun.
  (d) Sufficiency of Order.--An order of removal issued by an 
immigration judge is sufficient to rescind the alien's status.
Sec. 9108. Change of status
  (a) Prerequisites.--Except as provided in subsection (b) of this 
section, the Attorney General may change the status of an alien by 
changing the alien's nonimmigrant classification to another 
nonimmigrant classification under conditions prescribed by the Attorney 
General if the alien--
          (1) is lawfully admitted to the United States as a 
        nonimmigrant;
          (2) continues to maintain that status; and
          (3) is not inadmissible under section 6319(b)(1) of this 
        title (or the alien's inadmissibility under section 6319(b)(1) 
        is waived under section 6319(b)(6)).
  (b) Nonapplication.--The Attorney General may not make a change under 
subsection (a) of this section if the alien--
          (1) is admitted to the United States for passage through the 
        United States in immediate and continuous transit to a foreign 
        country;
          (2) is classified as a nonimmigrant under section 2304, 2305, 
        2309, or 2326 of this title;
          (3) is classified as a nonimmigrant under section 2312 of 
        this title and came to the United States or acquired the 
        classification to receive graduate medical education or 
        training;
          (4) except an alien referred to in clause (3) of this 
        subsection, is classified as a nonimmigrant under section 2312 
        of this title and is subject to, and has not received a waiver 
        of, the 2-year foreign residence requirement of section 8304(a) 
        of this title, unless the alien applies to have the alien's 
        classification changed from a classification as a nonimmigrant 
        under section 2312 to a classification as a nonimmigrant under 
        section 2301 or 2302 of this title; or
          (5) is admitted as a nonimmigrant visitor without a visa 
        under section 2121(d) or 2128 of this title.

  CHAPTER 93--ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE 
                       UNITED STATES BEFORE 1982

Sec.
9301.  Numerical limitations and admissions.
9302.  Adjustment of status to alien lawfully admitted for temporary 
          residence.
9303.  Applications for adjustment of status to alien lawfully admitted 
          for temporary residence.
9304.  Adjustment of status from temporary residence to permanent 
          residence.
9305.  Medical examination.
9306.  Nonapplication and waiver of certain provisions of law.
9307.  Fees.
9308.  Confidentiality of information.
9309.  Temporary stay of deportation.
9310.  Temporary ineligibility to receive certain assistance.
9311.  Unfavorable ending of temporary residence status.
9312.  Administrative and judicial review.
9313.  Administrative.
Sec. 9301. Numerical limitations and admissions
  (a) Numerical Limitations.--The numerical limitations of sections 
4102 and 4110 of this title do not apply to an adjustment of status of 
an alien to that of an alien lawfully admitted for permanent residence 
under this chapter.
  (b) Admissions.--This chapter does not authorize an alien to apply 
for admission to, or be admitted to, the United States so that the 
alien may apply for an adjustment of status under section 9302 of this 
title.
Sec. 9302. Adjustment of status to alien lawfully admitted for 
                    temporary residence
  (a) Requirements.--The Attorney General shall adjust the status of an 
alien to that of an alien lawfully admitted for temporary residence if 
the alien meets the following requirements:
          (1) The alien applied for the adjustment as provided in 
        section 9303 of this title after May 4, 1987, and before May 5, 
        1988.
          (2) The alien entered the United States before January 1, 
        1982.
          (3) The alien resided continuously in the United States in an 
        unlawful status from January 1, 1982, through the date the 
        application for the adjustment was filed under this section.
          (4) If the alien--
                  (A) entered the United States as a nonimmigrant 
                before January 1, 1982, the alien's period of 
                authorized stay as a nonimmigrant expired before 
                January 1, 1982, or the Federal Government by January 
                1, 1982, knew of the unlawful status of the alien; or
                  (B) was a nonimmigrant exchange alien classified 
                under section 2312 of this title, the alien was not 
                subject to the 2-year foreign residence requirement of 
                section 8304(a) of this title, fulfilled the 
                requirement, or received a waiver.
          (5) The alien has been physically present continuously in the 
        United States, except for any brief, casual, and innocent 
        absence, since November 6, 1986.
          (6) The alien is admissible to the United States as an 
        immigrant, except as provided in sections 9305 and 9306 of this 
        title.
          (7) The alien has not been convicted of a felony or of more 
        than 2 misdemeanors committed in the United States.
          (8) The alien has not assisted in the persecution of a person 
        on account of race, religion, nationality, membership in a 
        particular social group, or political opinion.
          (9) The alien is registered or registering under the Military 
        Selective Service Act (50 App. U.S.C. 451 et seq.) if the Act 
        requires the alien to register.
  (b) Authorized Travel.--During the time an alien is an alien lawfully 
admitted for temporary residence under subsection (a) of this section, 
the Attorney General shall allow the alien to return to the United 
States after--
          (1) any brief and casual trip outside the United States that 
        reflects the alien's intent to have the alien's status adjusted 
        under section 9304 of this title to that of an alien lawfully 
        admitted for permanent residence; and
          (2) any brief temporary trip outside the United States 
        because of a family obligation involving the illness or death 
        of a close relative or another family need.
  (c) Authorized Employment.--During the time an alien is an alien 
lawfully admitted for temporary residence under subsection (a) of this 
section, the Attorney General shall grant the alien authorization to be 
employed in the United States and provide to the alien an ``employment 
authorized'' endorsement or other appropriate work permit.
  (d) Cuban or Haitian Entrant.--In applying this section, a Cuban or 
Haitian entrant described in section 13151(1) or (2)(A) of this title 
is deemed to have entered the United States and to be in an unlawful 
status in the United States.
Sec. 9303. Applications for adjustment of status to alien lawfully 
                    admitted for temporary residence
  (a) Contents.--An application for an adjustment of status under 
section 9302(a) of this title shall contain information the Attorney 
General requires, including information on each living relative of the 
applicant with respect to whom the applicant may file a petition at a 
later date under section 4301 (a) or (b) of this title.
  (b) Who May Receive Applications.--The Attorney General shall provide 
that an application for an adjustment of status under section 9302(a) 
of this title may be filed with the Attorney General or with an entity 
designated under subsection (c) of this section if the applicant 
consents to having the application forwarded to the Attorney General.
  (c) Designating Entities To Receive Applications.--To assist in the 
legalization program under this chapter, the Attorney General--
          (1) shall designate qualified voluntary organizations and 
        other qualified state, local, and community organizations; and
          (2) may designate other persons the Attorney General decides 
        are qualified and have substantial experience, demonstrated 
        competence, and traditional long-term involvement in preparing 
        and submitting applications for adjustment of status under 
        section 5107, 9101, or 9102 of this title, the Act of November 
        2, 1966 (Public Law 89-732, 80 Stat. 1161), or the Act of 
        October 28, 1977 (Public Law 95-145, 91 Stat. 1223).
  (d) Treatment of Applications by Designated Entities.--An entity 
designated under subsection (c) of this section must agree to forward 
to the Attorney General only those applications filed with it under 
subsection (b) of this section that the applicants consent to being 
forwarded. An entity may not make a decision under this chapter 
required to be made by the Attorney General.
Sec. 9304. Adjustment of status from temporary residence to permanent 
                    residence
  (a) Requirements.--The Attorney General shall adjust the status of an 
alien lawfully admitted for temporary residence under section 9302 of 
this title to that of an alien lawfully admitted for permanent 
residence if the alien--
          (1) applies for the adjustment during the 2-year period 
        beginning with the 19th month that begins after the alien 
        acquired the status of an alien lawfully admitted for temporary 
        residence;
          (2) has resided continuously in the United States since the 
        alien acquired the status of an alien lawfully admitted for 
        temporary residence;
          (3) is admissible as an immigrant, except as provided in 
        sections 9305 and 9306 of this title;
          (4) has not been convicted of a felony or of more than 2 
        misdemeanors committed in the United States; and
          (5)(A) meets the requirements of section 20301(a)(7) and (8) 
        of this title; or
          (B) is pursuing satisfactorily a course of study, recognized 
        by the Attorney General, to meet the requirements of section 
        20301(a)(7) and (8) of this title.
  (b) Exceptions.--(1) An alien does not violate the continuous 
residence requirement of subsection (a)(2) of this section because of 
an absence from the United States allowed under section 9302(b) of this 
title.
  (2) The Attorney General may waive any part of the requirements of 
subsection (a)(5) of this section for an alien who is at least 65 years 
of age or developmentally disabled.
  (c) Relation to Naturalization Examination.--An alien demonstrating 
under subsection (a)(5)(A) of this section that the alien meets the 
requirements of section 20301(a)(7) and (8) of this title may be deemed 
to have satisfied those requirements for becoming naturalized as a 
citizen of the United States under subtitle V of this title.
Sec. 9305. Medical examination
  An alien must undergo, at the alien's expense, an appropriate medical 
examination (including establishing the alien's immunization status) 
that complies with generally accepted professional standards of medical 
practice before a decision on the alien's admissibility under sections 
9302(a)(6), 9304(a)(3), and 9311(2) of this title may be made.
Sec. 9306. Nonapplication and waiver of certain provisions of law
  (a) Grounds of Exclusion That Do Not Apply or That May Be Waived.--
When the Attorney General is deciding on an alien's admissibility under 
sections 9302(a)(6), 9304(a)(3), and 9311(2) of this title--
          (1) sections 4311(a), 6301(a)(2) and (b)-(d), and 9106 of 
        this title do not apply; and
          (2) except as provided in subsection (b) of this section, the 
        Attorney General may waive section 2121(a) and subchapter I of 
        chapter 63 of this title for an individual alien--
                  (A) for humanitarian purposes;
                  (B) to ensure family unity; or
                  (C) when otherwise in the public interest.
  (b) Grounds That May Not Be Waived.--Notwithstanding subsection 
(a)(2) of this section, the Attorney General may not waive--
          (1) section 6306(a)-(c) of this title to the extent it 
        relates to an application for adjustment of status to an alien 
        lawfully admitted for permanent residence, except that section 
        6306(a)-(c) may be waived for an alien who is or was an aged, 
        blind, or disabled individual (as defined in section 1614(a)(1) 
        of the Social Security Act (42 U.S.C. 1382c(a)(1)));
          (2) section 6309(a)(1)-(4) of this title, except as section 
        6307(a)(3) relates to a single offense of simple possession of 
        not more than 30 grams of marijuana; or
          (3) section 6310 or 6311 of this title.
  (c) Special Rule for Deciding Whether Aliens Are Public Charges.--An 
alien is not ineligible for an adjustment of status under this chapter 
because of inadmissibility under section 6304(a) of this title if the 
alien demonstrates a history of employment in the United States showing 
self-support without receiving public cash assistance.
Sec. 9307. Fees
  (a) Fee Schedule.--The Attorney General shall establish a schedule of 
fees for applying for an adjustment of status under section 9302 or 
9304 of this title. The Attorney General shall provide for an 
additional fee for applying for an adjustment of status under section 
9304 of this title after the end of the first year of the 2-year period 
described in section 9304(a)(1) of this title.
  (b) Use of Fees.--The Attorney General shall deposit amounts received 
under subsection (a) of this section in a separate account. The amounts 
may be used, without fiscal year limitation, for expenses related to 
reviewing applications filed under section 9302 or 9304 of this title. 
Capital assets acquired with amounts in the account are available for 
the general use of the Immigration and Naturalization Service when the 
assets are not needed for activities related to reviewing those 
applications.
Sec. 9308. Confidentiality of information
  (a) Limitation on Access.--A record of an entity designated under 
section 9303(c) of this title, related to an alien seeking assistance 
or information about filing an application under this chapter, is 
confidential. The Attorney General and the Commissioner of Immigration 
and Naturalization may have access to the record only with the consent 
of the alien.
  (b) Limitations on Use.--(1) The Attorney General--
          (A) may use information provided in making an application 
        under this chapter only--
                  (i) to make a decision on the application; or
                  (ii) to enforce section 10154 of this title;
          (B) may disclose information provided under this chapter in 
        the same way that census information may be disclosed under 
        section 8 of title 13;
          (C) may not make a publication that allows the information 
        provided by a particular individual to be identified; and
          (D) may allow only a sworn officer or employee of the 
        Department of Justice or of an entity designated under section 
        9303(c) of this title (for an application filed with the 
        entity) to examine an application.
  (2) The Attorney General shall provide the information provided in 
making an application under this chapter, and any other information 
derived from information provided in making the application, to a 
recognized law enforcement entity in connection with a criminal 
investigation or prosecution, when the entity makes a written request 
for the information, or to an official coroner for affirmatively 
identifying a deceased individual (whether or not the individual is 
deceased as a result of a crime).
  (3) Information about whether the applicant has at any time been 
convicted of a crime may be used or released for immigration 
enforcement or law enforcement purposes.
  (4) This subsection does not limit the use, or release, for 
immigration enforcement or law enforcement purposes, of information 
contained in files or records of the Immigration and Naturalization 
Service related to an application filed under section 9302 or 9304 of 
this title, except information provided in making the application, or 
any other information derived from the application, that is not 
available from any other source.
Sec. 9309. Temporary stay of deportation
  (a) Application Could Not Be Made.--If an alien was apprehended 
before May 5, 1987, and could have established a prima facie case of 
eligibility for an adjustment of status under section 9302 of this 
title, except that the alien could not apply for the adjustment before 
May 5, 1987, the Attorney General shall provide that, unless the alien 
had an opportunity after May 4, 1987, and before June 4, 1987, to 
complete the filing of an application for an adjustment of status, the 
alien--
          (1) may not be deported;
          (2) may be employed in the United States; and
          (3) shall be provided an ``employment authorized'' 
        endorsement or other appropriate work permit.
  (b) Application Presented.--If an alien presented a prima facie 
application for adjustment of status under section 9302 of this title 
after May 4, 1987, and before May 5, 1988, the Attorney General shall 
provide that, until a final decision has been made on the application, 
the alien--
          (1) may not be deported;
          (2) may be employed in the United States; and
          (3) shall be provided an ``employment authorized'' 
        endorsement or other appropriate work permit.
Sec. 9310. Temporary ineligibility to receive certain assistance
  (a) Period of Ineligibility.--(1) Except as provided in paragraphs 
(3) and (4) of this subsection and subsection (b) of this section, an 
alien who acquires the status of an alien lawfully admitted for 
temporary residence under section 9302 of this title is not eligible 
for the following, during the 5-year period beginning on the date the 
alien was granted the status:
          (A) Financial assistance under the state program of 
        assistance under part A of title IV of the Social Security Act 
        (42 U.S.C. 601 et seq.).
          (B) Any other program of financial assistance--
                  (i) provided under a law of the United States on a 
                financial-need basis; and
                  (ii) identified by the Attorney General in 
                consultation with the heads of appropriate federal 
                departments, agencies, and instrumentalities.
          (C) Medical assistance under a state plan approved under 
        title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
          (D) Assistance under the Food Stamp Act of 1977 (7 U.S.C. 
        2011 et seq.).
  (2) To the extent consistent with this subsection and subsection (b) 
of this section, a State or political subdivision of a State may 
provide that the alien is not eligible for financial assistance 
referred to in paragraph (1)(A) and (B) of this subsection or for 
medical assistance referred to in paragraph (1)(C) of this subsection 
provided under a law of the State or political subdivision.
  (3) Paragraph (1) of this subsection does not apply to--
          (A) a Cuban or Haitian entrant (as defined in section 
        501(e)(1) or (2)(A) of the Refugee Education Assistance Act of 
        1980 (Public Law 96-422, 94 Stat. 1810) as in effect on April 
        1, 1983); or
          (B) assistance (except assistance under a state program 
        financed under part A of title IV of the Social Security Act 
        (42 U.S.C. 601 et seq.)) provided an alien who is an aged, 
        blind, or disabled individual (as defined in section 1614(a)(1) 
        of the Social Security Act (42 U.S.C. 1382c(a)(1)).
  (4) Assistance provided under the following laws is not financial 
assistance referred to in paragraph (1)(B) of this subsection:
          (A) Title IV of the Higher Education Act of 1965 (20 U.S.C. 
        1070 et seq. and 42 U.S.C. 2751 et seq.).
          (B) The Carl D. Perkins Vocational and Applied Technology 
        Education Act (20 U.S.C. 2301 et seq.).
          (C) Title I of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6301 et seq.).
          (D) The Job Training Partnership Act (29 U.S.C. 1501 et 
        seq.).
          (E) The Public Health Service Act (42 U.S.C. 201 et seq.).
          (F) Titles I, X, XIV, and XVI of the Social Security Act (42 
        U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.) 
        as in effect without regard to the amendment made by section 
        301 of the Social Security Amendments of 1972 (Public Law 92-
        603, 86 Stat. 1465).
          (G) Parts B, D, and E of title IV and titles V, XVI, and XX 
        of the Social Security Act (42 U.S.C. 620 et seq., 651 et seq., 
        670 et seq., 701 et seq., 1381 et seq., 1397 et seq.).
          (H) The National School Lunch Act (42 U.S.C. 1751 et seq.).
          (I) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
          (J) The Head Start Act (42 U.S.C. 9831 et seq.).
  (b) Restricted Medical Assistance.--(1) In this subsection--
          (A) ``medical assistance'' means medical assistance under a 
        state plan approved under title XIX of the Social Security Act 
        (42 U.S.C. 1396 et seq.); and
          (B) an alien lawfully admitted for temporary residence under 
        section 9302 of this title is deemed to be residing permanently 
        in the United States under color of law as long as the alien's 
        temporary residence status is not adjusted.
  (2) Except as provided in paragraph (3) of this subsection and 
notwithstanding title XIX of the Social Security Act (42 U.S.C. 1396 et 
seq.), an alien lawfully admitted for temporary residence under section 
9302 of this title is eligible for only the following medical 
assistance during the 5-year period beginning on the date the alien is 
granted temporary residence status:
          (A) Emergency services as provided under section 
        1916(a)(2)(D) of the Social Security Act (42 U.S.C. 
        1396o(a)(2)(D)).
          (B) Services for pregnant women as described in section 
        1916(a)(2)(B) of the Social Security Act (42 U.S.C. 
        1396o(a)(2)(B)).
  (3) An alien lawfully admitted for temporary residence under section 
9302 of this title is eligible for any medical assistance during the 5-
year period beginning on the date the alien is granted temporary 
residence status if the alien is--
          (A) an alien described in subsection (a)(3) of this section; 
        or
          (B) less than 18 years of age.
  (c) Adjustment of Status Not Affecting Certain Benefits.--Assistance 
under subchapter III of chapter 131 of this title shall be continued 
without regard to an adjustment of the alien's status under this 
chapter.
  (d) Alien Not Residing Permanently in the United States.--Unless 
otherwise specifically provided, an alien lawfully admitted for 
temporary residence under section 9302 of this title is not residing 
permanently in the United States under color of law for purposes of a 
law of a State or political subdivision of a State providing for a 
program of financial assistance.
Sec. 9311. Unfavorable ending of temporary residence status
  The Attorney General shall end the temporary residence status granted 
an alien under section 9302 of this title--
          (1) if the Attorney General believes the alien was not 
        eligible for that status;
          (2) if the alien--
                  (A) commits an act that makes the alien inadmissible 
                to the United States as an immigrant, except as 
                provided in sections 9305 and 9306 of this title; or
                  (B) is convicted of a felony or of at least 3 
                misdemeanors committed in the United States; or
          (3) at the end of the 43d month beginning after the date the 
        alien is granted the status, unless the alien has applied under 
        section 9304 of this title for an adjustment of status to that 
        of an alien lawfully admitted for permanent residence and the 
        application has not been denied.
Sec. 9312. Administrative and judicial review
  (a) Exclusiveness of Review.--The only administrative and judicial 
reviews of a decision made under this chapter about an application for 
an adjustment of status of an alien shall be the reviews provided in 
this section.
  (b) Administrative Review.--Except as provided in subsection (d) of 
this section, the Attorney General shall maintain an appellate 
authority to provide for a single level of administrative appellate 
review of a decision described in subsection (a) of this section. The 
review shall be based only on the administrative record established at 
the time of the decision and on additional or newly discovered evidence 
not available at the time the decision was made.
  (c) Judicial Review.--(1) Except as provided in subsection (d) of 
this section, a decision made under this chapter denying an adjustment 
of status of an alien may be reviewed judicially only by judicial 
review of an order of deportation under section 106 of the Immigration 
and Nationality Act as in effect on September 30, 1996. The review 
shall be based only on the administrative record established at the 
time of the review by the appellate authority. The findings of fact and 
decisions contained in the record of the authority are conclusive 
unless the applicant establishes abuse of discretion or that the 
findings are directly contrary to clear and convincing facts contained 
in the record considered as a whole.
  (2) As of November 6, 1986, a court does not have jurisdiction of a 
cause of action or claim by or on behalf of an individual asserting an 
interest under this chapter unless the individual--
          (A) filed an application under this chapter within the period 
        specified in section 9302(a)(1) of this title; or
          (B) attempted to file a complete application and application 
        fee with an authorized legalization officer of the Immigration 
        and Naturalization Service but the officer refused the 
        application and fee.
  (d) No Review for Late Filing.--A denial of an adjustment of status 
under this chapter because an application for the adjustment was filed 
late may not be reviewed in an administrative proceeding of the Federal 
Government or by a court of the United States or a State.
Sec. 9313. Administrative
  (a) Regulations.--After consulting with the Committees on the 
Judiciary of the House of Representatives and the Senate, the Attorney 
General shall prescribe--
          (1) regulations establishing a definition of ``resided 
        continuously'' for this chapter and evidence needed to 
        establish that an alien has resided continuously in the United 
        States under this chapter; and
          (2) other regulations necessary to carry out this chapter.
  (b) Considerations.--In prescribing regulations under subsection 
(a)(1) of this section, the Attorney General--
          (1) shall specify individual and total periods of absence 
        from the United States that will break a period of continuous 
        residence in the United States and shall consider any absence 
        that is only a brief and casual trip outside the United States;
          (2) shall provide that--
                  (A) an alien has not resided continuously in the 
                United States if the alien was outside the United 
                States, during a period for which continuous residence 
                is required, because of a deportation order; and
                  (B) time during which an alien is outside the United 
                States under the advance parole procedures of the 
                Commissioner of Immigration and Naturalization is not 
                part of the time during which an alien is outside the 
                United States under this chapter;
          (3) may provide for a waiver of the periods specified in 
        clause (1) of this subsection if the absence is a brief 
        temporary trip outside the United States required by an 
        emergency or extenuating circumstance outside the control of 
        the alien; and
          (4) shall require that continuous residence and physical 
        presence in the United States be established by documents 
        (employment-related if available to the alien) and independent 
        corroboration of the information the documents contain.

                           PART G--PENALTIES

                         CHAPTER 101--PENALTIES

                          SUBCHAPTER I--GENERAL

Sec.
10101.  Jurisdiction.
10102.  Settlement, compromise, and discontinuance of certain 
          proceedings.

                     SUBCHAPTER II--CIVIL PENALTIES

10111.  Violating regulations related to ports of entry for aliens 
          arriving by aircraft.
10112.  Failure to deliver lists of passengers.
10113.  Failure to provide lists and reports about alien crewmembers.
10114.  Failure to control alien crewmembers.
10115.  Improper discharge of alien crewmembers.
10116.  Employing alien crewmembers having disabilities and diseases.
10117.  Employing alien crewmembers for certain longshore work.
10118.  Violations involving certifications for longshore work by alien 
          crewmembers.
10119.  Bringing in aliens excludable because of health.
10120.  Bringing in aliens not having passports and visas.
10121.  Assisting unlawful entry as alien crewmembers.
10122.  Failure to prevent unauthorized landings.
10123.  Failure to remove alien stowaways.
10124.  Failure to carry out certain orders related to removal.
10125.  Document fraud.
10126.  Illegal entry.
10127.  Failure to depart.
10128.  Improper use, publication, examination, or disclosure of 
          information.
10129.  Information dissemination by international matchmaking 
          organization.
10130.  Clearing vessels and aircraft.

                   SUBCHAPTER III--CRIMINAL PENALTIES

10141.  Violating period of conditional landing permit.
10142.  Failure to register and be fingerprinted.
10143.  Failure to carry a certificate of alien registration or alien 
          registration receipt card.
10144.  Failure to provide addresses.
10145.  False and fraudulent registration.
10146.  Counterfeiting alien registration documents.
10147.  Bringing in and harboring aliens.
10148.  Improper entry of aliens.
10149.  Reentry of removed aliens.
10150.  Assisting certain excludable aliens to enter the United States.
10151.  Importing aliens for immoral purposes.
10152.  Failure to depart.
10153.  Marriage to evade immigration laws.
10154.  Misrepresentations in applications for adjustment of status.
10155.  Establishing a commercial enterprise to evade immigration laws.
10156.  Failure to disclose role as preparer of false application for 
          immigration benefits.
10157.  Failure to comply with terms of release under supervision.

                         SUBCHAPTER I--GENERAL

Sec. 10101. Jurisdiction
  (a) District Courts.--The district courts of the United States have 
jurisdiction over all civil and criminal actions the Federal Government 
brings after September 30, 1996, that arise under this title (except 
subchapter I of chapter 7, chapter 47, subchapters II and III of 
chapter 131, chapters 133 and 135, section 13702, and chapter 151).
  (b) Jurisdiction Not Provided.--This title (except subchapter I of 
chapter 7, chapter 47, subchapters II and III of chapter 131, chapters 
133 and 135, section 13702, and chapter 151) does not provide 
jurisdiction for an action against the Government or a department, 
agency, instrumentality, or officer of the Government filed after 
September 30, 1996.
Sec. 10102. Settlement, compromise, and discontinuance of certain 
                    proceedings
  A judicial proceeding for violating this title (except subchapter I 
of chapter 7, chapter 47, subchapters II and III of chapter 131, 
chapters 133 and 135, section 13702, and chapter 151) may be settled, 
compromised, or discontinued only with the consent of the court. A 
settlement, compromise, or discontinuance, and the reasons for it, 
shall be entered on the record.

                     SUBCHAPTER II--CIVIL PENALTIES

Sec. 10111. Violating regulations related to ports of entry for aliens 
                    arriving by aircraft
  (a) Civil Penalty and Compromise.--A person violating a regulation 
prescribed under section 7301 of this title is liable to the Federal 
Government for a civil penalty of $2,000. The Attorney General may 
compromise the amount of the penalty. A decision on a penalty or 
compromise under this section is final.
  (b) Lien on Aircraft.--When the owner or individual in command of an 
aircraft violates a regulation referred to in subsection (a) of this 
section, the aircraft is subject to a lien for the civil penalty. The 
aircraft may be seized summarily by, and placed in the custody of, a 
person authorized under regulations prescribed by the Attorney General.
  (c) Release of Aircraft.--An aircraft seized under this section may 
be released from custody--
          (1) on deposit of--
                  (A) an amount (but not more than $2,000) prescribed 
                by the Attorney General; or
                  (B) a bond in an amount and with an insurer 
                prescribed by the Attorney General; and
          (2) conditioned on payment of the penalty decided on by the 
        Attorney General.
  (d) Collection of Penalty.--A civil action in rem may be brought 
against the aircraft to collect the civil penalty. The action shall 
conform as nearly as practicable to civil actions in admiralty.
Sec. 10112. Failure to deliver lists of passengers
  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has not delivered an accurate list of passengers as required 
under section 7302 of this title, the person is liable to the Federal 
Government for a civil penalty of $300 for each passenger for whom the 
list is not sworn and delivered as required.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.
Sec. 10113. Failure to provide lists and reports about alien 
                    crewmembers
  (a) Civil Penalty.--A person not delivering a list or report required 
by section 2701 or 2702 of this title is liable to the Federal 
Government for a civil penalty of $200 for each alien crewmember not 
listed or reported as required.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.
Sec. 10114. Failure to control alien crewmembers
  (a) Civil Penalty.--A person not detaining or removing an alien 
crewmember as required by section 2704 of this title is liable to the 
Federal Government for a civil penalty of $3,000 for each alien 
crewmember not detained or removed.
  (b) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section to not less than $500 for each alien 
crewmember involved.
Sec. 10115. Improper discharge of alien crewmembers
  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has violated section 2706 of this title, the person is liable to 
the Federal Government for a civil penalty of $3,000 for each 
violation.
  (b) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section to not less than $1,500 for each 
violation.
Sec. 10116. Employing alien crewmembers having disabilities and 
                    diseases
  (a) Civil Penalty.--The owner, agent, master, commanding officer, or 
consignee of a vessel or aircraft is liable to the Federal Government 
for a civil penalty of $1,000 for each alien crewmember employed in 
violation of section 2705(a) of this title if the Attorney General is 
satisfied, from an examination certified by a medical officer of the 
Public Health Service, that--
          (1) the crewmember was afflicted with a disability or disease 
        referred to in section 2705(a) of this title when the 
        crewmember was taken on board the vessel or aircraft; and
          (2) the disability or disease could have been detected by a 
        competent medical examination.
  (b) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section.
Sec. 10117. Employing alien crewmembers for certain longshore work
  (a) Civil Penalty.--An owner, agent, master, commanding officer, or 
consignee of a vessel that hires an alien crewmember classified as a 
nonimmigrant under section 2305(a)(1) of this title to perform 
longshore work not included in the normal operation and service on a 
vessel under section 2723, 2724, or 2725 of this title is liable to the 
Federal Government for a civil penalty of $5,000.
  (b) Lien on Vessel.--A vessel referred to in subsection (a) of this 
section is subject to a lien for the amount of the civil penalty.
  (c) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.
Sec. 10118. Violations involving certifications for longshore work by 
                    alien crewmembers
  If the Secretary of Labor finds under section 2723(f) of this title 
that an employer has failed to meet a condition, or misrepresented a 
material fact, in its attestation under section 2723(a) of this title, 
the Secretary may impose a civil penalty of not more than $5,000 for 
each alien crewmember the employer employs to perform unauthorized 
longshore work.
Sec. 10119. Bringing in aliens excludable because of health
  (a) Civil Penalty.--A person is liable to the Federal Government for 
a civil penalty of $3,000 for each alien the person brings to the 
United States in violation of section 7307(b) of this title.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.
Sec. 10120. Bringing in aliens not having passports and visas
  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has brought an alien to the United States in violation of 
section 7307(a) of this title, the person is liable to the Federal 
Government for a civil penalty of--
          (1) $3,000 for each such alien; plus
          (2) except for an alien admitted or allowed to land 
        temporarily, an amount equal to the amount the alien paid to be 
        transported from the initial port of departure, as shown on the 
        alien's ticket, to the port of arrival.
  (b) Return of Amount to Alien.--The amount paid under subsection 
(a)(2) of this section shall be paid to the alien brought in violation 
of section 7307(a) of this title.
  (c) Compromise and Waiver.--(1) The Attorney General may compromise 
the amount of a civil penalty under this section only if the Attorney 
General is satisfied that the person, before the vessel or aircraft 
carrying the alien left the last port outside the United States, did 
not know and could not have learned by reasonable diligence that the 
individual transported was an alien required to have a passport and 
visa.
  (2) Under regulations the Attorney General prescribes, the Attorney 
General may compromise or waive a civil penalty under this section if--
          (A) the carrier demonstrates that it screened all passengers 
        on the vessel or aircraft under procedures the Attorney General 
        prescribed; or
          (B) the Attorney General decides that circumstances exist 
        that justify the compromise or waiver.
  (d) Nonapplication.--This section does not apply to a carrier or an 
owner, agent, master, commanding officer, charterer, or consignee of a 
vessel or aircraft relying on a visa or other documentation that has 
been revoked unless reasonable notice of the revocation is received 
before the alien leaves.
Sec. 10121. Assisting unlawful entry as alien crewmembers
  (a) Civil Penalty.--A person, including the owner, agent, master, 
commanding officer, or consignee of a vessel or aircraft arriving in 
the United States, is liable to the Federal Government for a civil 
penalty of not more than $10,000 for each alien whom the person--
          (1) knowingly signs on the articles of the vessel, or brings 
        to the United States as a crewmember of the vessel or aircraft, 
        with intent to allow or assist the alien to enter or land in 
        the United States unlawfully; or
          (2) knowingly and falsely represents to a consular officer 
        when the alien applies for a visa, or to an immigration officer 
        at the port of arrival in the United States, that the alien is 
        a crewmember.
  (b) Lien on Vessel or Aircraft.--A vessel or aircraft referred to in 
subsection (a) of this section is subject to a lien for the civil 
penalty and may be seized. A civil action in rem may be brought against 
the vessel or aircraft to collect the penalty.
Sec. 10122. Failure to prevent unauthorized landings
  (a) Civil Penalty.--A person violating section 7305(a) of this title 
is liable to the Federal Government for a civil penalty of $3,000 for 
each violation, to be imposed by the Attorney General.
  (b) Lien on Vessel or Aircraft.--The vessel or aircraft used in 
transporting an alien landed in violation of this section is subject to 
a lien for the civil penalty. A civil action in rem may be brought 
against the vessel or aircraft to collect the penalty.
  (c) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section.
Sec. 10123. Failure to remove alien stowaways
  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has failed to remove an alien stowaway as required by section 
6718(b) of this title, the person is liable to the Federal Government 
for a civil penalty of $5,000 for each alien stowaway not removed.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.
Sec. 10124. Failure to carry out certain orders related to removal
  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has violated section 6718 or 6719(b) or (c) of this title, the 
person is liable to the Federal Government for a civil penalty of 
$2,000 for each violation.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.
Sec. 10125. Document fraud
  (a) Definitions.--In this section, ``falsely make'' means to prepare 
at any time, or provide after September 29, 1996, an application or 
document with knowledge or in reckless disregard of the fact that the 
application or document--
          (1) contains a false, fictitious, or fraudulent statement or 
        material representation;
          (2) has no basis in law or fact; or
          (3) otherwise fails to state a fact which is material to the 
        purpose for which it was submitted.
  (b) Violations.--(1) A person or entity may not knowingly--
          (A) forge, counterfeit, alter, or falsely make a document to 
        satisfy a requirement of this title or to obtain a benefit 
        under this title;
          (B) use, attempt to use, possess, obtain, accept, receive, or 
        provide a forged, counterfeit, altered, or falsely made 
        document to satisfy a requirement of this title or to obtain a 
        benefit under this title;
          (C) use, provide, or attempt to use or provide, a document 
        lawfully issued to or with respect to a person other than the 
        possessor (including a deceased individual), to satisfy a 
        requirement of this title or to obtain a benefit under this 
        title;
          (D) accept, receive, or provide a document lawfully issued to 
        or with respect to a person other than the possessor (including 
        a deceased individual), to comply with section 11103 of this 
        title or to obtain a benefit under this title;
          (E) prepare, file, or assist another in preparing or filing, 
        any application for benefits under this title, document 
        required under this title, or document submitted in connection 
        with the application or document, with knowledge or in reckless 
        disregard of the fact that the application or document was 
        falsely made or does not relate to the person on whose behalf 
        it was or is being submitted; or
          (F)(i) present before boarding a common carrier for the 
        purpose of coming to the United States a document that relates 
        to the alien's eligibility to enter the United States; and
          (ii) fail to present the document to an immigration officer 
        on arrival at a United States port of entry.
  (2) This subsection does not apply to subchapter I of chapter 7, 
chapter 47, subchapters II and III of chapter 131, chapters 133 and 
135, section 13702, and chapter 151 of this title.
  (c) Authority in Conducting Investigations and Hearings.--(1) In 
conducting an investigation or hearing under this section--
          (A) an immigration officer or administrative law judge shall 
        have reasonable access to examine evidence of a person or 
        entity being investigated;
          (B) an administrative law judge may subpena, if necessary, 
        the attendance of witnesses and the production of evidence at 
        any designated place; and
          (C) an immigration officer designated by the Commissioner of 
        Immigration and Naturalization may subpoena the attendance of 
        witnesses and the production of evidence at any designated 
        place prior to the filing of a complaint under subsection (d) 
        of this section.
  (2) If a person or entity disobeys a subpena issued under this 
subsection, an appropriate district court of the United States, on 
application by the Attorney General, may issue an order to comply with 
the subpena. The court may punish a failure to comply with the order of 
the court as a contempt of court.
  (d) Hearings.--(1) The Attorney General may issue an order referred 
to in subsection (e) of this section against a person or entity for 
violating subsection (b) of this section only after providing notice 
and an opportunity for a hearing. A hearing must be requested within a 
reasonable time (established by the Attorney General, but at least 30 
days) after the date of the notice.
  (2) If a timely request for a hearing is not made, the Attorney 
General may issue an order referred to in subsection (e) of this 
section without a hearing.
  (3) If a timely request for a hearing is made, the hearing shall be 
conducted by an administrative law judge as provided in section 554 of 
title 5 at the nearest practicable place to the place where the person 
or entity resides or the alleged violation occurred. If the judge finds 
by a preponderance of the evidence that the person or entity has 
violated subsection (b) of this section, the judge shall--
          (A) state findings of fact; and
          (B) issue and have served on the person or entity an order 
        referred to in subsection (e) of this section.
  (e) Cease and Desist Orders.--(1) For a violation of subsection (b) 
of this section, an order issued under this section shall require the 
person or entity to cease and desist from the violation and to pay a 
civil penalty of--
          (A) at least $250, but not more than $2,000, for each 
        document that is the subject of a violation under subsection 
        (b) of this section; or
          (B) at least $2,000, but not more than $5,000, for each 
        document that is the subject of a violation under subsection 
        (b) of this section, if the person or entity previously was 
        subject to an order under this subsection.
  (2) Under paragraph (1) of this subsection, if the person or entity 
is composed of distinct, physically separate subdivisions each of which 
provides separately for the hiring, recruiting, or referring for 
employment, without reference to the practices of, and not under 
control of or common control with, another subdivision, each 
subdivision is deemed a separate person or entity.
  (f) Finality of Decisions and Orders.--(1) The decision and order of 
an administrative law judge become the final agency decision and order 
of the Attorney General unless--
          (A)(i) within 30 days after the date of the decision and 
        order, an official delegated by regulation to exercise review 
        authority over the decision and order modifies or vacates the 
        decision and order; and
          (ii) within 30 days after the date of being modified or 
        vacated, the decision and order are referred to the Attorney 
        General pursuant to regulations; or
          (B) within 60 days after the date of decision and order (if 
        not modified or vacated), the decision and order are referred 
        to the Attorney General pursuant to regulations.
  (2) If the decision and order are referred to the Attorney General 
under paragraph (1) of this subsection, the decision and order of the 
Attorney General become the final decision and order.
  (g) Judicial Review.--(1) Except as provided in paragraph (2) of this 
subsection, a person or entity adversely affected by a final order 
under this section may file a petition for review of the order in the 
court of appeals for the appropriate circuit within 45 days after the 
date the final order is issued.
  (2) An order of the Attorney General issued without a hearing as 
provided in subsection (d)(2) of this section is not appealable.
  (h) Enforcement of Order.--If a person or entity does not comply with 
a final order issued under this section, the Attorney General shall 
bring a civil action in an appropriate district court of the United 
States to seek compliance with the order. The validity and 
appropriateness of the order may not be reviewed in the action.
  (i) Waiver of Penalty.--The Attorney General may waive the penalties 
imposed under this section with respect to an alien who knowingly 
violates subsection (b)(1)(F) of this section if the alien is granted 
asylum under section 5106 of this title or withholding of removal under 
section 6716(d) of this title.
  (j) Investigative, Protective, and Intelligence Activities Not 
Prohibited.--This section does not prohibit--
          (1) any lawfully authorized investigative, protective, or 
        intelligence activity of a law enforcement agency of the United 
        States, a State, or a subdivision of a State or of an 
        intelligence agency of the United States; or
          (2) any activity authorized under chapter 224 of title 18.
  (k) Construction.--This section does not affect a penalty that may be 
imposed for an activity prohibited under both this section and title 
18.
Sec. 10126. Illegal entry
  (a) General.--An alien apprehended while entering or attempting to 
enter the United States after March 31, 1997, at a time or place not 
designated by an immigration officer is liable to the Federal 
Government for a civil penalty of--
          (1) at least $50 and not more than $250 for each entry or 
        attempt; or
          (2) twice the amount specified in clause (1) of this 
        subsection if the alien previously was liable to the Government 
        for a civil penalty under this section.
  (b) Other Penalties Not Affected.--A civil penalty under this section 
is in addition to any criminal or other civil penalty that may be 
imposed.
Sec. 10127. Failure to depart
  (a) Voluntarily.--An alien allowed to depart voluntarily under 
section 6714(a) or (b) of this title who does not depart the United 
States voluntarily within the time period specified is--
          (1) liable to the Federal Government for a civil penalty of 
        at least $1,000 and not more than $5,000; and
          (2) ineligible for 10 years for any further relief under 
        section 6714(a) or (b), 6721, 9101, 9102, 9104, or 9108 of this 
        title.
  (b) Subject to Final Order of Deportation.--(1) An alien subject to a 
final order of removal is liable to the Government for a civil penalty 
of not more than $500 for each day after March 31, 1997, that the 
alien--
          (A) willfully fails or refuses to--
                  (i) depart from the United States under the order;
                  (ii) make timely application in good faith for travel 
                or other documents necessary for departure; or
                  (iii) present for removal at the time and place 
                required by the Attorney General; or
          (B) conspires to, or takes any action designed to, prevent or 
        hamper the alien's departure under the order.
  (2) Paragraph (1) of this subsection does not diminish or qualify any 
penalties to which an alien may be subject for activities proscribed by 
this title.
Sec. 10128. Improper use, publication, examination, or disclosure of 
                    information
  An individual who--
          (1) knowingly uses information, publishes information, or 
        allows information to be examined in violation of section 
        9308(b) of this title is liable to the Federal Government for a 
        civil penalty of not more than $10,000; and
          (2) willfully uses information, publishes information, or 
        allows information to be disclosed in violation of section 366 
        of this title is--
                  (A) subject to appropriate disciplinary action; and
                  (B) liable to the Government for a civil penalty of 
                not more than $5,000 for each violation.
Sec. 10129. Information dissemination by international matchmaking 
                    organization
  (a) Findings.--Congress finds the following:
          (1) There is a substantial mail-order bride business in the 
        United States. With approximately 200 companies in the United 
        States, an estimated 2,000 to 3,500 men in the United States 
        find wives through mail-order bride catalogs each year. 
        However, there are no official statistics available on the 
        number of mail-order brides entering the United States each 
        year.
          (2) The companies engaged in the mail-order bride business 
        earn substantial profits.
          (3) Although many of these mail-order marriages work out, in 
        many other cases, anecdotal evidence suggests that mail-order 
        brides find themselves in abusive relationships. There is also 
        evidence to suggest that a substantial number of mail-order 
        marriages are fraudulent under the laws of the United States.
          (4) Many mail-order brides come to the United States unaware 
        or ignorant of United States immigration law. Mail-order brides 
        who are battered often think that if they flee an abusive 
        marriage, they will be deported. Often the citizen spouse 
        threatens to have them deported if they report the abuse.
          (5) The Immigration and Naturalization Service estimates that 
        the rate of marriage fraud between foreign nationals and United 
        States citizens or aliens lawfully admitted for permanent 
        residence is 8 percent. It is unclear what percentage of these 
        marriage fraud cases originate as mail-order marriages.
  (b) Definitions.--In this section--
          (1) ``international matchmaking organization''--
                  (A) means a legal entity, whether or not organized 
                under the laws of the United States or any State, that 
                does business in the United States and for profit 
                offers to United States citizens or aliens lawfully 
                admitted for permanent residence, dating, matrimonial, 
                or social referral services to nonresident noncitizens, 
                by--
                          (i) an exchange of names, telephone numbers, 
                        addresses, or statistics;
                          (ii) selection of photographs; or
                          (iii) a social environment provided by the 
                        organization in a country other than the United 
                        States; but
                  (B) does not include a traditional matchmaking 
                organization of a religious nature that otherwise 
                complies with the laws of the countries of the recruits 
                of the organization and the laws of the United States.
          (2) ``recruit'' means a noncitizen, nonresident person 
        recruited by the international matchmaking organization to 
        provide dating, matrimonial, or social referral services to 
        United States citizens or aliens lawfully admitted for 
        permanent residence.
  (c) Dissemination of Information.--(1) Each international matchmaking 
organization doing business in the United States shall disseminate to 
recruits, when recruited, immigration and naturalization information 
that the Service considers appropriate, including information on--
          (A) conditional permanent residence status and the battered 
        spouse waiver under that status;
          (B) permanent resident status;
          (C) marriage fraud penalties;
          (D) the unregulated nature of the business engaged in by 
        those organizations; and
          (E) the study required under section 652(c) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (Public Law 104-208, div. C, 110 Stat. 3009-712).
  (2) The information shall be disseminated in the recruit's native 
language.
  (d) Civil Penalty.--(1) An international matchmaking organization 
that the Attorney General decides has violated subsection (c) of this 
section is liable to the Federal Government for a civil penalty of not 
more than $20,000 for each violation.
  (2) A penalty under paragraph (1) of this subsection--
          (A) may be imposed only after notice and an opportunity for 
        an agency hearing on the record in accordance with sections 
        554-557 of title 5; and
          (B) is in addition to any other penalties that may be 
        prescribed by law.
Sec. 10130. 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--
          (1) section 10113-10117, 10119, or 10120 of this title only 
        if a bond approved by the Attorney General or an amount 
        sufficient to pay the civil penalty is deposited; and
          (2) section 10112, 10123, or 10124 of this title only if a 
        bond approved by the Attorney General or an amount sufficient 
        to pay the civil penalty is deposited with the Commissioner of 
        Immigration and Naturalization.
  (b) Prohibition on Clearance When Penalty Unpaid.--A vessel or 
aircraft may not be granted clearance if a civil penalty imposed under 
section 10112-10117, 10119, 10120, 10123, or 10124 of this title is not 
paid.

                   SUBCHAPTER III--CRIMINAL PENALTIES

Sec. 10141. Violating period of conditional landing permit
  An alien crewmember willfully remaining in the United States after 
the period allowed by a conditional permit issued under section 2703(b) 
of this title shall be fined under title 18, imprisoned for not more 
than 6 months, or both.
Sec. 10142. Failure to register and be fingerprinted
  An alien required to apply for registration and to be fingerprinted 
in the United States and willfully failing to apply or to be 
fingerprinted, and a parent or legal guardian required to apply for the 
registration of an alien and willfully failing to apply, shall be fined 
under title 18, imprisoned for not more than 6 months, or both.
Sec. 10143. Failure to carry a certificate of alien registration or 
                    alien registration receipt card
  An alien violating section 8103(b) of this title shall be fined under 
title 18, imprisoned for not more than 30 days, or both.
Sec. 10144. Failure to provide addresses
  An individual violating section 8104 of this title shall be fined 
under title 18, imprisoned for not more than 30 days, or both.
Sec. 10145. False and fraudulent registration
  An alien, or a parent or legal guardian of an alien, who files an 
application for registration knowing that the application contains a 
false statement, or who registers or attempts to register himself, 
herself, or another individual through fraud, shall be fined under 
title 18, imprisoned for not more than 6 months, or both.
Sec. 10146. Counterfeiting alien registration documents
  A person that with unlawful intent makes an engraving, photograph, 
print, impression, or imitation of a certificate of alien registration 
or an alien registration receipt card, except when authorized under 
regulations prescribed by the Attorney General, shall be fined under 
title 18, imprisoned for not more than 5 years, or both.
Sec. 10147. Bringing in and harboring aliens
  (a) Criminal Penalties.--(1)(A) A person shall be punished as 
provided in subparagraph (B) of this paragraph if the person--
          (i) knowing an individual is an alien, brings or attempts to 
        bring the individual to the United States at a place not 
        designated as a port of entry or not designated by the 
        Commissioner of Immigration and Naturalization, even if the 
        alien has received prior authorization to come to, enter, or 
        reside in the United States, and regardless of any future 
        official action that may be taken with respect to the alien;
          (ii) knowing, or in reckless disregard of whether, an alien 
        has come to, has entered, or remains in the United States in 
        violation of law, transports or moves, or attempts to transport 
        or move, the alien within the United States in furtherance of 
        that violation;
          (iii) knowing, or in reckless disregard of whether, an alien 
        has come to, has entered, or remains in the United States in 
        violation of law, conceals, harbors, or shields from detection, 
        or attempts to conceal, harbor, or shield from detection, the 
        alien;
          (iv) encourages or induces an alien to come to, enter, or 
        reside in the United States, knowing, or in reckless disregard 
        of whether, the coming, entering, or residing is unlawful;
          (v) engages in any conspiracy to commit any of the acts 
        described in clauses (i)-(iv); or
          (vi) aids or abets the commission of any of the acts 
        described in clauses (i)-(iv).
  (B) For each alien with respect to whom a violation of subparagraph 
(A) of this paragraph occurs, the person committing the violation--
          (i) for a violation of subparagraph (A)(i) or (v), or for a 
        violation of subparagraph (A)(ii), (iii), or (iv) in which the 
        offense was done for commercial advantage or private financial 
        gain, shall be fined under title 18, imprisoned for not more 
        than 10 years, or both;
          (ii) for a violation of subparagraph (A)(ii), (iii), (iv), or 
        (vi), shall be fined under title 18, imprisoned for not more 
        than 5 years, or both;
          (iii) for a violation of subparagraph (A)(i), (ii), (iii), 
        (iv), (v), or (vi) during and in relation to which the person 
        causes serious bodily injury (as defined in section 1365 of 
        title 18) to, or places in jeopardy the life of, any person, 
        shall be fined under title 18, imprisoned for not more than 20 
        years, or both; and
          (iv) for a violation of subparagraph (A)(i), (ii), (iii), 
        (iv), (v), or (vi) resulting in death, shall be imprisoned for 
        any term of years or for life or punished by death, fined under 
        title 18, or both.
  (2)(A) A person shall be punished as provided in subparagraph (B) of 
this paragraph if the person, knowing or in reckless disregard of 
whether an alien has not received prior authorization to come to, 
enter, or reside in the United States, brings or attempts to bring the 
alien to the United States, regardless of any future official action 
that may be taken with respect to the alien.
  (B) For each alien in respect of whom a violation of subparagraph (A) 
of this paragraph occurs, the person committing the violation shall be 
fined under title 18, imprisoned for not more than one year, or both, 
except that if the violation is--
          (i) a first or 2d violation done for commercial advantage or 
        private financial gain or committed with the intent or with 
        reason to believe that the alien unlawfully brought into the 
        United States will commit an offense against the Federal 
        Government or any State punishable by imprisonment for more 
        than 1 year, the person shall be fined under title 18 and 
        imprisoned for not less than 3 nor more than 10 years;
          (ii) a first or 2d violation in which the alien is not 
        brought and presented to an immigration officer at a designated 
        port of entry immediately on arrival, the person shall be fined 
        under title 18 and imprisoned for not more than 10 years; or
          (iii) any other violation described in clause (i) or (ii) of 
        this subparagraph, fined under title 18 and imprisoned for not 
        less than 5 nor more than 15 years.
  (3) A person shall be fined under title 18, imprisoned for not more 
than 5 years, or both, if the person, during any 12-month period, 
knowingly hires for employment at least 10 individuals with actual 
knowledge that the individuals--
          (A) are unauthorized aliens (as defined in section 11101 of 
        this title); and
          (B) have been brought into the United States in violation of 
        this subsection.
  (b) Seizure and Forfeiture of Conveyance.--(1) A conveyance used in 
violating subsection (a) of this section shall be seized and may be 
forfeited. However, a conveyance--
          (A) used by a person as a common carrier in carrying out 
        common carrier business may be forfeited only if the owner or 
        person in charge of the conveyance consented to, or was privy 
        to, the violation; and
          (B) may not be forfeited if the owner establishes that 
        another person committed the violation when the conveyance was 
        in the possession of another person in violation of the 
        criminal laws of the United States or of a State.
  (2) A conveyance may be seized under this section without a warrant 
if there is probable cause to believe it has been or is being used in 
violating subsection (a) of this section and circumstances exist in 
which a warrant is not required constitutionally.
  (c) Disposition of Forfeited Conveyance.--When a conveyance is 
forfeited under this section, the Attorney General may--
          (1) keep the conveyance for official use;
          (2) sell the conveyance and shall use the proceeds to pay the 
        expenses of the proceedings for forfeiture and sale, including 
        seizure, maintenance of custody, advertising, and court costs;
          (3) require the Administrator of General Services, or the 
        Administrator of the Maritime Administration if appropriate 
        under section 203(i) of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 484(i)), to take custody of the 
        conveyance and dispose of it under law; or
          (4) dispose of the conveyance under a compromise made by the 
        Attorney General.
  (d) Proof in Forfeiture Action.--In a civil action brought to forfeit 
a conveyance seized under this section, a person claiming the 
conveyance has the burden of proof. However, the Attorney General first 
must show probable cause in bringing the action. In deciding whether 
probable cause exists, each of the following is prima facie evidence 
that an alien involved in an alleged violation had not received prior 
authorization to come to, enter, or reside in the United States or had 
come to, entered, or remained in the United States unlawfully:
          (1) A record of a judicial or administrative proceeding in 
        which the alien's status was an issue and in which it was 
        decided that the alien had not received prior authorization to 
        come to, enter, or reside in the United States or had come to, 
        entered, or remained in the United States unlawfully.
          (2) Official records of the Immigration and Naturalization 
        Service or the Department of State showing that the alien had 
        not received prior authorization to come to, enter, or reside 
        in the United States or had come to, entered, or remained in 
        the United States unlawfully.
          (3) Testimony by an immigration officer, having personal 
        knowledge about the alien's status, that the alien had not 
        received prior authorization to come to, enter, or reside in 
        the United States or had come to, entered, or remained in the 
        United States unlawfully.
  (e) Admissibility of Videotaped Testimony.--Notwithstanding the 
Federal Rules of Evidence (28 App. U.S.C.), the videotaped (or 
otherwise audiovisually preserved) deposition of a witness to a 
violation of subsection (a) of this section who has been deported or 
otherwise expelled from the United States, or who otherwise is unable 
to testify, may be admitted into evidence in an action brought for that 
violation if the witness was available for cross examination and the 
deposition otherwise complies with the Federal Rules of Evidence.
  (f) Application of Laws Related to Seizures and Forfeitures for 
Violating Customs Laws.--Laws related to the seizure, forfeiture, and 
condemnation of property for violating the customs laws, disposition of 
the property or the proceeds of sale of the property, compromise of the 
forfeiture or a related claim, and award of compensation to an informer 
because of the forfeiture apply to a seizure or forfeiture under this 
section if not inconsistent with this section. However, duties and 
powers of persons in seizing and forfeiting property under the customs 
laws shall be carried out by persons the Attorney General authorizes to 
conduct a seizure or forfeiture under this section.
  (g) Individuals Authorized To Make Arrests.--Only officers and 
employees of the Service designated by the Attorney General, 
individually or by class, and all other officers and employees who 
enforce criminal laws, may make arrests for a violation of this 
section.
Sec. 10148. Improper entry of aliens
  (a) Criminal Offenses.--An alien shall be punished as provided in 
subsection (b) of this section if the alien--
          (1) enters or attempts to enter the United States--
                  (A) at a time or place not designated by an 
                immigration officer; or
                  (B) by a willfully false or misleading representation 
                or the willful concealment of a material fact; or
          (2) eludes inspection or examination by an immigration 
        officer.
  (b) Criminal Penalties.--An alien violating subsection (a) of this 
section shall be--
          (1) fined under title 18, imprisoned for not more than 6 
        months, or both, for a first violation; and
          (2) fined under title 18, imprisoned for not more than 2 
        years, or both, for a subsequent violation.
  (c) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the alien 
is apprehended.
Sec. 10149. Reentry of removed aliens
  (a) Criminal Penalty.--(1) Except as otherwise provided in this 
section, an alien who has been denied admission, excluded, deported, or 
removed, or who has departed the United States while an exclusion, 
deportation, or removal order is outstanding and then enters, attempts 
to enter, or is found in the United States shall be fined under title 
18, imprisoned for not more than 2 years, or both.
  (2)(A) In subparagraphs (B)-(E) of this paragraph, ``removal'' 
includes an agreement in which an alien stipulates to removal at any 
time.
  (B) If the alien's removal followed conviction of at least 3 
misdemeanors involving drugs, crimes against the person, or both, or a 
felony (except an aggravated felony) and the alien enters, attempts to 
enter, or is found in the United States after November 17, 1988, the 
alien shall be fined under title 18, imprisoned for not more than 10 
years, or both.
  (C) If the alien's removal followed conviction of an aggravated 
felony and the alien enters, attempts to enter, or is found in the 
United States after November 17, 1988, the alien shall be fined under 
title 18, imprisoned for not more than 20 years, or both.
  (D) If the alien has been removed from the United States under 
section 6107 of this title because the alien was inadmissible under 
section 6310(b) of this title or has been removed from the United 
States under chapter 69 of this title, and then, without the permission 
of the Attorney General, enters or attempts to enter the United States, 
the alien shall be fined under title 18 and imprisoned for 10 years. 
The sentence under this subparagraph may not run concurrently with any 
other sentence.
  (E) If the alien has been removed from the United States under 
section 6715(d)(2) of this title and then, without the permission of 
the Attorney General, enters, attempts to enter, or is at any time 
found in, the United States (unless the Attorney General expressly has 
consented to the alien's reentry), the alien shall be fined under title 
18, imprisoned for not more than 10 years, or both.
  (b) Completion of Sentence of Imprisonment.--An alien removed under 
section 6715(d)(2) of this title who enters, attempts to enter, or is 
at any time found in, the United States (unless the Attorney General 
expressly has consented to the alien's reentry) shall be incarcerated 
for the remainder of the sentence of imprisonment that was pending at 
the time of removal without any reduction for parole or supervised 
release. The alien is subject to all other penalties related to the 
reentry of aliens who have been removed.
  (c) Nonapplication.--Subsection (a) of this section does not apply to 
an alien--
          (1) when the Attorney General specifically consents to the 
        alien's reapplying for admission before the alien--
                  (A) reboards at a place outside the United States; or
                  (B) applies for admission from a foreign territory 
                contiguous to the United States; or
          (2) previously denied admission and removed who establishes 
        that prior consent by the Attorney General is not required 
        under this title or other prior law.
  (d) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the alien 
is apprehended.
  (e) Challenge to Validity of Order.--In a proceeding under this 
section begun after April 24, 1996, an alien may not challenge the 
validity of the order described in subsection (a) of this section 
unless the alien demonstrates that--
          (1) the alien exhausted any administrative remedies that may 
        have been available to seek relief against the order;
          (2) the proceeding at which the order was issued improperly 
        deprived the alien of the opportunity for judicial review; and
          (3) the entry of the order fundamentally was unfair.
Sec. 10150. Assisting certain excludable aliens to enter the United 
                    States
  A person knowingly assisting or conspiring to assist an alien to 
enter the United States shall be fined under title 18, imprisoned for 
not more than 10 years, or both, if--
          (1) the alien is inadmissible under section 6309(a)(1)-(5) or 
        (7) of this title because of a conviction for an aggravated 
        felony and the assistance occurred after November 17, 1988; or
          (2) the alien is inadmissible under section 6310 of this 
        title.
 Sec. 10151. Importing aliens for immoral purposes
  (a) Criminal Penalty.--A person shall be fined under title 18, 
imprisoned for not more than 10 years, or both, if the person--
          (1) imports or attempts to import an alien into the United 
        States for prostitution or another immoral purpose; or
          (2) holds, attempts to hold, maintains, controls, supports, 
        employs, or harbors an alien in furthering an importation 
        violating clause (1) of this subsection.
  (b) Venue.--A proceeding under this section may be brought in any 
judicial district into which the alien is brought in violation of this 
section or in which a violation of this section occurs.
  (c) Testimony of Spouse.--Testimony of a spouse is admissible and is 
competent evidence in a proceeding under this section.
Sec. 10152. Failure to depart
  (a) Criminal Offenses.--An alien against whom the Attorney General 
has issued a final order of removal because of any ground described in 
chapter 65 of this title shall be punished as provided in subsection 
(c) of this section if the alien--
          (1) willfully does not--
                  (A) leave the United States within the 90-day period 
                that begins on--
                          (i) the date of the Attorney General's final 
                        order; or
                          (ii) if judicial review occurs, the date of 
                        the court's final order.
                  (B) apply timely in good faith for a document the 
                alien needs to leave the United States; or
                  (C) appear for removal at the time and place the 
                Attorney General requires under the order of removal; 
                or
          (2) takes an action to prevent or hamper, or conspires to 
        prevent or hamper, the alien from leaving the United States 
        under the removal order.
  (b) Attempted Relief Not Prohibited.--Subsection (a) of this section 
does not prohibit an alien from trying to obtain--
          (1) a cancellation of the removal order;
          (2) an exemption from the removal order; or
          (3) a release from incarceration or custody.
  (c) Criminal Penalties.--An alien violating subsection (a) of this 
section shall be fined under title 18, imprisoned for not more than 4 
years, or both. However, if the alien is deportable because of a ground 
described in section 6505, 6506(a), (b), (c), (d), or (f), 6507(a), 
(b)(1), (2), (3), or (5), (c), or (d), 6508, or 6509 of this title, the 
alien shall be fined under title 18, imprisoned for not more than 10 
years, or both.
  (d) Suspension of Sentence and Release.--(1) For good cause, the 
court sentencing an alien convicted of violating subsection (a) of this 
section may suspend the sentence and order the alien released on 
conditions the court prescribes.
  (2) In deciding whether good cause exists for releasing an alien 
under paragraph (1) of this subsection, the court shall consider 
factors such as--
          (A) the age, health, and period of detention of the alien;
          (B) the effect of the alien's release on the security of the 
        United States and public peace or safety;
          (C) the likelihood that the alien will resume or follow a 
        course of conduct that made or would make the alien deportable;
          (D) efforts the alien or a representative of a country to 
        which the alien is ordered removed makes to expedite the 
        alien's leaving the United States;
          (E) the reason why the Federal Government cannot obtain a 
        passport or other travel document or removal facilities from a 
        country to which the alien is ordered removed; and
          (F) the eligibility of the alien for discretionary release 
        under the immigration laws.
Sec. 10153. Marriage to evade immigration laws
  (a) Criminal Penalty.--An individual who knowingly marries to evade 
the immigration laws shall be fined under title 18, imprisoned for not 
more than 5 years, or both.
  (b) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the 
individual is apprehended.
Sec. 10154. Misrepresentations in applications for adjustment of status
  An individual knowingly and willfully making a material 
misrepresentation in an application or supporting document filed under 
section 9302 or 9304 of this title, or making or using a false document 
in connection with the application, shall be fined under title 18, 
imprisoned for not more than 5 years, or both.
Sec. 10155. Establishing a commercial enterprise to evade immigration 
                    laws
  (a) Criminal Penalty.--An individual who knowingly establishes a 
commercial enterprise to evade the immigration laws shall be fined 
under title 18, imprisoned for not more than 5 years, or both.
  (b) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the 
individual is apprehended.
Sec. 10156. Failure to disclose role as preparer of false application 
                    for immigration benefits
  (a) Definition.--In this section, ``falsely make'' means to prepare 
at any time, or provide after September 29, 1996, an application or 
document with knowledge or in reckless disregard of the fact that the 
application or document--
          (1) contains a false, fictitious, or fraudulent statement or 
        material representation;
          (2) has no basis in law or fact; or
          (3) otherwise fails to state a fact which is material to the 
        purpose for which it was submitted.
  (b) First Violation.--In any matter within the jurisdiction of the 
Immigration and Naturalization Service, an individual who knowingly and 
willfully does not disclose, conceals, or covers up the fact that the 
individual, for any person and for a fee or other remuneration, has 
prepared or assisted in preparing an application for immigration 
benefits which was falsely made shall be--
          (1) fined under title 18, imprisoned for not more than 5 
        years, or both; and
          (2) prohibited from preparing or assisting in preparing, 
        whether or not for a fee or other remuneration, another similar 
        application.
  (c) Subsequent Violations.--An individual convicted of violating 
subsection (b) of this section who knowingly and willfully prepares or 
assists in preparing an application for immigration benefits under this 
title (except subchapter I of chapter 7, chapter 47, subchapters II and 
III of chapter 131, and chapters 133 and 135), or regulations 
prescribed under this title (except any of those provisions), whether 
or not for a fee or other remuneration and regardless of whether in any 
matter within the jurisdiction of the Service, shall be--
          (1) fined under title 18, imprisoned for not more than 15 
        years, or both; and
          (2) prohibited from preparing or assisting in preparing 
        another similar application.
Sec. 10157. Failure to comply with terms of release under supervision
  An alien who willfully does not comply with a regulation prescribed 
or requirement issued under section 6715(c) of this title or who 
knowingly gives false information in response to an inquiry under 
section 6715(c) shall be fined under title 18, imprisoned for not more 
than one year, or both.

              SUBTITLE III--UNLAWFUL EMPLOYMENT PRACTICES

Chapter                                                             Sec.

UNLAWFUL EMPLOYMENT OF ALIENS......................................11101
IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES....................11301

               CHAPTER 111--UNLAWFUL EMPLOYMENT OF ALIENS

Sec.
11101.  Definitions.
11102.  Employment of unauthorized aliens.
11103.  Employment verification system.
11104.  Evaluating and changing employment verification system.
11105.  Compliance.
11106.  Criminal penalties and civil actions for pattern or practice 
          violations.
11107.  Indemnity prohibition.
11108.  Conspicuous statement requirement.
11109.  Preemption of state and local law.
Sec. 11101. Definitions
  In this chapter--
          (1) ``entity'' includes a federal department, agency, or 
        instrumentality.
          (2) ``unauthorized alien'' means, with respect to employment 
        at a particular time, an alien who is not at that time--
                  (A) lawfully admitted for permanent residence; or
                  (B) authorized to be employed in that employment by 
                this title or by the Attorney General.
Sec. 11102. Employment of unauthorized aliens
  (a) Prohibitions.--(1) A person or other entity--
          (A) may not hire, or recruit or refer for a fee, for 
        employment in the United States an alien knowing the alien is 
        an unauthorized alien;
          (B) may not hire for employment in the United States an 
        individual without complying with section 11103 of this title; 
        or
          (C) if the person or entity is an agricultural association, 
        agricultural employer, or farm labor contractor (as defined in 
        section 3 of the Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1802)), may not recruit or refer for 
        a fee for employment in the United States an individual without 
        complying with section 11103 of this title.
  (2) A person or other entity may not continue to employ in the United 
States an alien knowing the alien is an unauthorized alien.
  (b) Use of Labor Through Contract.--A person or other entity violates 
subsection (a)(1)(A) of this section if the person uses a contract, 
subcontract, or exchange that is made, renegotiated, or extended after 
November 6, 1986, to obtain the labor of an alien in the United States, 
knowing the alien is an unauthorized alien.
  (c) Defense.--Good faith compliance with section 11103 of this title 
is an affirmative defense under subsection (a)(1)(A) of this section.
  (d) State Employment Agency Documentation.--For purposes of 
subsections (a)(1)(B) and (C) and (c) of this section, a person or 
other entity hiring an individual referred by a State employment agency 
(as defined by the Attorney General) is deemed to have complied with 
section 11103 of this title if the person or entity has and retains 
(for the period and in the way described in section 11103(c)) 
appropriate documentation of the referral certifying that the agency 
complied with section 11103 for that individual.
  (e) Treatment of Documentation for Certain Employees.--(1) For 
purposes of this section, an employer that is a member of an 
association of at least 2 employers is deemed to have complied with the 
requirements of section 11103 of this title with respect to the hiring 
of an employee and is not liable for civil penalties described in 
section 11105(e) of this title if--
          (A) the individual hired is a member of a collective-
        bargaining unit and was employed, under a collective bargaining 
        agreement between at least one employee organization and the 
        association, by an employer that is a member of the 
        association; and
          (B) the prior employer (or an agent of the association for 
        the employer) complied with the requirements of section 11103 
        of this title with respect to the employment of the individual, 
        within the lesser of 3 years or the period of time that the 
        individual is authorized to be employed in the United States.
  (2)(A) For purposes of subsection (a)(1)(A) of this section, a member 
of an association that hires for employment in the United States an 
individual who is an alien not authorized to work in the United States 
and that relies on paragraph (1) of this subsection to comply with the 
requirements of section 11103 of this title is presumed to have known 
at the time of hiring or afterward that the individual was an alien not 
authorized to work in the United States.
  (B) The presumption may be rebutted by the employer only by 
presenting clear and convincing evidence that the employer did not know 
(and reasonably could not have known) that the individual at the time 
of hiring or afterward was an alien not authorized to work in the 
United States.
  (C) Subparagraph (A) of this paragraph does not apply in a 
prosecution under section 11106(a) of this title.
  (f) Nonapplication.--(1) Subsection (a)(1) of this section does not 
apply to hiring, recruiting, or referring that occurred before November 
6, 1986.
  (2) Subsection (a)(2) of this section does not apply to continuing 
employment of an alien hired before November 6, 1986.
Sec. 11103. Employment verification system
  (a) Attestation After Examining Documents.--(1) A person or other 
entity hiring, or recruiting or referring for a fee, an individual for 
employment in the United States must attest, under penalty of perjury 
and on a form the Attorney General prescribes by regulation, that the 
person or entity has verified that the individual is not an 
unauthorized alien by examining--
          (A) a document specified in paragraph (3) of this subsection; 
        or
          (B)(i) a document specified in paragraph (4) of this 
        subsection; and
          (ii) a document specified in paragraph (5) of this 
        subsection.
  (2) A person or other entity has examined a document as required by 
paragraph (1) of this subsection if the person or entity has found that 
the document reasonably appears on its face to be genuine. The person 
or entity is not required to request, and the individual is not 
required to provide, another document if the individual has provided a 
document or combination of documents complying with paragraph (1) that 
reasonably appear on their face to be genuine.
  (3) A document required under paragraph (1)(A) of this subsection is 
an individual's--
          (A) United States passport; or
          (B) resident alien card, alien registration card, or other 
        document the Attorney General designates if the document--
                  (i) contains the individual's photograph and other 
                identifying information the Attorney General prescribes 
                by regulation as acceptable;
                  (ii) is evidence of authorization of employment in 
                the United States; and
                  (iii) contains security features to make it resistant 
                to tampering, counterfeiting, and fraudulent use.
  (4) A document required under paragraph (1)(B)(i) of this subsection 
is an individual's--
          (A) social security account number card (unless it states on 
        its face that issuance of the card does not authorize 
        employment in the United States); or
          (B) other documentation providing authorization of employment 
        in the United States that the Attorney General prescribes by 
        regulation as acceptable.
  (5) A document required under paragraph (1)(B)(ii) of this subsection 
is an individual's--
          (A) driver's license or similar document issued for 
        identification by a State, if it contains the individual's 
        photograph or other identifying information the Attorney 
        General prescribes by regulation as acceptable; or
          (B) for an individual less than 16 years of age or in a State 
        that does not issue an identification document other than a 
        driver's license, documentation of personal identity that the 
        Attorney General prescribes by regulation as providing a 
        reliable means of identification.
  (6) If the Attorney General finds, by regulation, that any document 
described in paragraph (3), (4), or (5) of this subsection as 
establishing employment authorization or identity does not reliably 
establish the authorization or identity or is being used fraudulently 
to an unacceptable degree, the Attorney General may prohibit or place 
conditions on its use for purposes of this section.
  (b) Individual Attestation of Employment Authorization.--The 
individual must attest, under penalty of perjury and on the form 
prescribed under subsection (a) of this section, that the individual 
is--
          (1) a national of the United States;
          (2) an alien lawfully admitted for permanent residence; or
          (3) an alien authorized by this title or by the Attorney 
        General to be hired, recruited, or referred for the employment.
  (c) Retention of Verification Form.--After the form is completed as 
provided in subsections (a) and (b) of this section, the person or 
entity must retain the form and make it available for inspection by 
officers and employees of the Immigration and Naturalization Service, 
the Special Counsel for Immigration-Related Unfair Employment 
Practices, or the Secretary of Labor during a period beginning on the 
date of the hiring, recruiting, or referral and ending--
          (1) if the individual is recruited or referred for a fee but 
        not hired, 3 years after the date of the recruiting or 
        referral; or
          (2) if the individual is hired, 3 years after the date of 
        hire or one year after the date the employment ends, whichever 
        is later.
  (d) Copying Documentation.--A person or other entity may copy a 
document presented by an individual under this section and retain the 
copy, but only (except as otherwise permitted by law) to comply with 
this section.
  (e) Good Faith Compliance.--(1) Except as provided in paragraph (2) 
of this subsection, a person or other entity is deemed to have complied 
with a requirement of this section (notwithstanding a technical or 
procedural failure to meet the requirement that occurred after 
September 29, 1996) if there was a good faith attempt to comply with 
the requirement.
  (2) Paragraph (1) of this subsection does not apply--
          (A) if--
                  (i) the Service (or another enforcement agency) has 
                explained to the person or entity the basis for the 
                failure;
                  (ii) the person or entity has been provided at least 
                10 business days (beginning after the date of the 
                explanation) to correct the failure; and
                  (iii) the person or entity has not corrected the 
                failure voluntarily within that time; or
          (B) to a person or other entity that has engaged or is 
        engaging in a pattern or practice of violations of section 
        11102(a)(1)(A) or (2) of this title.
  (f) Limitation on Use of Forms.--A form completed under this section, 
and information contained in or appended to the form, may be used only 
to enforce this title and sections 1001, 1028, 1546, and 1621 of title 
18.
  (g) National Identification Card Not Authorized.--This chapter does 
not authorize the establishment, issuance, or use of a national 
identification card.
Sec. 11104. Evaluating and changing employment verification system
  (a) Definition.--In this section, ``major change'' means a change 
that would--
          (1) require an individual to present a new card or other 
        document (designed specifically to verify identity, employment 
        eligibility, or both) at the time of hiring, recruitment, or 
        referral;
          (2) provide for a telephone verification system under which--
                  (A) an employer, recruiter, or referrer must give an 
                officer or employee of the Federal Government 
                information about the immigration status of a 
                prospective employee; and
                  (B) the officer or employee of the Government gives 
                the employer, recruiter, or referrer a verification 
                code that the employer, recruiter, or referrer must 
                record; or
          (3) require a change in a card used for accounting under the 
        Social Security Act (42 U.S.C 301 et seq.), including a change 
        requiring that the only social security account number card 
        that may be presented to comply with section 11103(a)(4)(A) of 
        this title is a card in a counterfeit-resistant form consistent 
        with section 205(c)(2)(G) (last sentence) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(G) (last sentence)).
  (b) Presidential Monitoring and Improvements.--(1) The President 
shall--
          (A) provide for monitoring and evaluating the degree to which 
        the employment verification system under section 11103 of this 
        title provides a secure system to verify employment eligibility 
        in the United States; and
          (B) examine the suitability of using existing federal and 
        state identification systems to verify employment eligibility 
        in the United States.
  (2) To the extent the President finds the system is not a secure 
system to verify employment eligibility in the United States, the 
President shall make changes in and additions to the system necessary 
to establish a secure system to verify employment eligibility in the 
United States--
          (A) subject to subsections (c)-(f) of this section; and
          (B) after considering the results of any demonstration 
        project conducted under subsection (g) of this section.
  (c) Change Requirements.--A change proposed by the President under 
subsection (b) of this section must be designed so that the system, as 
changed, will meet the following requirements:
          (1) The system must be able to verify reliably whether--
                  (A) an individual with the identity claimed by an 
                employee or prospective employee is eligible to work; 
                and
                  (B) the employee or prospective employee is claiming 
                the identity of another individual.
          (2) If the system requires that a document be presented to or 
        examined by an employer, the document must be in a form 
        resistant to counterfeiting and tampering.
          (3) Personal information used by the system may be made 
        available only to the extent necessary to verify that an 
        individual is not an unauthorized alien.
          (4) The system must protect the privacy and security of 
        personal information and identifiers used in the system.
          (5) A verification that an individual is eligible to be 
        employed in the United States may be withheld or revoked only 
        if the individual is an unauthorized alien.
          (6) The system may not be used for law enforcement, except to 
        enforce this title and sections 1001, 1028, 1546, and 1621 of 
        title 18.
          (7) If the system requires an individual to present a new 
        card or other document (designed specifically to verify 
        employment eligibility) at the time of hiring, recruitment, or 
        referral, the document may not be required to be presented for 
        another purpose (other than under this title (except subchapter 
        I of chapter 7, chapter 47, subchapters II and III of chapter 
        131, and chapters 133 and 135) or for enforcement of sections 
        1001, 1028, 1546, and 1621 of title 18) or to be carried on the 
        individual.
  (d) Notices to Congress Before Making Changes.--(1) Before 
implementing a change, the President must submit a written report of 
the proposed change to the Committees on the Judiciary of the Senate 
and the House of Representatives. If the President proposes a change 
affecting social security account number cards, the President also 
shall submit the report to the Committee on Finance of the Senate and 
the Committee on Ways and Means of the House of Representatives. A 
report under this paragraph shall include recommendations for civil and 
criminal penalties for unauthorized use or disclosure of the 
information or identifiers used in the system. The report shall be 
submitted at least--
          (A) 60 days before the date the change is to be implemented 
        if the change is not a major change;
          (B) one year before the date the change is to be implemented 
        if the change is a major change as defined in subsection (a)(3) 
        of this section; or
          (C) 2 years before the date the change is to be implemented 
        if the change is a major change as defined in subsection (a)(1) 
        or (2) of this section.
  (2) The President shall publish promptly in the Federal Register the 
substance of a major change reported to Congress under this subsection.
  (e) Congressional Review of Major Changes.--(1) The Committees on the 
Judiciary of the Senate and the House of Representatives shall--
          (A) publish in the Congressional Record the substance of a 
        major change submitted by the President under subsection (d) of 
        this section;
          (B) hold hearings on the feasibility and desirability of the 
        change; and
          (C) within the 2-year period before the change is to be 
        implemented, report to their respective Houses findings on 
        whether the change should be made.
  (2) A major change may be implemented only if an amount is 
appropriated by law specifically to implement the change.
  (f) Payment of Costs.--Costs incurred under this section in 
developing and implementing a change described in subsection (a)(3) of 
this section may not be paid out of a trust fund established under the 
Social Security Act (42 U.S.C. 301 et seq.).
  (g) Demonstration Projects.--The President may undertake 
demonstration projects consistent with subsection (c) of this section 
of different changes in the system. A project may not be for more than 
5 years. The President shall report to Congress on the results of each 
project conducted under this subsection.
Sec. 11105. Compliance
  (a) Complaints and Investigations.--The Attorney General shall 
establish procedures for--
          (1) an individual or entity to file a written, signed 
        complaint of a violation of section 11102(a) or 11107(a) of 
        this title;
          (2) investigating a complaint that, on its face, has a 
        substantial probability of validity;
          (3) investigating other violations of section 11102(a) or 
        11107(a) of this title that the Attorney General considers 
        appropriate; and
          (4) designating a unit in the Immigration and Naturalization 
        Service that has, as its primary duty, the prosecution under 
        this section of violations of section 11102(a) or 11107(a) of 
        this title.
  (b) Authority in Conducting Investigations and Hearings.--(1) In 
conducting an investigation or hearing under this section--
          (A) the immigration officer or administrative law judge 
        conducting the investigation or hearing shall have reasonable 
        access to examine evidence of a person or other entity being 
        investigated;
          (B) the administrative law judge may subpena, if necessary, 
        the attendance of witnesses and the production of evidence at 
        any designated place; and
          (C) an immigration officer the Commissioner of Immigration 
        and Naturalization designates may subpoena the attendance of 
        witnesses and the production of evidence at any designated 
        place before a complaint is filed under paragraph (2) of this 
        subsection.
  (2) If a person or other entity disobeys a subpena issued under this 
subsection, an appropriate district court of the United States, on 
application by the Attorney General, may issue an order to comply with 
the subpena. The court may punish a failure to comply with the order of 
the court as a contempt of court.
  (c) Hearings.--(1) The Attorney General may issue an order referred 
to in subsections (d)-(f) of this section against a person or other 
entity for violating section 11102(a) or 11107(a) of this title only 
after providing notice and an opportunity for a hearing. A hearing must 
be requested within a reasonable time (established by the Attorney 
General, but at least 30 days) after the date of the notice.
  (2) If a timely request for a hearing is not made, the Attorney 
General may issue an order referred to in subsections (d)-(f) of this 
section without a hearing.
  (3) If a timely request for a hearing is made, the hearing shall be 
conducted by an administrative law judge as provided in section 554 of 
title 5 at the nearest practicable place to the place where the person 
or entity resides or the alleged violation occurred. If the judge finds 
by a preponderance of the evidence that the person or entity has 
violated section 11102(a) or 11107(a) of this title, the judge shall--
          (A) state findings of fact; and
          (B) issue and have served on the person an order referred to 
        in subsections (d)-(f) of this section.
  (d) Orders Involving Hiring, Recruiting, and Referral Violations.--
(1) For a violation of section 11102(a)(1)(A) or (2) of this title, an 
order issued under this section--
          (A) shall require the person or other entity to cease and 
        desist from the violation and to pay a civil penalty of--
                  (i) at least $250, but not more than $2,000, for each 
                unauthorized alien involved in the violation;
                  (ii) at least $2,000, but not more than $5,000, for 
                each unauthorized alien involved in the violation if 
                the person or entity previously was subject to one 
                order under this subsection; or
                  (iii) at least $3,000, but not more than $10,000, for 
                each unauthorized alien involved in the violation if 
                the person or entity previously was subject to more 
                than one order under this subsection; and
          (B) may require the person or entity --
                  (i) to comply for not more than 3 years with section 
                11103 of this title or, if applicable, with section 
                11104 of this title, for individuals hired or recruited 
                or referred for a fee; and
                  (ii) to take other appropriate remedial action.
  (2) Under paragraph (1) of this subsection, if the person or entity 
is composed of distinct, physically separate subdivisions each of which 
provides separately for the hiring, recruiting, or referring for 
employment, without reference to the practices of, and not under 
control of or common control with, another subdivision, each 
subdivision is deemed a separate person or entity.
  (e) Orders Involving Paperwork Violations.--For a violation of 
section 11102(a)(1) (B) or (C) of this title, an order issued under 
this section shall require the person or entity to pay a civil penalty 
of at least $100, but not more than $1,000, for each individual about 
whom the violation occurred. In deciding on the amount of the penalty, 
consideration shall be given to--
          (1) the size of the business of the employer;
          (2) the good faith of the employer;
          (3) the seriousness of the violation;
          (4) whether the individual was an unauthorized alien; and
          (5) any history of prior violations.
  (f) Orders Involving Indemnity Violations.--For a violation of 
section 11107(a) of this title, an order issued under this section may 
provide for the penalty described in section 11107(b) of this title.
  (g) Finality of Decisions and Orders.--(1) The decision and order of 
an administrative law judge become the final decision and order of the 
Attorney General unless--
          (A)(i) within 30 days after the date of the decision and 
        order, an official delegated by regulation to exercise review 
        authority over the decision and order modifies or vacates the 
        decision and order; and
          (ii) within 30 days after the date of being modified or 
        vacated, the decision and order are referred to the Attorney 
        General pursuant to regulations; or
          (B) within 60 days after the date of the decision and order 
        (if not modified or vacated), the decision and order are 
        referred to the Attorney General pursuant to regulations.
  (2) If the decision and order are referred to the Attorney General 
under paragraph (1) of this subsection, the decision and order of the 
Attorney General become the final decision and order.
  (3) The Attorney General may not delegate the Attorney General's 
authority under this subsection to an entity having review authority 
over immigration-related matters.
  (h) Judicial Review.--(1) Except as provided in paragraph (2) of this 
subsection, a person or other entity adversely affected by a final 
order imposing a civil penalty under this section may file a petition 
for review of the order in the court of appeals for the appropriate 
circuit within 45 days after the date the final order is issued.
  (2) An order of the Attorney General issued without a hearing as 
provided in subsection (c)(2) of this section is not appealable.
  (i) Enforcement of Orders.--If a person or other entity does not 
comply with a final order issued under this section, the Attorney 
General shall bring a civil action in an appropriate district court of 
the United States to seek compliance with the order. The validity and 
appropriateness of the order may not be reviewed in the action.
Sec. 11106. Criminal penalties and civil actions for pattern or 
                    practice violations
  (a) Criminal Penalty.--A person or other entity engaging in a pattern 
or practice of violations of section 11102(a)(1) (A) or (2) of this 
title shall be fined not more than $3,000 for each unauthorized alien 
involved in a violation (notwithstanding the provisions of title 18 on 
the amount of fines), imprisoned for not more than 6 months for the 
entire pattern or practice, or both.
  (b) Civil Actions.--If the Attorney General has reason to believe 
that a person or other entity is engaged in a pattern or practice of 
employment, recruitment, or referral in violation of section 11102(a) 
(1)(A) or (2) of this title, the Attorney General may bring a civil 
action in the appropriate district court of the United States for 
relief the Attorney General considers necessary.
Sec. 11107. Indemnity prohibition
  (a) General.--A person or other entity hiring, recruiting, or 
referring an individual for employment may not require the individual 
to post a bond or security, to pay or agree to pay an amount, or to 
give another financial guarantee or indemnity, against potential 
liability arising under this chapter related to the hiring, recruiting, 
or referral.
  (b) Civil Penalty.--After notice and an opportunity for a hearing 
under section 11105 of this title, a person or other entity found to 
have violated subsection (a) of this section--
          (1) is liable to the Federal Government for a civil penalty 
        of $1,000; and
          (2) may be ordered administratively to return any amount 
        received in violation of subsection (a) of this section to the 
        individual or, if the individual cannot be located, to pay that 
        amount to the general fund of the Treasury.
Sec. 11108. Conspicuous statement requirement
  In providing for the documentation or endorsement of authorization 
for employment in the United States for an alien (except an alien 
lawfully admitted for permanent residence), the Attorney General shall 
provide that a limitation on the period or type of employment or 
employer be stated conspicuously on the documentation or endorsement.
Sec. 11109. Preemption of state and local law
  This chapter preempts state and local law imposing a civil or 
criminal penalty (except through licensing and similar laws) on a 
person employing, or recruiting or referring for a fee for employment, 
an unauthorized alien.

      CHAPTER 113--IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES

Sec.
11301.  Definition.
11302.  Immigration-related unfair employment practices.
11303.  Special Counsel for Immigration-Related Unfair Employment 
          Practices.
11304.  Filing charges of unfair practices.
11305.  Investigating charges and filing complaints.
11306.  Hearings on complaints.
11307.  Authority in conducting investigations and hearings.
11308.  Orders of administrative law judges.
11309.  Judicial review of final orders.
11310.  Judicial enforcement of administrative orders.
11311.  Attorney fees.
11312.  Certain authority not affected.
Sec. 11301. Definition
  In this chapter, ``protected individual''--
          (1) means an individual who is--
                  (A) a national of the United States; or
                  (B) an alien lawfully admitted for permanent 
                residence, lawfully admitted for temporary residence 
                under section 9302 of this title or section 210(a) of 
                the Immigration and Nationality Act, admitted as a 
                refugee under section 5105 of this title, or granted 
                asylum under section 5106 of this title; but
          (2) does not include an alien who--
                  (A) did not apply for naturalization within 6 months 
                after first becoming eligible (because of a period of 
                lawful permanent residence) to apply or, if later, 
                before May 7, 1987; or
                  (B) timely applied but was not naturalized within 2 
                years after applying (excluding time taken by the 
                Immigration and Naturalization Service in processing 
                the application), unless the alien establishes that the 
                alien is actively pursuing naturalization.
Sec. 11302. Immigration-related unfair employment practices
  (a) Immigration-Related Unfair Employment Practices.--It is an 
immigration-related unfair employment practice for a person or other 
entity--
          (1) to discriminate against an individual (except an 
        unauthorized alien as defined in section 11101 of this title) 
        in hiring, or recruiting or referring for employment for a fee, 
        the individual or discharging the individual from employment 
        because of the individual's national origin or, if the 
        individual is a protected individual, because of the 
        individual's citizenship status; or
          (2) after November 28, 1990, to intimidate, threaten, coerce, 
        or retaliate against an individual--
                  (A) for the purpose of interfering with a right or 
                privilege under this chapter; or
                  (B) because the individual intends to file or has 
                filed a charge or complaint or assisted or participated 
                in an investigation, hearing, or proceeding under this 
                chapter.
  (b) Certain Document Practices as Being Unfair.--It is an 
immigration-related unfair employment practice for a person or other 
entity to request, after September 29, 1996, for purposes of satisfying 
the requirements of section 11103 of this title, more or different 
documents than are required under section 11103, or to refuse to honor 
a document that on its face reasonably appears to be genuine, if the 
request or refusal is made for the purpose or with the intent of 
discriminating against an individual in violation of subsection (a)(1) 
of this section.
  (c) Nonapplication.--Subsection (a)(1) of this section does not apply 
to--
          (1) a person or other entity employing fewer than 4 
        employees;
          (2) discrimination by a person or other entity because of an 
        individual's national origin if the discrimination by that 
        person or entity against that individual is covered by section 
        703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2); or
          (3) discrimination because of citizenship status that is--
                  (A) required to comply with a law, regulation, or 
                executive order;
                  (B) required by a contract of the Federal Government 
                or a state or local government; or
                  (C) found by the Attorney General to be essential for 
                an employer to do business with a federal department, 
                agency, or instrumentality or a state or local 
                governmental entity.
  (d) Preference for Equally Qualified Nationals.--It is not an 
immigration-related unfair employment practice for a person or other 
entity to hire, recruit, or refer an individual who is a national of 
the United States instead of an individual who is an alien if both 
individuals are equally qualified.
Sec. 11303. Special Counsel for Immigration-Related Unfair Employment 
                    Practices
  (a) Appointment.--The President shall appoint, by and with the advice 
and consent of the Senate, a Special Counsel for Immigration-Related 
Unfair Employment Practices. The Special Counsel serves in the 
Department of Justice for a term of 4 years. When the position is 
vacant, the President may designate an officer or employee of the 
Federal Government to act as Special Counsel during the vacancy.
  (b) Duties and Powers.--The Special Counsel shall carry out the 
duties and powers given the Special Counsel under this chapter.
  (c) Dissemination of Information.--(1) In cooperation with the 
Chairman of the Equal Employment Opportunity Commission, the Secretary 
of Labor, and the Administrator of the Small Business Administration, 
the Special Counsel shall conduct a campaign--
          (A) to disseminate information on the rights and remedies 
        prescribed under this chapter and title VII of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e et seq.) related to immigration-
        related unfair employment practices; and
          (B) to increase the knowledge of employers, employees, and 
        the public about employer and employee rights, 
        responsibilities, and remedies under this chapter and title 
        VII.
  (2) To carry out this subsection, the Special Counsel--
          (A) to the extent considered appropriate and subject to the 
        availability of appropriations, may make contracts with public 
        and private organizations for outreach activities under the 
        campaign; and
          (B) shall consult with the Chairman, the Secretary, and the 
        heads of other appropriate agencies.
  (3) Not more than $10,000,000 may be appropriated for each fiscal 
year to carry out this subsection.
  (d) Outreach Programs.--Not more than $3,000,000 of the unobligated 
balances remaining in the account described in section 9307(b) of this 
title is available in each fiscal year for grants, contracts, and 
cooperative agreements to community-based organizations for outreach 
programs and shall be administered by the Special Counsel for 
Immigration-Related Unfair Employment Practices. Amounts under this 
subsection are in addition to amounts appropriated to the Special 
Counsel for those purposes. Amounts available under this subsection may 
not be used by the Special Counsel to establish regional offices.
  (e) Pay.--The Special Counsel is entitled to a rate of pay that is 
not more than the maximum annual rate of basic pay payable under 
section 5376 of title 5.
  (f) Regional Offices.--Under regulations prescribed by the Attorney 
General, the Special Counsel shall establish regional offices necessary 
to carry out the duties and powers of the Special Counsel.
Sec. 11304. Filing charges of unfair practices
  (a) Filing Charges.--(1) Except as provided in subsection (c) of this 
section, a charge of an immigration-related unfair employment practice 
may be filed with the Special Counsel for Immigration-Related Unfair 
Employment Practices by--
          (A) a person alleging to be adversely affected directly by 
        the practice, or by another person for that person; or
          (B) an officer of the Immigration and Naturalization Service 
        alleging that the practice has occurred or is occurring.
  (2) A charge filed under this subsection must be in writing and under 
oath and contain information the Attorney General requires.
  (b) Service of Notice of Charges.--The Special Counsel shall serve a 
notice of a charge filed under subsection (a) of this section 
(including the date, place, and circumstances of the alleged practice) 
on the person or other entity alleged to have committed the practice. 
The notice shall be served by certified mail not later than 10 days 
after the charge is filed.
  (c) Limitations on Filing Charges.--A charge of an immigration-
related unfair employment practice involving discrimination because of 
national origin may not be filed under this section if a charge of that 
practice based on the same set of facts has been filed with the Equal 
Employment Opportunity Commission under title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e et seq.), unless the charge is dismissed 
as being outside the scope of title VII. A charge about an employment 
practice may not be filed with the Equal Employment Opportunity 
Commission under title VII if a charge about that practice based on the 
same set of facts has been filed under this section, unless the charge 
is dismissed as being outside the scope of this chapter.
Sec. 11305. Investigating charges and filing complaints
  (a) Special Counsel.--(1) The Special Counsel for Immigration-Related 
Unfair Employment Practices shall investigate each charge filed under 
section 11304 of this title. Not later than 120 days after the charge 
has been filed, the Special Counsel shall decide whether there is 
reasonable cause to believe the charge is true and whether to file a 
complaint about the charge with an administrative law judge.
  (2) On the Special Counsel's own initiative, the Special Counsel may 
investigate an immigration-related unfair employment practice and, 
subject to subsection (c) of this section, file a complaint about the 
practice with an administrative law judge.
  (3) Failure to file a complaint within the 120-day period does not 
prevent the Special Counsel from investigating the charge or filing a 
complaint with an administrative law judge during the 90-day period 
referred to in subsection (b) of this section.
  (b) Private Actions.--Subject to subsection (c) of this section, if a 
charge alleges knowing and intentional discriminatory activity or a 
pattern or practice of discriminatory activity, and the Special Counsel 
does not file a complaint with an administrative law judge within 120 
days after the charge is filed with the Special Counsel under 
subsection (a)(1) of this section, the Special Counsel shall notify the 
person that filed the charge during the 120-day period of the decision 
not to file a complaint. The person may file a complaint directly with 
an administrative law judge not later than 90 days after receiving the 
notice.
  (c) Time Limitation.--A complaint about an immigration-related unfair 
employment practice may not be filed with an administrative law judge 
if the practice occurred more than 180 days before the charge about 
that practice was filed with the Special Counsel. This subsection does 
not prevent subsequently amending a charge or complaint under section 
11306(c)(1) of this title.
  (d) Discrimination Deemed To Have Occurred.--An individual 
intimidated, threatened, coerced, or retaliated against in violation of 
section 11302(a)(2) of this title is deemed to have been discriminated 
against under this section.
Sec. 11306. Hearings on complaints
  (a) Designating Administrative Law Judges.--A hearing on a complaint 
alleging an immigration-related unfair employment practice shall be 
conducted by an administrative law judge who--
          (1) is specially designated by the Attorney General as having 
        special training in employment discrimination; and
          (2) to the extent possible, conducts hearings only on 
        complaints involving immigration-related unfair employment 
        practices under this chapter.
  (b) Notice of Hearings.--When a complaint alleging an immigration-
related unfair employment practice is filed with an administrative law 
judge, the judge shall issue and have served on the person or other 
entity named in the complaint a copy of the complaint and a notice of 
the hearing. The date of the hearing shall be at least 5 days after the 
complaint is served.
  (c) Pleadings, Appearances, and Parties.--(1) On motion of the party 
that filed the complaint, the judge may amend the complaint at any time 
before issuing an order based on the complaint.
  (2) The person or entity named in the complaint may file an answer to 
the original or amended complaint, appear in person or otherwise, and 
present testimony.
  (3) The person that filed the charge with the Special Counsel for 
Immigration-Related Unfair Employment Practices is a party to the 
proceeding before the judge and in any appeal from that proceeding.
  (4) The judge conducting the hearing may allow any other person to 
intervene and to present testimony.
  (d) Transcript and Additional Testimony or Argument.--A transcript 
shall be prepared of the testimony in the hearing. After the transcript 
is prepared, the judge, by notice, may provide for further testimony or 
hear argument.
Sec. 11307. Authority in conducting investigations and hearings
  (a) General.--In conducting an investigation or hearing under this 
chapter--
          (1) the Special Counsel for Immigration-Related Unfair 
        Employment Practices and the administrative law judge 
        conducting the investigation or hearing, under regulations 
        prescribed by the Attorney General, shall have reasonable 
        access to examine evidence of a person or other entity being 
        investigated; and
          (2) the administrative law judge may subpena the attendance 
        of witnesses and the production of evidence at any designated 
        place.
  (b) Judicial Enforcement of Subpenas.--If a person or other entity 
disobeys a subpena issued under subsection (a)(2) of this section, an 
appropriate district court of the United States, on application by the 
administrative law judge, may issue an order to comply with the 
subpena. The court may punish a failure to comply with the order of the 
court as a contempt of court.
Sec. 11308. Orders of administrative law judges
  (a) General.--In a proceeding by an administrative law judge under 
this chapter, the judge shall issue an order and have the order served 
on the parties to the proceeding. The order is final unless a petition 
for review is filed under section 11309 of this title.
  (b) Orders Finding Unfair Practices.--(1) If the administrative law 
judge finds by a preponderance of the evidence that the person or other 
entity named in the complaint has engaged, or is engaging, in an 
immigration-related unfair employment practice, the judge shall state 
findings of fact about the practice and issue and have served on the 
person or entity an order requiring the person to cease and desist from 
the practice.
  (2) The order also may require the person or entity--
          (A) to comply with section 11103 of this title for not more 
        than 3 years;
          (B) to retain for not more than 3 years, and only for use as 
        provided under section 11103(f) of this title, the name and 
        address of each individual applying (whether in person or in 
        writing) for an existing position, or for recruitment or 
        referral for a fee, for employment in the United States;
          (C) to hire an individual directly and adversely affected, 
        with or without back pay;
          (D) to pay to the Federal Government a civil penalty of--
                  (i) at least $250, but not more than $2,000, for each 
                individual discriminated against;
                  (ii) at least $2,000, but not more than $5,000, for 
                each individual discriminated against if the person or 
                entity previously was subject to an order under this 
                subsection;
                  (iii) at least $3,000, but not more than $10,000, for 
                each individual discriminated against if the person or 
                entity previously was subject to more than one order 
                under this subsection; or
                  (iv) at least $100, but not more than $1,000, for 
                each individual discriminated against, for an 
                immigration-related unfair employment practice 
                described in section 11302(b) of this title;
          (E) to post notices to employees about their rights under 
        this chapter and the obligations of employers under chapter 111 
        of this title;
          (F) to educate all personnel involved in hiring or complying 
        with this chapter and chapter 111 of this title about the 
        requirements of this chapter and chapter 111;
          (G) to remove, as appropriate, a false performance review or 
        false warning from an employee's personnel file; and
          (H) to lift, as appropriate, a restriction on an employee's 
        assignments, work shifts, or movements.
  (3) An order of back pay under paragraph (2)(C) of this subsection 
may not require back pay for more than the 2-year period occurring 
before the charge was filed with the Special Counsel for Immigration-
Related Unfair Employment Practices. Back pay otherwise allowable shall 
be reduced by amounts earned, or earnable with reasonable diligence, 
during the period covered by the back pay order. An order may require 
hiring an individual or paying back pay to an individual only if the 
individual was refused employment for discrimination because of 
national origin or citizenship status.
  (4) Under this section, if the person or entity is composed of 
distinct, physically separate subdivisions each of which provides 
separately for the hiring, recruiting, or referring for employment, 
without reference to the practices of, and not under control of or 
common control with, another subdivision, each subdivision is deemed a 
separate person or entity.
  (c) Discrimination Deemed To Have Occurred.--An individual 
intimidated, threatened, coerced, or retaliated against in violation of 
section 11302(a)(2) of this title is deemed to have been discriminated 
against under this section.
  (d) Orders Finding No Unfair Practices.--If the administrative law 
judge finds by a preponderance of the evidence that the person or 
entity named in the complaint has not engaged, and is not engaging, in 
an immigration-related unfair employment practice, the judge shall 
state findings of fact about such a practice not existing and issue an 
order dismissing the complaint.
Sec. 11309. Judicial review of final orders
  (a) General.--A person aggrieved by a final order issued by an 
administrative law judge under section 11308 of this title may file a 
petition for review of the order in the court of appeals for the 
circuit in which the alleged unfair practice occurred or in which the 
employer resides or does business. The petition must be filed within 60 
days after the date the final order is issued.
  (b) Exclusive Jurisdiction.--When the record of the proceedings is 
filed with the court, the court has exclusive jurisdiction to review 
the order.
Sec. 11310. Judicial enforcement of administrative orders
  (a) Civil Actions for Enforcement.--If a petition for review of an 
order of an administrative law judge under section 11308 of this title 
is not filed under section 11309 of this title, the Special Counsel for 
Immigration-Related Unfair Employment Practices or, if the Special 
Counsel does not act, the person that filed the charge with the Special 
Counsel, may bring a civil action to enforce the order. The action must 
be brought in the district court of the United States for the judicial 
district in which a violation of the order is alleged to have occurred 
or in which the person against whom the order is directed resides or 
does business. The order of the administrative law judge may not be 
reviewed in the action.
  (b) Enforcement by Court of Appeals in Original Review.--If the court 
of appeals does not reverse an order of an administrative law judge 
reviewed under section 11309 of this title, the court may issue an 
order enforcing the order of the judge.
Sec. 11311. Attorney fees
  In a proceeding before an administrative law judge under this 
chapter, or in a judicial proceeding for review or enforcement of an 
order of an administrative law judge under section 11308 of this title, 
the prevailing party (except the Federal Government) may be awarded 
reasonable attorney fees if the losing party's argument is without 
reasonable foundation in law and fact.
Sec. 11312. Certain authority not affected
  Except as specifically provided in this chapter, this chapter does 
not affect the authority of the Equal Employment Opportunity Commission 
to investigate allegations of unlawful employment practices.

              SUBTITLE IV--REFUGEE AND IMMIGRANT PROGRAMS

             PART A--ASSISTANCE FOR INDIVIDUALS AND STATES

Chapter                                                             Sec.

REFUGEE ASSISTANCE.................................................13101
INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE...............13301
IMMIGRANT EDUCATION ASSISTANCE.....................................13501
REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND ILLEGAL 
ALIENS.............................................................13701

                          PART B--RESTRICTIONS

RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS.................15101

             PART A--ASSISTANCE FOR INDIVIDUALS AND STATES

                    CHAPTER 131--REFUGEE ASSISTANCE

                  SUBCHAPTER I--RESETTLEMENT ASSISTANCE

Sec.
13101.  Congressional intent.
13102.  Definition.
13103.  Office of Refugee Resettlement.
13104.  Initial resettlement assistance.
13105.  Initial resettlement assistance grants and contracts.
13106.  Project grants and contracts for services.
13107.  Assistance for refugee children.
13108.  Cash and medical assistance.
13109.  Administrative.
13110.  Annual reports.
13111.  Limitations.
13112.  Authorization of appropriations.

                   SUBCHAPTER II--EDUCATION ASSISTANCE

13131.  Definitions.
13132.  Basic educational services grants.
13133.  Supplementary educational services grants.
13134.  Adult education program grants.
13135.  Applications.
13136.  Use of estimated information and consultation with other 
          agencies.
13137.  State administrative costs.
13138.  Withholding payments.
13139.  Authorization of appropriations and allocation of total amount 
          appropriated.

               SUBCHAPTER III--CUBAN AND HAITIAN ENTRANTS

13151.  Definition.
13152.  Presidential authority.
13153.  General assistance.

                 SUBCHAPTER I--RESETTLEMENT ASSISTANCE

Sec. 13101. Congressional intent
  It is the intent of Congress that in providing refugee assistance 
under this subchapter--
          (1) employable refugees should be placed in jobs as soon as 
        possible after the refugees arrive in the United States;
          (2) social service expenditures should be focused on 
        employment-related services, instruction in English-as-a-
        second-language (in non-work hours when possible), and case-
        management services; and
          (3) local voluntary organization activities should be carried 
        out in close cooperation and advance consultation with state 
        and local governments.
Sec. 13102. Definition
  In this subchapter, ``refugee'' includes a spouse or child described 
in section 5105(c) of this title.
Sec. 13103. Office of Refugee Resettlement
  (a) Office of Refugee Resettlement.--The Office of Refugee 
Resettlement is an Office in the Department of Health and Human 
Services.
  (b) Director.--The head of the Office is a Director appointed by the 
Secretary of Health and Human Services.
  (c) Authority of the Director.--In consultation with the Secretary of 
State, the Director shall carry out this subchapter (directly or 
through arrangements with other federal departments, agencies, or 
instrumentalities) except--
          (1) that the Secretaries of Education, Health and Human 
        Services, and State and the Attorney General may prescribe 
        regulations that each Secretary or the Attorney General 
        considers appropriate to carry out this subchapter; and
          (2) as otherwise provided in this subchapter.
Sec. 13104. Initial resettlement assistance
  (a) Education and Training.--The Director of the Office of Refugee 
Resettlement may develop programs of orientation, instruction in 
English, job training, and other education and training of refugees 
that will assistin their resettlement in the United States. The 
programs may be carried out by--
          (1) the Director consistent with this subchapter, for 
        refugees in the United States; and
          (2) the Secretary of State, for refugees waiting to enter the 
        United States.
  (b) Temporary Care.--The Secretary of Health and Human Services may 
make arrangements (including cooperative arrangements with other 
federal departments, agencies, or instrumentalities) for the temporary 
care of refugees in the United States in emergency circumstances, 
including establishing necessary processing centers. The Secretary may 
carry out this subsection without regard to provisions of law (except 
section 13111(b) of this title) on making, carrying out, and modifying 
contracts and on Government expenditures.
  (c) Health Activities.--(1) The Secretary of Health and Human 
Services shall--
          (A) ensure that an adequate number of trained personnel are 
        available at a location at which refugees enter the United 
        States so that all necessary medical records are available and 
        in order;
          (B) provide for identifying refugees with medical conditions 
        affecting the public health and requiring treatment;
          (C) ensure that state and local health officials at a 
        resettlement destination in the United States are notified 
        promptly of the arrival of each refugee and are provided with 
        all applicable medical records; and
          (D) provide for monitoring refugees referred to in clause (B) 
        of this paragraph to ensure that the refugees receive 
        appropriate and timely treatment.
  (2) The Secretary of Health and Human Services shall monitor and 
assess the quality of medical screening and related health services 
provided to refugees waiting to be resettled in the United States.
Sec. 13105. Initial resettlement assistance grants and contracts
  (a) General Authority.--(1) The Director of the Office of Refugee 
Resettlement (or other officer if the President decides the Director 
should not administer this subsection) may make grants to, and 
contracts with, public agencies and private nonprofit organizations for 
the initial resettlement (including the initial reception and placement 
with sponsors) of refugees in the United States. A grant to, or 
contract with, a private nonprofit voluntary organization shall be 
consistent with the objectives of this subchapter, considering the 
different resettlement approaches and practices of that organization. 
Assistance under this subsection shall be provided in coordination with 
other assistance provided under this subchapter. The Federal 
administering agency shall use the criteria described in subsection (c) 
of this section in awarding or renewing a grant or contract under this 
section.
  (2) An amount provided to an agency or organization under a grant or 
contract may be obligated or expended only during the fiscal year in 
which the amount is provided, or a subsequent fiscal period approved by 
the administering agency or officer making the contract, to carry out 
this section.
  (b) Requirements.--(1) Each grant to, and contract with, an agency or 
organization under subsection (a) of this section shall require that 
the agency or organization--
          (A) provide quarterly performance and financial status 
        reports to the administering agency;
          (B) provide notice either directly or through its local 
        affiliate--
                  (i) to the appropriate local welfare office when the 
                agency or organization receiving the grant or contract 
                becomes aware that a refugee is offered employment; and
                  (ii) to the refugee that notice to the local welfare 
                office has been given;
          (C) when requested by a local welfare office to which a 
        refugee has applied for cash assistance, provide documentation 
        to that office about cash or other resources provided directly 
        by the agency or organization receiving the grant or contract 
        to the refugee under this section and section 13104 of this 
        title;
          (D) ensure that, in the case of a refugee that the agency or 
        organization receiving the grant or contract knows has been 
        identified under section 13104(c)(1)(B) of this title as having 
        a medical condition affecting the public health and requiring 
        treatment, the refugee reports to the appropriate health agency 
        when the refugee resettles in an area;
          (E) fulfill its responsibility to provide for the basic needs 
        (including food, clothing, shelter, and transportation for job 
        interviews and training) of each refugee resettled, to develop 
        and carry out a resettlement plan (including the early 
        employment of each refugee resettled), and to monitor how the 
        plan is being carried out; and
          (F) submit to the administering agency an annual report on--
                  (i) the number of refugees placed (by county of 
                placement) and the expenditures made during the year 
                covered by the report under the grant or contract, 
                including the proportion of the expenditures used for 
                administrative purposes and for providing services;
                  (ii) the proportion of refugees that the agency or 
                organization receiving the grant or contract has placed 
                in the prior year who are receiving cash or medical 
                assistance described in section 13108 of this title;
                  (iii) the efforts made by the agency or organization 
                receiving the grant or contract to monitor placement of 
                refugees and the activities of local affiliates of the 
                agency or organization;
                  (iv) the extent to which the agency or organization 
                receiving the grant or contract has coordinated its 
                activities with local social service providers in a way 
                that avoids duplication of activities, has provided 
                notice to the local welfare offices as required under 
                clause (B)(i) of this paragraph, and has reported 
                medical conditions of certain aliens to local health 
                departments as required under clause (D) of this 
                paragraph; and
                  (v) other information the administering agency 
                considers is appropriate in monitoring the 
                effectiveness of the agency or organization receiving 
                the grant or contract in carrying out its functions 
                under the grant or contract.
  (2) The administering agency shall submit promptly to the Committees 
on the Judiciary of the House of Representatives and the Senate a copy 
of each report submitted under paragraph (1)(F) of this subsection.
  (3) Paragraph (1) (A), (C), and (F) of this subsection applies to a 
grant or contract made or renewed after December 5, 1986. Paragraph 
(1)(E) of this subsection applies to a grant or contract made or 
renewed after May 5, 1987.
  (c) Performance Criteria.--The administering agency shall prescribe 
criteria for the performance of each agency or organization in 
connection with a grant or contract under subsection (a) of this 
section. The prescribed criteria shall include criteria related to that 
agency's or organization's--
          (1) efforts to reduce welfare dependency among refugees 
        resettled by the agency or organization;
          (2) collection of travel loans made to refugees resettled by 
        the agency or organization for travel to the United States;
          (3) arrangements for effective local sponsorship and other 
        nonpublic assistance for refugees resettled by the agency or 
        organization;
          (4) cooperation with refugee mutual assistance associations, 
        local social service providers, health agencies, and welfare 
        offices;
          (5) compliance with guidelines established by the Director 
        for placing and resettling refugees in the United States; and
          (6) compliance with other requirements contained in the grant 
        or contract, including requirements under subsection (b) of 
        this section.
  (d) Medical Screening and Initial Medical Treatment.--The Director 
may make a grant to, or contract with, a state or local health agency 
for payments to meet the agency's costs of providing medical screening 
and initial medical treatment to refugees.
Sec. 13106. Project grants and contracts for services
  (a) Service Projects.--(1) The Director of the Office of Refugee 
Resettlement may make grants to, and contracts with, public agencies 
and private nonprofit organizations for projects specifically 
designed--
          (A) to assist refugees in obtaining skills necessary for 
        economic self-sufficiency, including projects for job training, 
        employment services, day care, and professional refresher 
        training and other recertification services;
          (B) to provide instruction in English when necessary even 
        when refugees are employed or are receiving assistance; and
          (C) to provide health (including mental health) services, 
        social services, and educational and other services when 
        specific needs have been shown and recognized by the Director.
  (2) Amounts available in a fiscal year for grants and contracts under 
this subsection shall be allocated among the States based on the total 
number of refugees who--
          (A) arrived in the United States within the 36 months before 
        the beginning of the fiscal year; and
          (B) actually are residing in each State (taking into account 
        secondary migration) at the beginning of the fiscal year.
  (3) A limitation that the Director establishes on that part of 
amounts allocated to a State under this subsection that the State may 
use for services (except those services described in section 13101(2) 
of this title) does not apply if the Director--
          (A) receives a plan that has been established by or with the 
        consultation of political subdivisions; and
          (B) decides that the plan provides for the maximum 
        appropriate employment services for, and the maximum placement 
        of, employable refugees consistent with the performance 
        standards established under section 106 of the Job Training 
        Partnership Act (29 U.S.C. 1516).
  (b) Targeted Assistance Project Grants.--(1) The Director may make a 
grant to a State for assistance to a political subdivision in the State 
that has a demonstrated specific need for additional available 
resources for providing services to refugees because of factors such 
as--
          (A) an unusually large refugee population (including 
        secondary migration);
          (B) high refugee concentrations; and
          (C) high use of public assistance by refugees.
  (2) The Director shall make a grant under this subsection--
          (A) primarily to facilitate refugee employment and self-
        sufficiency; and
          (B) in a way that does not supplant amounts available under 
        other refugee programs and ensures that at least 95 percent of 
        the amount of the grant is made available to the political 
        subdivision.
  (c) Maintaining Level of Matching Grant Program.--To the extent of 
available appropriations, the Director may not--
          (1) reduce the maximum average contribution level of the 
        Federal Government for each refugee in the voluntary agency 
        program, known as the matching grant program and financed under 
        subsection (a) of this section, below the level in effect under 
        the program for grants in the fiscal year that ended September 
        30, 1985; or
          (2) increase the percentage grantee matching requirement 
        under the program above the percentage in effect under the 
        program for grants in the fiscal year that ended September 30, 
        1985.
Sec. 13107. Assistance for refugee children
  (a) Special Educational Services.--Where a need is shown, the 
Secretary of Education may make grants and contracts for projects to 
provide special educational services (including instruction in English) 
to refugee children in elementary and secondary schools.
  (b) Child Welfare Services.--The Director of the Office of Refugee 
Resettlement may provide assistance, reimburse States, and make grants 
to, and contracts with, public agencies and private nonprofit 
organizations to provide child welfare services (including foster care 
maintenance payments and services and health care) to a refugee child 
during the 36-month period that begins with the first month the child 
is in the United States. If a refugee child is unaccompanied by a 
parent or other close adult relative (as defined by the Director), 
those services may be provided until the month after the child becomes 
18 years of age (or a later age prescribed in the State's child welfare 
services plan under part B of title IV of the Social Security Act (42 
U.S.C. 620 et seq.) for the availability of those services to another 
child in the State).
  (c) Placing Unaccompanied Children.--(1) The Director shall try to 
arrange, under the laws of the States, to place an unaccompanied 
refugee child referred to in subsection (b) of this section who has 
been accepted for admission to the United States. The Director shall 
make the arrangements before or as soon as possible after the child 
arrives in the United States. If necessary, the Director shall assume 
legal and financial responsibility for the child during the period 
before the child is placed when the child is in the United States or is 
in transit to the United States. The Director may make necessary 
decisions to provide for the child's immediate care.
  (2) In carrying out this subsection, the Director may make contracts 
with appropriate public agencies and private nonprofit organizations 
under conditions the Director considers appropriate.
  (3) The Director shall maintain a list of--
          (A) all unaccompanied refugee children who have entered the 
        United States after April 1, 1975;
          (B) the name and last known residence of each living parent 
        of each of those children at the child's time of arrival; and
          (C) the locations, status, and progress of the children.
Sec. 13108. Cash and medical assistance
  (a) General Authority.--The Director of the Office of Refugee 
Resettlement may provide assistance, reimburse States, and make grants 
to, and contracts with, public agencies and private nonprofit 
organizations for 100 percent of the cash and medical assistance 
provided to a refugee during the 36-month period that begins with the 
first month the refugee enters the United States. The Director also may 
pay for the identifiable and reasonable administrative costs of 
providing the assistance.
  (b) Conditions and Limitation.--(1) Except for good cause shown, cash 
assistance may be provided to an employable refugee under this section 
only if the refugee--
          (A) registers with an appropriate entity providing employment 
        services described in section 13106(a)(1)(A) of this title, or, 
        if such an entity is not available, with an appropriate state 
        or local employment service;
          (B) participates in an available and appropriate service or 
        targeted assistance project grant financed under section 13106 
        of this title providing job or language training in the area in 
        which the refugee resides; and
          (C) accepts an appropriate offer of employment.
  (2)(A) Cash assistance provided under this section shall be suspended 
for any alien entering the United States as a refugee after March 31, 
1987, who refuses--
          (i) an offer of employment that the public agency or private 
        nonprofit organization providing initial resettlement 
        assistance under section 13105(a) of this title or the 
        appropriate state or local employment service decides is 
        appropriate;
          (ii) to go to a job interview that has been arranged through 
        the agency, organization, or employment service; or
          (iii) to participate in a service or targeted assistance 
        project grant referred to in paragraph (1)(B) of this 
        subsection that the agency, organization, or employment service 
        decides is available and appropriate.
  (B) The assistance shall be suspended for 3 months for the first 
refusal and for 6 months for any subsequent refusal. The refugee shall 
be given an opportunity for a hearing before cash assistance is 
suspended.
  (3) A refugee who is a full-time student in an institution of higher 
education, as defined by the Director after consultation with the 
Secretary of Education, may not receive cash assistance.
  (c) Instruction and Training for Refugees Receiving Assistance.--The 
Director shall develop plans to provide instruction in English and 
other appropriate services and training to a refugee receiving cash 
assistance.
  (d) Limitation on Use of Amounts.--If a refugee is eligible for aid 
or assistance under a state program financed under part A of title IV 
or under title XIX of the Social Security Act (42 U.S.C. 601 et seq., 
1396 et seq.) or for supplemental security income benefits (including 
state supplementary payments) under the program established under title 
XVI of that Act (42 U.S.C. 1381 et seq.), amounts to carry out this 
section may be used only to pay the part of the aid or assistance not 
paid by the Federal Government under part A of title IV or under title 
XIX for cash and medical assistance provided the refugee, and for state 
supplementary payments.
  (e) Medical Assistance for Refugees Otherwise Ineligible.--During the 
one-year period after a refugee enters the United States, the Director 
may authorize medical assistance of the kind provided under subsection 
(a) of this section to a refugee if--
          (1) the refugee does not qualify for assistance under a state 
        plan approved under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) because of financial resources or income 
        requirements of the plan; and
          (2) the Director decides that--
                  (A) providing the medical services will encourage 
                economic self-sufficiency or avoid a significant burden 
                on state and local governments; and
                  (B) the refugee meets alternative financial resources 
                and income requirements the Director establishes.
  (f) Alternative Assistance Projects.--(1) The Secretary of Health and 
Human Services shall develop and carry out alternative projects for 
refugees who have been in the United States less than 36 months. The 
projects shall provide refugees with interim support, medical services, 
support services, and case-management services, as needed, in a way 
that encourages self-sufficiency, reduces welfare dependency, and 
fosters greater coordination among public agencies and private 
nonprofit organizations providing resettlement assistance and service 
providers. The Secretary may provide an alternative project to cover a 
specific group of refugees who have been in the United States at least 
36 months if the Secretary decides that--
          (A) refugees in the group have been significantly and 
        disproportionately dependent on welfare;
          (B) those refugees need the services provided under the 
        project to become self-sufficient; and
          (C) including those refugees under the project would be cost-
        effective.
  (2) A refugee in an alternative project may not receive cash or 
medical assistance under another subsection of this section or under 
part A of title IV or under title XIX of the Social Security Act (42 
U.S.C. 601 et seq., 1396 et seq.).
  (3) Amounts authorized to be appropriated under section 13112 of this 
title or part A of title IV or title XIX of the Social Security Act (42 
U.S.C. 601 et seq., 1396 et seq.) may be used to carry out and evaluate 
alternative projects under this subsection, to the extent the use of 
those amounts is consistent with the purposes for which amounts are 
authorized to be appropriated.
  (g) Notification of Application by Refugee for Assistance.--As a 
condition for an entity receiving assistance, reimbursement, or a 
contract under this section, the entity must ensure that when a refugee 
applies for cash or medical assistance for which assistance or 
reimbursement is provided under this section, the entity will notify 
promptly the public agency or private nonprofit organization (or local 
affiliate of the organization) that provided for the initial 
resettlement of the refugee under section 13105(a) of this title that 
the refugee has applied for the assistance.
Sec. 13109. Administrative
  (a) Authority of the Director.--In providing assistance under this 
subchapter, the Director of the Office of Refugee Resettlement, to the 
extent of available appropriations--
          (1) shall make available sufficient resources for employment 
        training and placement to permit refugees to achieve economic 
        self-sufficiency as soon as possible;
          (2) shall provide refugees with the opportunity to acquire 
        sufficient instruction in English to enable them to become 
        resettled effectively as quickly as possible;
          (3) shall ensure that cash assistance is made available to 
        refugees as provided under section 13108(b) of this title in a 
        way that will not discourage economic self-sufficiency;
          (4) shall ensure that women have the same opportunities as 
        men to participate in training and instruction;
          (5) shall make a periodic assessment, based on refugee 
        population and other relevant factors, of the relative needs of 
        refugees for assistance and services under this subchapter and 
        the resources available to meet those needs;
          (6) in allocating resources, shall avoid duplicating services 
        and provide for maximum coordination among public agencies and 
        private nonprofit organizations providing related services; and
          (7) shall compile and maintain information on--
                  (A) the secondary migration of refugees in the United 
                States; and
                  (B) the proportion of refugees, by State of residence 
                and nationality, receiving cash or medical assistance 
                described in section 13108 of this title.
  (b) Limitation on Delegation.--The Director may not delegate to a 
state government or political subdivision authority to review or 
approve a grant or contract under this subchapter or the terms under 
which a grant or contract is made.
  (c) Nondiscrimination.--Assistance and services under this subchapter 
shall be provided to refugees without regard to race, religion, 
nationality, sex, or political opinion.
  (d) Consultation with State and Local Governments and 
Organizations.--(1) The Director and the Federal administering agency 
under section 13105(a) of this title shall consult at least quarterly 
with state governments, political subdivisions, and private nonprofit 
voluntary organizations on the sponsorship process and the intended 
distribution of refugees among the States and political subdivisions 
before placing refugees in each of the States and political 
subdivisions.
  (2) In consultation with representatives of private nonprofit 
voluntary organizations, state governments, and political subdivisions, 
the Director shall develop and carry out policies and strategies for 
placing and resettling refugees in the United States. To the extent 
practicable and except under unusual circumstances the Director may 
recognize, the policies and strategies shall--
          (A) ensure that a refugee is not placed or resettled 
        initially in an area highly impacted (as decided under 
        regulations prescribed by the Director after consultation with 
        private nonprofit voluntary organizations, state governments, 
        and political subdivisions) by the presence of refugees or 
        comparable populations unless the refugee has a spouse, parent, 
        sibling, or child residing in that area;
          (B) provide for a mechanism for representatives of local 
        affiliates of private nonprofit voluntary organizations to meet 
        at least quarterly with representatives of state governments 
        and political subdivisions to plan and coordinate, in advance 
        of the arrival of the refugees, the appropriate placement of 
        the refugees among the States and political subdivisions; and
          (C) consider--
                  (i) the proportion of refugees and comparable 
                entrants in the population in the area;
                  (ii) the availability of employment opportunities, 
                affordable housing, and public and private resources 
                for refugees in the area, including educational, health 
                care, and mental health services;
                  (iii) the likelihood of refugees placed in the area 
                becoming self-sufficient and free from long-term 
                dependence on public assistance; and
                  (iv) the secondary migration of refugees to and from 
                the area that is likely to occur.
  (3) To the maximum extent possible and consistent with the policies 
and strategies developed under paragraph (2) of this subsection, the 
Federal administering agency under section 13105(a) of this title shall 
consider the recommendations of the State in deciding where to place 
refugees in that State.
  (4) In providing assistance to refugees, a state government or 
political subdivision shall consider the recommendations of, and 
assistance provided by, a public agency or private nonprofit 
organization receiving a grant or contract under section 13105(a) of 
this title.
  (e) Requirements for Grants and Contracts.--A grant or contract may 
be made under this subchapter only when an appropriate proposal and 
application (that includes a description of the ability of a public 
agency or private nonprofit organization to provide the services 
specified in the proposal) are submitted to and approved by the 
appropriate administering official. A grant shall be made to, or a 
contract shall be made with, a public agency or private nonprofit 
organization that the administering official decides can best provide 
the services. Payment under the grant or contract may be made in 
advance or by reimbursement.
  (f) State Requirements.--To receive assistance under this subchapter, 
a State--
          (1) must submit to the Director a plan that--
                  (A) describes how the State plans to encourage 
                effective refugee resettlement and to promote economic 
                self-sufficiency as quickly as possible;
                  (B) describes how the State will ensure that 
                instruction in English and employment services are made 
                available to refugees receiving cash assistance;
                  (C) provides for the designation of a state officer 
                or employee to be responsible for ensuring coordination 
                of public and private resources in refugee 
                resettlement;
                  (D) provides for the care and supervision of, and 
                legal responsibility for, unaccompanied refugee 
                children in the State; and
                  (E) provides for identifying refugees who at the time 
                of resettlement in the State have medical conditions 
                requiring, or medical histories indicating a need for, 
                treatment or observation and provides necessary 
                monitoring of the treatment or observation;
          (2) must meet standards, goals, and priorities developed by 
        the Director that--
                  (A) ensure effective resettlement of refugees;
                  (B) promote economic self-sufficiency of refugees as 
                quickly as possible; and
                  (C) provide that services are provided efficiently; 
                and
          (3) within a reasonable time after the end of each fiscal 
        year, must submit to the Director a report on the uses of 
        amounts provided under this subchapter for which the State is 
        responsible for administering.
  (g) Authority To Make Loans and Accept Gifts.--In carrying out this 
subchapter, each appropriate administering official may--
          (1) make loans; and
          (2) accept and use money, property, and services made 
        available by gift, devise, bequest, grant, or otherwise to 
        carry out this subchapter.
  (h) System To Monitor Assistance.--The Secretary of Health and Human 
Services, together with the Secretary of State in carrying out sections 
13104 and 13105 of this title, shall maintain a system of monitoring 
assistance provided under this subchapter. The system shall include--
          (1) evaluations of the effectiveness of the programs and 
        projects carried out under this subchapter and the performance 
        of States, grantees, and contractors;
          (2) financial audits and other appropriate monitoring to 
        detect fraud, abuse, and mismanagement in operating the 
        programs and projects; and
          (3) information collection on services provided and results 
        achieved.
  (i) Information Provided by Refugees.--The Attorney General shall 
provide the Director with information provided by refugees with their 
applications for adjustment of status. The Director shall compile, 
summarize, and evaluate the information.
Sec. 13110. Annual reports
  The Secretary of Health and Human Services shall submit a report to 
the Committees on the Judiciary of the House of Representatives and the 
Senate not later than each January 31 on activities under this 
subchapter for the prior fiscal year. Each report shall include--
          (1) a current profile of the employment and labor force 
        statistics for refugees who entered the United States under 
        this title--
                  (A) during the 5 fiscal years immediately before the 
                fiscal year in which the report is submitted; and
                  (B) before that 5-year period and who have been 
                significantly and disproportionately dependent on 
                welfare;
          (2) a description of the extent to which refugees received 
        each kind of assistance and service under this subchapter 
        during the 5 fiscal years immediately before the fiscal year in 
        which the report is submitted;
          (3) a description of the geographic locations of refugees;
          (4) a summary of the results of the monitoring conducted 
        under section 13109(h) of this title for the fiscal year;
          (5) a description of--
                  (A) the activities, expenditures, and policies of the 
                Office of Refugee Resettlement under this subchapter;
                  (B) the activities of States, voluntary 
                organizations, and sponsors of refugees under this 
                subchapter; and
                  (C) plans of the Director of the Office of Refugee 
                Resettlement for improving refugee resettlement;
          (6) evaluations of the extent to which--
                  (A) services provided under this subchapter are 
                assisting refugees in achieving economic self-
                sufficiency, ability in English, and employment 
                commensurate with their skills and abilities; and
                  (B) fraud, abuse, and mismanagement have been 
                reported in providing assistance or services;
          (7) a description of the assistance provided under section 
        13108(e) of this title;
          (8) a summary of the locations and status of unaccompanied 
        refugee children admitted to the United States; and
          (9) a summary of the information compiled and evaluated under 
        section 13109(i) of this title.
Sec. 13111. Limitations
  (a) Consolidated Grants Prohibited.--Amounts made available to a 
State or political subdivision to carry out this subchapter (except 
section 13105(a) of this title) may not be in the form of a block 
grant, per capita grant, or similar consolidated grant. Amounts shall 
be made available under separate grants or contracts for--
          (1) medical screening and initial medical treatment for 
        refugees under section 13105(d) of this title;
          (2) service projects for refugees under section 13106(a) of 
        this title;
          (3) targeted assistance project grants under section 13106(b) 
        of this title; and
          (4) assistance for refugee children under section 13107(b) 
        and (c) of this title.
  (b) Contracts.--A contract made under this subchapter is effective 
only to the extent and in the amount provided in advance by an 
appropriation law.
Sec. 13112. Authorization of appropriations
  Amounts necessary to carry out this subchapter and section 13701 of 
this title may be appropriated for the fiscal year ending September 30, 
1997.

                  SUBCHAPTER II--EDUCATION ASSISTANCE

Sec. 13131. Definitions
  In this subchapter--
          (1) ``elementary school'', ``local educational agency'', 
        ``secondary school'', ``State'', and ``state educational 
        agency'' have the same meanings given those terms in section 
        14101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).
          (2) ``elementary or secondary nonpublic school'' means a 
        school--
                  (A) complying with the compulsory education laws of 
                the State in which it is located; and
                  (B) exempt from taxation under section 501(c)(3) of 
                the Internal Revenue Code of 1986 (26 U.S.C. 
                501(c)(3)).
          (3) ``eligible participant'' means an alien--
                  (A) during the 36-month period that begins with the 
                first month the alien entered the United States, who--
                          (i) has been admitted to the United States as 
                        a refugee under section 5105 of this title;
                          (ii) has been paroled into the United States 
                        as a refugee under section 6121 of this title; 
                        or
                          (iii) has fled from the alien's country of 
                        origin and, under an executive order, has been 
                        allowed to enter and remain in the United 
                        States indefinitely for humanitarian reasons;
                  (B) during the 36-month period that begins with the 
                month the alien began applying for asylum, who is 
                applying for, or has been granted, asylum in the United 
                States; or
                  (C) during the 36-month period that begins with the 
                first month the alien entered the United States as a 
                Cuban-Haitian entrant or otherwise became a Cuban-
                Haitian entrant, who entered the United States after 
                October 31, 1979, and is in the United States 
                classified as a Cuban-Haitian entrant.
Sec. 13132. Basic educational services grants
  (a) Grants.--The Secretary of Education shall make a grant to each 
state educational agency for each fiscal year to assist local 
educational agencies of the State in providing basic educational 
services for eligible participants enrolled in the elementary and 
secondary public schools under the jurisdiction of the local 
educational agencies of the State. The state educational agency may use 
the grant only as provided in its application approved under section 
13135(b) of this title.
  (b) Applications.--To receive a grant under this section, the state 
educational agency must submit an application to the Secretary. In the 
application, the state educational agency must--
          (1) agree that payments under the grant will be used as 
        provided in subsection (a) of this section;
          (2) agree to ensure that those payments will be allocated 
        among the local educational agencies in the State using the 
        same formula and reductions for the local educational agencies 
        as the Secretary is required to use in making allocations to 
        state educational agencies under subsection (d) of this 
        section;
          (3) specify the amounts referred to in subsection (d) of this 
        section that are made available under other laws of the United 
        States for expenditure in the State for the same purpose for 
        which an amount is made available under this section and the 
        local educational agencies to which those amounts are 
        available; and
          (4) comply with section 13135(a) of this title.
  (c) Prescribing Grant Formula.--As soon as possible, the Secretary 
shall prescribe a formula to be used in determining the amount of the 
grant to which each state educational agency (except the agencies for 
American Samoa, Guam, the Northern Mariana Islands, the Republic of 
Palau, the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Virgin Islands) is entitled under this section for 
a fiscal year. The formula shall be based on the full amount authorized 
under section 13139(b) of this title. In prescribing the formula, the 
Secretary--
          (1) shall consider--
                  (A) the number of years each eligible participant 
                assisted under this section has resided in the United 
                States; and
                  (B) the relative costs, by grade level, of educating 
                elementary and secondary school children; and
          (2) shall provide that amounts be allocated without regard to 
        differences in educational costs among different geographical 
        areas.
  (d) Allocations.--The Secretary shall allocate the amount 
appropriated to carry out this section for a fiscal year among the 
state educational agencies (except the agencies for American Samoa, 
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Virgin Islands). Except as provided in section 13136 of this title, the 
amount of the grant to which an agency is entitled under this section 
for a fiscal year is equal to the amount allocated to it under the 
formula, reduced by the amounts available for that fiscal year under 
other laws of the United States for expenditure in the State for the 
same purpose for which an amount is made available under this section. 
However, the reduction shall be made only to the extent the amounts are 
available under the other laws--
          (1) for that purpose specifically because the individuals 
        served by the amounts have refugee, parolee, or asylum status; 
        and
          (2) to assist individuals eligible for services under this 
        section.
  (e) Grant Amounts for Territories and Possessions.--The amounts of 
the grants to which the state educational agencies of American Samoa, 
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Virgin Islands are entitled under this section are the amounts the 
Secretary determines they need based on criteria the Secretary 
prescribes. The total amount of those grants for a period may not be 
more than one percent of the amount authorized to be appropriated to 
carry out this section during the period. If the total of the amounts 
the Secretary determines those agencies need is more than one percent, 
the amount of the grant to each of those agencies is reduced 
proportionately so that the total is not more than one percent.
Sec. 13133. Supplementary educational services grants
  (a) Definitions.--In this section--
          (1) ``enrolled eligible participant in the State'' means an 
        eligible participant enrolled in an elementary or secondary 
        public school under the jurisdiction of a qualified local 
        educational agency in the State or in an elementary or 
        secondary nonpublic school in the district served by a 
        qualified local educational agency in the State.
          (2) ``qualified local educational agency'' means a local 
        educational agency that during the fiscal year for which a 
        grant is to be made under this section, has enrolled in the 
        elementary and secondary public schools under its jurisdiction 
        and in the elementary and secondary nonpublic schools in the 
        district it serves a number of eligible participants receiving 
        supplementary educational services during the fiscal year at 
        least equal to the lesser of--
                  (A) 500; or
                  (B) 5 percent of the total number of students 
                enrolled in those public or nonpublic schools during 
                that fiscal year.
  (b) General Authority.--(1) The Secretary of Education shall make a 
grant, as provided in this subchapter, to each state educational agency 
for each fiscal year to provide supplementary educational services for 
enrolled eligible participants in the State. Those services include--
          (A) services necessary to enable eligible participants to 
        perform satisfactorily, including--
                  (i) instruction in English;
                  (ii) other bilingual educational services; and
                  (iii) special materials and supplies;
          (B) additional basic instructional services directly 
        attributable to the presence of eligible participants in the 
        school districts, including--
                  (i) additional classroom supplies;
                  (ii) overhead;
                  (iii) construction;
                  (iv) acquiring or renting space; and
                  (v) transportation; and
          (C) special inservice training of personnel who will provide 
        the instructional services described in clauses (A) and (B) of 
        this paragraph.
  (2) The state educational agency may use the grant only as provided 
in its application as approved under section 13135(b) of this title.
  (c) Applications.--To receive a grant under this section, a state 
educational agency must submit an application to the Secretary. In the 
application, the state educational agency must--
          (1) agree to administer, or supervise the administration of, 
        the educational programs, services, and activities paid for 
        under this section;
          (2) agree to ensure that payments under the grant will be 
        used as provided in subsection (b) of this section;
          (3) agree to ensure that those payments will be allocated 
        among the local educational agencies in the State using the 
        same formula and reductions for the local educational agencies 
        as the Secretary is required to use in making allocations to 
        state educational agencies under subsection (d) of this 
        section;
          (4) specify the amounts referred to in subsection (d)(2) of 
        this section that are made available under other laws of the 
        United States to agencies or other entities for educational or 
        education-related services or activities in the State because 
        of a significant concentration of eligible participants and the 
        local educational agencies that have jurisdiction over 
        elementary and secondary public schools, or that serve 
        elementary and secondary nonpublic schools, in which are 
        enrolled eligible participants who receive services paid for by 
        those amounts;
          (5) agree to ensure the Secretary that--
                  (A) to the extent consistent with the number of 
                eligible participants enrolled in elementary and 
                secondary nonpublic schools in the district served by a 
                local educational agency, the local educational agency, 
                after consulting with the appropriate officials of the 
                schools, will provide secular, neutral, and 
                nonideological materials, equipment, and services 
                necessary to educate those eligible participants;
                  (B) a public agency will--
                          (i) administer the amounts provided under 
                        this section for the materials, equipment, and 
                        services referred to in subclause (A) of this 
                        clause; and
                          (ii) own and administer property that is 
                        repaired, remodeled, or constructed with those 
                        amounts;
                  (C) those amounts will not be commingled with state 
                or local money; and
                  (D) a public agency will provide to each of those 
                elementary or secondary nonpublic schools the services 
                referred to in subclause (A) of this clause through--
                          (i) officers and employees under the control 
                        of the agency; or
                          (ii) a contract with a person or agency that 
                        is under the control of the public agency and, 
                        when providing the services, is independent of 
                        the school and of any religious organization; 
                        and
          (6) comply with section 13135(a) of this title.
  (d) Allocations.--(1) The Secretary shall allocate the amount 
appropriated to carry out this section for a fiscal year among the 
state educational agencies (except the agencies for American Samoa, 
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Virgin Islands). Except as provided in this section and section 13136 
of this title, the amount of the grant to which an agency is entitled 
under this section for a fiscal year is equal to the sum of--
          (A) the product of--
                  (i) the number of aliens who are enrolled eligible 
                participants in the State, during the period for which 
                the determination of that number is made, and who have 
                been eligible participants less than one year; 
                multiplied by
                  (ii) $700;
          (B) the product of--
                  (i) the number of aliens who are enrolled eligible 
                participants in the State, during the period for which 
                the determination is made, and who have been eligible 
                participants at least one year but not more than 2 
                years; multiplied by
                  (ii) $500; and
          (C) the product of--
                  (i) the number of aliens who are enrolled eligible 
                participants in the State, during the period for which 
                the determination is made, and who have been eligible 
                participants more than 2 years but not more than 3 
                years; multiplied by
                  (ii) $300.
  (2) If amounts are available for a fiscal year under other laws of 
the United States to agencies or other entities for educational or 
education-related services or activities in the State because of a 
significant concentration of eligible participants, the amount of the 
grant under paragraph (1) of this subsection for that fiscal year is 
reduced by those amounts.
  (e) Reallocation of Unused Amounts.--When the Secretary determines 
that a part of a payment made to a state educational agency under this 
section for a fiscal year will not be used by the agency to carry out 
the purpose for which the payment was made, the Secretary shall make 
that part available to another state educational agency to the extent 
the Secretary decides the other agency can use the additional amount to 
carry out the purpose. An amount made available under this subsection 
to a state educational agency from an appropriation for a fiscal year 
is deemed in this section to be a part of the grant (as determined 
under subsection (d) of this section) to that agency for that fiscal 
year, and remains available until the end of the next fiscal year.
  (f) Grant Amounts for Territories and Possessions.--The amounts of 
the grants to which the state educational agencies of American Samoa, 
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Virgin Islands are entitled under this section are the amounts the 
Secretary determines they need based on criteria the Secretary 
prescribes. The total amount of those grants for a period may not be 
more than one percent of the amount authorized to be appropriated to 
carry out this section during the period. If the total of the amounts 
the Secretary determines those agencies need is more than one percent, 
the amount of the grant to each of those agencies is reduced 
proportionately so that the total is not more than one percent.
  (g) Providing Assistance to Nonpublic Schools When State Does Not.--
If a State is prohibited by law from providing materials, equipment, 
and services for children enrolled in elementary and secondary 
nonpublic schools as required by subsection (c)(5) of this section, or 
if the Secretary decides that a local educational agency has failed 
substantially to or will not provide for the participation on an 
equitable basis of eligible participants enrolled in those schools, the 
Secretary--
          (1) may waive the requirements of subsection (c)(5) of this 
        section; and
          (2) subject to the other requirements of this subchapter, 
        shall arrange that materials, equipment, and services be 
        provided for those eligible participants.
Sec. 13134. Adult education program grants
  (a) General Authority.--(1) The Secretary of Education shall make a 
grant, as provided in this subchapter, to each state educational agency 
for each fiscal year to be used to provide adult education programs to 
eligible participants at least 16 years of age in need of the services 
and not enrolled in an elementary or secondary public school under the 
jurisdiction of a local educational agency. The grant may be used for--
          (A) programs of instruction--
                  (i) to teach the eligible participants basic reading 
                and mathematics;
                  (ii) to develop and enhance skills needed by the 
                eligible participants; and
                  (iii) to promote literacy among the eligible 
                participants;
          (B) administrative costs of planning and operating the 
        programs referred to in clause (A) of this paragraph;
          (C) educational support services needed by the eligible 
        participants, including services to guide and counsel the 
        eligible participants about educational, career, and employment 
        opportunities; and
          (D) special projects designed to operate with existing 
        programs and activities that develop occupational and related 
        skills, particularly programs authorized under the Job Training 
        Partnership Act (29 U.S.C. 1501 et seq.) or the Carl D. Perkins 
        Vocational and Applied Technology Education Act (20 U.S.C. 2301 
        et seq.).
  (2) The state educational agency may use the grant only as provided 
in its application as approved under section 13135(b) of this title.
  (b) Applications.--To receive a grant under this section, the state 
educational agency must submit an application to the Secretary. In the 
application, the state educational agency must--
          (1) agree that payments under the grant will be used as 
        provided in subsection (a) of this section;
          (2) agree to make periodic reports to the Secretary 
        evaluating the effectiveness of those payments;
          (3) specify the amounts referred to in subsection (c)(2) of 
        this section that are made available under other laws of the 
        United States for expenditure in the State for the same purpose 
        for which an amount is made available under this section; and
          (4) comply with section 13135(a) of this title.
  (c) Allocations.--(1) The Secretary shall allocate the amount 
appropriated to carry out this section for a fiscal year among the 
state educational agencies (except the agencies for American Samoa, 
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Virgin Islands). Except as provided in paragraph (2) of this subsection 
and section 13136 of this title, the amount of the grant to which an 
agency is entitled under this section for a fiscal year is equal to the 
product of--
          (A) the number of eligible participants at least 16 years of 
        age who, during the period for which the determination of that 
        number is made, are enrolled in programs of instruction 
        described in subsection (a)(1)(A) of this section and offered 
        in the State, but who are not enrolled in elementary and 
        secondary public schools under the jurisdiction of local 
        educational agencies; multiplied by
          (B) $300.
  (2) If amounts are available for a fiscal year under other laws of 
the United States for expenditure in the State for the same purpose for 
which an amount is made available under this section, the amount of the 
grant under paragraph (1) of this subsection for that fiscal year is 
reduced by those amounts. However, the reduction is made only to the 
extent the amounts are available under the other laws--
          (A) for that purpose specifically because the individuals 
        served by the amounts have refugee, parolee, or asylum status; 
        and
          (B) to assist individuals eligible for services under this 
        section.
  (d) Methods of Providing Programs.--(1) A state educational agency 
may provide adult education programs directly or may make grants to, or 
contracts with, local educational agencies, public agencies, and 
private nonprofit organizations to provide the programs. The state 
educational agency shall review an application for a grant or contract 
under this subsection in a way that is consistent with the purposes of 
section 381 of the Adult Education Act (20 U.S.C. 1213).
  (2) The state educational agency shall use the grant it receives 
under this section in a way that enables the maximum number of eligible 
participants at least 16 years of age residing in the State to receive 
education under the programs of instruction described in subsection 
(a)(1)(A) of this section.
  (e) Grant Amounts for Territories and Possessions.--The amounts of 
the grants to which the state educational agencies of American Samoa, 
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and the 
Virgin Islands are entitled under this section are the amounts the 
Secretary determines they need based on criteria the Secretary 
prescribes. The total amount of those grants for a period may not be 
more than one percent of the amount authorized to be appropriated to 
carry out this section during the period. If the total of the amounts 
the Secretary determines those agencies need is more than one percent, 
the amount of the grant to each of those agencies is reduced 
proportionately so that the total is not more than one percent.
Sec. 13135. Applications
  (a) Requirements.--(1) In its application for a grant under this 
subchapter, a state educational agency must agree--
          (A) to ensure that it will not disapprove finally any part of 
        a local educational agency's application for an amount of a 
        grant to the state educational agency under section 13132, 
        13133, or 13134 of this title without giving the local 
        educational agency reasonable notice and opportunity for a 
        hearing; and
          (B) to make reports the Secretary of Education reasonably 
        requires to carry out this subchapter.
  (2) The state educational agency must submit an application at the 
time, in the way, and containing or accompanied by information, the 
Secretary requires.
  (b) Approval.--The Secretary shall approve an application meeting the 
requirements of this section and section 13132, 13133, or 13134 of this 
title, as the case may be. The Secretary may not disapprove finally an 
application without giving the applicant reasonable notice and 
opportunity for a hearing on the record.
Sec. 13136. Use of estimated information and consultation with other 
                    agencies
  (a) Use of Estimates.--When actual satisfactory information is not 
available, the Secretary of Education shall use estimates to determine 
for any period the number of eligible participants and the amount of a 
reduction required under section 13132(d), 13133(d)(2), or 13134(c)(2) 
of this title. A determination based on an overestimate or 
underestimate may not deprive a state educational agency of any part of 
the amount the agency would be entitled to receive under this 
subchapter if the determination were based on accurate information.
  (b) Consultation With Other Agencies.--To the extent it will make it 
easier to determine the amount of a reduction required under section 
13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary 
shall consult with the heads of other agencies providing assistance to 
eligible participants--
          (1) to obtain information about the amounts those agencies 
        disburse for educational purposes under programs the agency 
        heads administer; and
          (2) when feasible, to coordinate the programs those agency 
        heads administer and the programs under this subchapter.
Sec. 13137. State administrative costs
  The Secretary of Education may pay each state educational agency an 
amount equal to the amount the agency expends in carrying out its 
duties and powers properly and efficiently under this subchapter. 
However, the total payments for a period may not be more than 2 percent 
of the amount the agency receives for the period under this subchapter.
Sec. 13138. Withholding payments
  (a) Authority to Withhold.--When the Secretary of Education decides 
that a state educational agency receiving payments under section 13132, 
13133, or 13134 of this title, or a local educational agency or other 
entity receiving payments from the state educational agency under 
section 13134, is not complying with a requirement of this subchapter 
that applies to the section, the Secretary, until satisfied that there 
is no longer a failure to comply--
          (1) shall stop making payments to the state educational 
        agency under section 13132, 13133, or 13134 of this title; or
          (2) may prohibit the state educational agency from making 
        payments under section 13134 of this title to the local 
        educational agency or other entity that is causing, or involved 
        in, the failure.
  (b) Notice and Opportunity for Hearing.--The Secretary--
          (1) may act under subsection (a) of this section only after 
        giving the state educational agency reasonable notice and 
        opportunity for a hearing; and
          (2) shall notify the state educational agency of the action 
        the Secretary is taking under subsection (a) of this section.
Sec. 13139. Authorization of appropriations and allocation of total 
                    amount appropriated
  (a) General Authorization of Appropriations.--Amounts necessary to 
make grants to each state educational agency under this subchapter and 
to pay for administrative costs under section 13137 of this title may 
be appropriated for the fiscal year ending September 30, 19____. The 
amounts shall be appropriated in a lump sum for all programs under this 
subchapter.
  (b) Authorization of Appropriations for Basic Public Educational 
Services Grants.--To make grants to state educational agencies in the 
way provided under this section, an amount may be appropriated under 
subsection (a) of this section for each fiscal year equal to the 
product of--
          (1) the number of eligible participants enrolled in 
        elementary or secondary public schools under the jurisdiction 
        of local educational agencies in all States (except American 
        Samoa, Guam, the Northern Mariana Islands, the Republic of 
        Palau, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and the Virgin Islands) during the fiscal 
        year for which the determination of that number is made; 
        multiplied by
          (2) $400.
  (c) Allocations of Appropriations.--(1) If the amounts appropriated 
for a fiscal year to make grants under this subchapter are not enough 
to pay the total amount of the grants to which state educational 
agencies are entitled under sections 13132-13134 of this title for the 
fiscal year, the allocation to each agency under each of those sections 
shall be ratably reduced so that the total of the allocations is not 
more than the amounts appropriated.
  (2) Allocations reduced under paragraph (1) of this subsection shall 
be increased on the same basis that they were reduced if amounts later 
become available to make grants under this subchapter for the period.

               SUBCHAPTER III--CUBAN AND HAITIAN ENTRANTS

Sec. 13151. Definition
  In this subchapter, ``Cuban or Haitian entrant'' means--
          (1) an alien granted parole status as a Cuban/Haitian Entrant 
        (Status Pending) or granted another special status later 
        established under law for nationals of Cuba or Haiti, without 
        regard to the status of the alien when assistance is provided 
        under this subchapter; and
          (2) any other national of Cuba or Haiti--
                  (A)(i) paroled into the United States who has not 
                acquired another status under this title;
                  (ii) who is the subject of removal proceedings under 
                this title; or
                  (iii) having an application for asylum pending before 
                the Attorney General; and
                  (B) about whom a final, nonappealable, and legally 
                enforceable removal order has not been entered.
Sec. 13152. Presidential authority
  The President has the same duties and powers related to a Cuban or 
Haitian entrant as the duties and powers vested under subchapter I of 
this chapter. Those duties and powers apply to assistance and services 
provided to a Cuban or Haitian entrant at any time after the entrant's 
arrival in the United States, including periods before October 10, 
1980. The President may provide by regulation that benefits granted 
under a law of the United States (except this title) to an individual 
admitted to the United States under section 5105 of this title shall be 
provided in the same way and to the same extent to a Cuban or Haitian 
entrant.
Sec. 13153. General assistance
  (a) Types of Assistance.--Under the direction of the President, any 
agency may provide assistance (including materials, supplies, 
equipment, work, services, or facilities) for the processing, care, 
security, transportation, and initial reception and placement in the 
United States of a Cuban or Haitian entrant on terms the President 
prescribes. The President may direct the head of a federal department, 
agency, or instrumentality to detail personnel (on a reimbursable or 
nonreimbursable basis) for temporary duty with another federal 
department, agency, or instrumentality that the President has directed 
to supervise or manage assistance under this section.
  (b) Reimbursement.--Amounts to carry out this section--
          (1) shall be used to reimburse state governments and 
        political subdivisions for expenses incurred in providing 
        assistance under subsection (a) of this section; and
          (2) may be used to reimburse a federal department, agency, or 
        instrumentality providing assistance under subsection (a) of 
        this section.
  (c) Application of National Environmental Policy Act of 1969.--The 
carrying out of a duty or power under this section is not a major 
action of the Federal Government significantly affecting the quality of 
the human environment under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
  (d) Availability of Appropriations.--Amounts--
          (1) appropriated under section 13112 of this title are 
        available to carry out this subchapter; and
          (2) available to carry out this subchapter remain available 
        until expended.

   CHAPTER 133--INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE

Sec.
13301.  Participation in International Organization for Migration.
13302.  Contributions to international organizations.
13303.  Assistance to further foreign policy interests.
13304.  Assistance to refugee women and children.
13305.  Assistance for unexpected urgent needs.
13306.  Allocation, transfer, availability, and accounting of amounts.
13307.  Audits.
13308.  Administrative.
Sec. 13301. Participation in International Organization for Migration
  The President may continue United States membership in the 
International Organization for Migration. To assist in the movement of 
refugees and migrants and to enhance the economic progress of the 
developing countries by providing for a coordinated supply of a 
selected labor force, amounts necessary to pay for the Federal 
Government's contribution to the Organization and necessary salaries 
and expenses incident to the Government's participation in the 
Organization may be appropriated.
Sec. 13302. Contributions to international organizations
  The President may make contributions to--
          (1) the activities of the United Nations High Commissioner 
        for Refugees for assistance to or for refugees and other 
        persons assisted by the Commissioner;
          (2) the International Organization for Migration;
          (3) the International Committee of the Red Cross for 
        assistance to or for refugees; and
          (4) other international organizations for assistance to or 
        for refugees.
Sec. 13303. Assistance to further foreign policy interests
  The President may provide assistance to or for refugees outside the 
United States designated by the President when the President decides 
that the assistance will contribute to the foreign policy interests of 
the United States. The President shall designate the refugees by class, 
group, countries of origin, or areas of residence.
Sec. 13304. Assistance to refugee women and children
  (a) Standards.--(1) In providing for overseas assistance and 
protection of refugees and displaced persons, the Federal Government 
shall seek to address the protection and provision of basic needs of 
women and children who represent 80 percent of the world's refugee 
population.
  (2) In accordance with the 1991 United Nations High Commissioner for 
Refugees Guidelines on the Protection of Refugee Women, the Secretary 
of State, working directly, through international organizations, or 
through nongovernmental voluntary organizations, shall seek to ensure 
that--
          (A) the United Nations and relief organizations pay specific 
        attention to recruiting and hiring female protection officers;
          (B) gender awareness training is carried out for security 
        personnel and other field staff;
          (C) refugee women and children are protected from violence 
        and abuse by governments or insurgent groups;
          (D) women refugees are fully involved in planning and 
        carrying out--
                  (i) the delivery of services and assistance; and
                  (ii) the repatriation process;
          (E) education on and access to services in reproductive 
        health, birth spacing, and other maternal and child health 
        needs are incorporated into refugee health services and 
        education;
          (F) victims of rape, domestic violence, and other violence 
        and abuse have available to them--
                  (i) protective services;
                  (ii) grievance processes; and
                  (iii) counseling and other services;
          (G) educational programs are provided to refugee women, with 
        special emphasis on female heads of households, in--
                  (i) literacy and numeracy;
                  (ii) vocational and income generating skills; and
                  (iii) other training to promote self-sufficiency;
          (H) all refugee children receive education, ensuring equal 
        access for girls, and that family tracing and other special 
        services are provided for unaccompanied refugee minors;
          (I) information clearly enumerating age and gender be 
        collected so that appropriate health, education, and assistance 
        programs can be planned;
          (J) more women program professionals are recruited, hired, 
        and trained in the international humanitarian field; and
          (K) training is provided to program staff of the Commissioner 
        and nongovernmental voluntary organizations on gender-awareness 
        and carrying out the Guidelines.
  (b) Procedures.--The Secretary should adopt specific procedures to 
ensure that all recipients of Government amounts for refugee and 
migration assistance carry out the standards outlined in subsection (a) 
of this section.
  (c) Requirements for Refugee and Migration Assistance.--In providing 
refugee and migration assistance, the Secretary should support the 
protection efforts of this section by raising at the highest levels of 
government the issue of abuses against refugee women and children by 
governments or insurgent groups that engage in, allow, or condone--
          (1) a pattern of gross violations of internationally 
        recognized human rights, such as torture or cruel, inhumane, or 
        degrading treatment or punishment, prolonged detention without 
        charges, or other flagrant denial to life, liberty, and bodily 
        security;
          (2) the blockage of humanitarian relief assistance;
          (3) gender-specific persecution such as systematic individual 
        or mass rape, forced pregnancy, forced abortion, enforced 
        prostitution, or any form of indecent assault or act of 
        violence against refugee women, girls, and children; or
          (4) continuing violations of bodily integrity against refugee 
        women and children by armed insurgents, local security forces, 
        or camp guards.
  (d) Investigation of Reports.--On receipt of credible reports of 
abuses under subsection (c) of this section, the Secretary should--
          (1) investigate the reports immediately through emergency 
        fact-finding missions or other means; and
          (2) help identify appropriate remedial measures.
  (e) Multinational Implementation of the Guidelines.--The Secretary 
should work to--
          (1) ensure that multilateral organizations completely 
        incorporate the needs of refugee women and children into all 
        elements of refugee assistance programs; and
          (2) encourage other governments providing refugee assistance 
        to adopt policies designed to encourage that the Guidelines be 
        carried out completely.
Sec. 13305. Assistance for unexpected urgent needs
  (a) General Authority.--The President may provide assistance to meet 
unexpected urgent refugee and migration needs on terms the President 
prescribes when the President decides the assistance is important to 
the interests of the United States.
  (b) United States Emergency Refugee and Migration Assistance Fund.--
There is a United States Emergency Refugee and Migration Assistance 
Fund to carry out this section. Amounts necessary for the Fund may be 
appropriated to the President. However, an amount may not be 
appropriated that, when added to amounts previously appropriated and 
not obligated, would cause the total amount in the Fund to be more than 
$100,000,000. Amounts appropriated remain available until expended.
  (c) Justification of Appropriations.--When the President requests an 
appropriation under this section, the President shall justify the 
request to the Committee on Foreign Relations of the Senate, the 
Speaker of the House of Representatives, and the Committees on 
Appropriations of the Senate and House of Representatives.
Sec. 13306. Allocation, transfer, availability, and accounting of 
                    amounts
  (a) Allocation and Transfer.--The President may allocate or transfer 
to a federal department, agency, or instrumentality an amount available 
to carry out this chapter. The amount is available for obligation and 
expenditure for the purpose for which the amount originally was made 
available under this chapter or under authority governing the 
activities of the federal department, agency, or instrumentality to 
which the amount was allocated or transferred. An amount allocated or 
transferred may be carried in a separate appropriation account of the 
Treasury.
  (b) Purposes For Which Amounts Are Available.--(1) An amount made 
available under this chapter may be used for--
          (A) pay, allowances, and travel of personnel, including 
        members of the Foreign Service whose services are used 
        primarily in carrying out this chapter, without regard to any 
        other law, that may be necessary to carry out this chapter;
          (B) printing and binding, expenditure outside the United 
        States for supplies and services, and administrative and 
        operating purposes except pay, without regard to a law or 
        regulation governing the obligation and expenditure of amounts 
        of the Government, that may be necessary to carry out this 
        chapter;
          (C) employment and assignment of members of the Foreign 
        Service serving under limited appointments when carrying out 
        this chapter;
          (D) the exchange of amounts without regard to loss by 
        exchanges;
          (E) making contracts for personal services outside the United 
        States;
          (F) expenses authorized by the Foreign Service Act of 1980 
        (22 U.S.C. 3901 et seq.) not otherwise provided for;
          (G) expenses authorized by the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a, 2669 et seq.); and
          (H) other expenses the President decides are necessary to 
        carry out this chapter.
  (2) An individual employed by contract with amounts made available 
under paragraph (1)(E) of this subsection is not an employee of the 
Government under any law carried out by the Director of the Office of 
Personnel Management. However, the Secretary of State may apply to that 
individual--
          (A) section 2(f) of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2669(f)); and
          (B) any other law carried out by the Secretary as that law is 
        related to employment of individuals by contract to perform 
        personal services outside the United States.
  (3) An individual receiving amounts under this section may provide 
administrative assistance to personnel assigned to a bureau charged 
with carrying out this chapter.
Sec. 13307. Audits
  Amounts may be made available under this chapter or any other law to 
the United Nations High Commissioner for Refugees only if--
          (1) an annual program audit will be conducted to determine 
        the use of those amounts, including the use by implementing 
        partners; and
          (2) the audit will be made available through the Secretary of 
        State for inspection by the Comptroller General.
Sec. 13308. Administrative
  (a) Authority of the President.--To carry out this chapter, the 
President may--
          (1) make loans, advances, and grants to, and agreements with, 
        a person, government or government agency in or outside the 
        United States, and international and intergovernmental 
        organizations;
          (2) accept and use money, property, and services made 
        available to carry out this chapter; and
          (3) provide assistance and make contributions, 
        notwithstanding another provision of law that restricts 
        assistance to foreign countries.
  (b) Waiver.--If the President decides that it carries out this 
chapter, the President may waive a provision of law on making, carrying 
out, and modifying contracts and on expenditures of the Federal 
Government.
  (c) Delegation of Duties and Powers.--If the President delegates to 
an officer under section 301 of title 3 a duty or power of the 
President under this chapter, the President also may authorize the 
officer to redelegate the duty or power to a subordinate officer or 
employee of the officer. However, the President may not authorize the 
redelegation of the waiver authority under subsection (b) of this 
section.
  (d) Informing Congressional Committees.--The President shall keep 
appropriate committees of Congress currently informed on the use of 
expenditures and the exercise of duties and powers under this chapter.

              CHAPTER 135--IMMIGRANT EDUCATION ASSISTANCE

Sec.
13501.  Findings and purpose.
13502.  Definitions and application.
13503.  Enhanced instructional opportunities.
13504.  Applications.
13505.  State allocations.
13506.  Grants to local educational agencies.
13507.  Providing assistance to nonpublic schools when local educational 
          agency does not.
13508.  State administrative costs.
13509.  Withholding payments.
13510.  Reports.
Sec. 13501. Findings and purpose
  (a) Findings.--Congress finds that--
          (1) the education of the children and youth of the United 
        States is one of the most sacred government responsibilities;
          (2) local educational agencies have struggled to finance 
        education services adequately;
          (3) in Plyler v. Doe, 457 U.S. 202 (1982), the Supreme Court 
        held that States have a responsibility under the Equal 
        Protection Clause of the Constitution to educate all children, 
        regardless of immigration status; and
          (4) only the Federal Government is responsible for 
        immigration policy.
  (b) Purpose.--The purpose of this chapter is to assist eligible local 
educational agencies that experience unexpectedly large increases in 
their student population due to immigration to--
          (1) provide high-quality instruction to immigrant children 
        and youth; and
          (2) help immigrant children and youth--
                  (A) with their transition into American society; and
                  (B) meet the same challenging state performance 
                standards expected of all children and youth.
Sec. 13502. Definitions and application
  (a) Definitions.--In this chapter--
          (1) the definitions in section 14101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8801) apply, except 
        ``local educational agency'' and ``Secretary''.
          (2) ``immigrant children and youth'' has the same meaning 
        given that term in section 7501 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7601).
          (3) ``local educational agency'' has the same meaning given 
        that term in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801), except that it includes 
        only an agency for which the number of immigrant children and 
        youth enrolled in public elementary and secondary schools under 
        its jurisdiction and in nonpublic elementary and secondary 
        schools in the district it serves, during the fiscal year for 
        which a grant is to be made under this chapter, is at least 
        equal to the lesser of--
                  (A) 500; or
                  (B) 3 percent of the total number of students 
                enrolled in those public or nonpublic schools during 
                that fiscal year.
  (b) Application.--Sections 7404 and 7502(a) and parts B-H of title 
XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7574, 7602(a), 8821 et seq.) apply to this chapter.
Sec. 13503. Enhanced instructional opportunities
  (a) Payments To Provide Enhanced Instructional Opportunities.--The 
Secretary of Education shall make payments, as provided in this 
chapter, to state educational agencies for each of the fiscal years 
ending September 30, 1995-1999, for the purpose stated in section 
13501(b) of this title by paying for enhanced instructional 
opportunities for immigrant children and youth.
  (b) Opportunities Included.--The enhanced instructional opportunities 
referred to in subsection (a) of this section include--
          (1) family literacy, parent outreach, and training activities 
        designed to assist parents to become active participants in the 
        education of their children;
          (2) salaries of personnel, including teacher aides who have 
        been trained specifically, or are being trained, to provide 
        services to immigrant children and youth;
          (3) tutorials, mentoring, and academic or career counseling 
        for immigrant children and youth;
          (4) identifying and acquiring curricular materials, 
        educational software, and technologies to be used in the 
        program;
          (5) basic instructional services directly attributable to the 
        presence in the school district of immigrant children and 
        youth, including the cost of providing additional classroom 
        supplies, overhead costs, costs of construction, acquisition, 
        or rental of space, transportation costs, or other costs 
        directly attributable to these additional basic instructional 
        services; and
          (6) other activities related to the purpose of this chapter 
        that the Secretary may authorize.
Sec. 13504. Applications
  (a) Requirements.--To receive a payment under this chapter for a 
fiscal year, a state educational agency must submit an application to 
the Secretary of Education at the time, in the way, and containing or 
accompanied by information the Secretary requires. In the application, 
the state educational agency must agree--
          (1) to administer, or supervise the administration of, the 
        educational programs, services, and activities paid for under 
        this chapter;
          (2) to ensure that payments under this chapter will be used 
        for the purposes described in sections 13501(b) and 13503 of 
        this title, including a description of how local educational 
        agencies receiving amounts under this chapter will--
                  (A) use the amounts to meet those purposes; and
                  (B) coordinate with other programs assisted under the 
                Goals 2000: Educate America Act (20 U. S. C. 5801 et 
                seq.), the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6301 et seq.), and other appropriate 
                acts;
          (3) to ensure that local educational agencies receiving 
        amounts under this chapter will coordinate the use of those 
        amounts with programs assisted under title I or part A of title 
        VII of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq., 7401 et seq.);
          (4) to ensure that those payments (except payments received 
        under section 13506(a) of this title) will be allocated among 
        the local educational agencies in the State so that each agency 
        receives an amount based on the number of immigrant children 
        and youth counted for that agency under section 13505(a)(1) of 
        this title;
          (5) to ensure that it will not disapprove finally any part of 
        a local educational agency's application for an amount under 
        this chapter without giving the local educational agency 
        reasonable notice and opportunity for a hearing;
          (6) to make reports the Secretary requires to carry out this 
        chapter;
          (7) to ensure that--
                  (A) to the extent consistent with the number of 
                immigrant children and youth enrolled in nonpublic 
                elementary and secondary schools in the district served 
                by a local educational agency, the local educational 
                agency, after consulting with the appropriate officials 
                of the schools, will provide for the benefit of those 
                children and youth secular, neutral, and nonideological 
                services, materials, and equipment necessary to educate 
                those children and youth;
                  (B) a public agency will--
                          (i) control and administer amounts provided 
                        under this chapter; and
                          (ii) own and administer materials, equipment, 
                        and property that is repaired, remodeled, or 
                        constructed with those amounts;
                  (C) amounts under this clause (7) will not be 
                commingled with state or local amounts; and
                  (D) a public agency will provide immigrant children 
                and youth in nonpublic elementary or secondary schools 
                the services referred to in subclause (A) of this 
                clause through--
                          (i) employees under the control and 
                        supervision of the agency; or
                          (ii) a contract with a person or agency that 
                        is under the control and supervision of the 
                        public agency and, when providing the services, 
                        is independent of the school and of any 
                        religious organization;
          (8) to award amounts reserved under section 13506(a) of this 
        title on a competitive basis based on merit and need as 
        provided in section 13506(a); and
          (9) to ensure that state and local educational agencies 
        receiving amounts under this chapter will comply with the 
        requirements of section 1120(b) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6321(b)).
  (b) Approval.--The Secretary shall review all applications submitted 
under subsection (a) of this section and shall approve any application 
that meets the requirements of subsection (a). The Secretary shall 
disapprove any application not meeting those requirements but may not 
disapprove finally an application without giving the applicant 
reasonable notice, technical assistance, and an opportunity for a 
hearing.
  (c) Notification of Amount Approved.--Not later than June 1 of each 
year, the Secretary shall notify each state educational agency that has 
an application approved of the amount of the agency's allocation under 
section 13505(a) of this title for the next fiscal year.
Sec. 13505. State allocations
  (a) Allocations.--The Secretary of Education shall allocate the 
amount appropriated to carry out this chapter for a fiscal year among 
the state educational agencies. Except as provided in this section, of 
the amount appropriated for each fiscal year for this chapter, each 
state participating in the program assisted under this chapter shall 
receive an allocation equal to the proportion of--
          (1) the number of immigrant children and youth enrolled in 
        public elementary and secondary schools under the jurisdiction 
        of the local educational agencies of the State and in nonpublic 
        elementary and secondary schools in the districts served by the 
        local educational agencies of the State; relative to
          (2) the total number of immigrant children and youth 
        similarly enrolled in all the States participating in the 
        program assisted under this chapter.
  (b) Determining Number of Immigrant Children and Youth.--(1) The 
Secretary shall determine the number of immigrant children and youth 
for a state educational agency under this section based on information 
or estimates provided by the agency under criteria prescribed by the 
Secretary. However, after notice and opportunity for a hearing, the 
Secretary may disregard information or estimates that the Secretary 
decides are clearly erroneous.
  (2) A determination under this subsection based on an overestimate or 
underestimate may not deprive a state educational agency of the 
allocation the State otherwise would have received under this chapter 
if the determination were based on accurate information.
  (c) Reallocation of Unused Amounts.--When the Secretary determines 
that a part of a payment made to a state educational agency under this 
chapter for a fiscal year will not be used by the agency to carry out 
the purpose for which the payment was made, the Secretary shall make 
that part available to one or more state educational agencies to the 
extent the Secretary decides the other agencies can use the additional 
amount to carry out the purpose. An amount made available under this 
subsection to a state educational agency from an appropriation for a 
fiscal year is deemed in this chapter to be a part of the payment (as 
determined under subsection (a) of this section) to that agency for 
that fiscal year, and remains available until the end of the next 
fiscal year.
Sec. 13506. Grants to local educational agencies
  (a) Distribution by State Educational Agencies.--(1) If the amount 
appropriated to carry out this chapter is more than $50,000,000 for a 
fiscal year, a state educational agency may reserve not more than 20 
percent of the agency's payment under this chapter for that year to 
award grants to local educational agencies in the State. The grants 
shall be awarded on a competitive basis.
  (2)(A) At least one-half of the grants shall be made available to 
local educational agencies that have the highest numbers and 
percentages of immigrant children and youth.
  (B) Amounts reserved under this subsection and not made available 
under paragraph (2)(A) of this subsection may be distributed to local 
educational agencies in the State that are experiencing a sudden influx 
of immigrant children and youth but otherwise are not eligible for 
assistance under this chapter.
  (b) Use of Grant.--A local educational agency receiving a grant under 
subsection (a) of this section shall use the grant to carry out the 
activities described in section 13503(b) of this title.
  (c) Consortia.--A local educational agency receiving a grant under 
this chapter may collaborate or form a consortium with one or more 
local educational agencies, institutions of higher education, and 
nonprofit organizations to carry out the program described in an 
application approved under this chapter.
  (d) Subgrants.--With the approval of the Secretary of Education, a 
local educational agency receiving a grant under this chapter may make 
a subgrant to, or a contract with, an institution of higher education, 
a nonprofit organization, or a consortium of institutions of higher 
education or nonprofit organizations to carry out a program described 
in an application approved under this chapter, including a program to 
serve out-of-school youth.
  (e) Distribution of Information.--Local educational agencies 
receiving amounts under subsection (a) of this section that have the 
highest number of immigrant children and youth may make information on 
serving immigrant children and youth available to local educational 
agencies in the State with sparse numbers of immigrant children and 
youth.
  (f) Simultaneous Service of Immigrant Children and Youth.--This 
chapter does not prohibit a local educational agency from serving, in 
the same educational setting where appropriate, immigrant children and 
youth simultaneously with students with similar educational needs.
Sec. 13507. Providing assistance to nonpublic schools when local 
                    educational agency does not
  (a) General Authority.--If a local educational agency is prohibited 
by law from providing educational services for children and youth 
enrolled in nonpublic elementary and secondary schools as required by 
section 13504(a)(7) of this title, or if the Secretary of Education 
decides that a local educational agency has failed substantially to, or 
will not, provide for the participation on an equitable basis of 
children and youth enrolled in those schools, the Secretary--
          (1) may waive the requirements of section 13504(a)(7) of this 
        title; and
          (2) subject to the other requirements of this chapter, shall 
        arrange for educational services to be provided for those 
        children and youth.
  (b) Waiver Requirements.--A waiver under this section is subject to 
consultation, withholding, notice, and judicial review requirements as 
provided in title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.).
Sec. 13508. State administrative costs
  For any fiscal year, a state educational agency may reserve not more 
than 1.5 percent of the amount allocated to the agency under section 
13505(a) of this title to pay the costs of its administrative duties 
and powers under this chapter.
Sec. 13509. Withholding payments
  (a) Authority To Withhold.--When the Secretary of Education decides 
that a state educational agency receiving payments under this chapter, 
or a local educational agency receiving payments from the state 
educational agency, is not complying with a requirement of this 
chapter, the Secretary, until satisfied that there is no longer a 
failure to comply, shall--
          (1) stop making payments to the state educational agency 
        under this chapter; or
          (2) prohibit the state educational agency from making 
        payments under this chapter to the local educational agency 
        that is causing, or involved in, the failure.
  (b) Notice and Opportunity for Hearing.--The Secretary--
          (1) may act under subsection (a) of this section only after 
        giving the state educational agency reasonable notice and 
        opportunity for a hearing; and
          (2) shall notify the state educational agency of the action 
        the Secretary is taking under subsection (a) of this section.
Sec. 13510. Reports
  (a) Reports by State Educational Agencies.--Each state educational 
agency receiving amounts under this chapter shall submit a report once 
every 2 years to the Secretary of Education on the expenditure of 
amounts by local educational agencies under this chapter. Each local 
educational agency receiving amounts under this chapter shall submit to 
the state educational agency information necessary for the report.
  (b) Reports by the Secretary.--The Secretary shall submit a report 
once every 2 years to the appropriate committees of Congress about 
programs assisted under this chapter as provided in section 14701 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8941).

CHAPTER 137--REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND 
                             ILLEGAL ALIENS

Sec.
13701.  Payment of costs of imprisoning certain Cuban nationals.
13702.  Reimbursement of costs of imprisoning certain Cuban nationals 
          and illegal aliens.
13703.  Limitation.
Sec. 13701. Payment of costs of imprisoning certain Cuban nationals
  (a) Payments to States and Counties.--The Attorney General shall pay 
a State or county for costs incurred by the State or county in 
imprisoning, during the fiscal year for which payment is made, a Cuban 
national who--
          (1) was paroled into the United States in 1980 by the 
        Attorney General;
          (2) after being paroled, violated a state or county law for 
        which a term of imprisonment was imposed; and
          (3) at the time of the parole and violation, was not lawfully 
        admitted for permanent residence or not admitted under an 
        immigrant or nonimmigrant visa issued under this title.
  (b) Applications for Payments.--For a State or county to be paid 
under this section, the chief executive officer of the State or county 
shall submit an application to the Attorney General, under regulations 
prescribed by the Attorney General. The application shall contain--
          (1) the number and names of Cuban nationals for whose 
        imprisonment the State or county is entitled to be paid; and
          (2) other information the Attorney General requires.
  (c) Reduction if Appropriations Insufficient.--For each fiscal year, 
the Attorney General shall make payment under this section to States 
and counties the Attorney General decides are eligible under this 
section. However, if amounts appropriated for the fiscal year to carry 
out this section are not sufficient to make all payments, each payment 
shall be ratably reduced so that the total of the payments equals the 
amount appropriated.
  (d) Policy on Return of Cuban Nationals.--It is the policy of the 
Federal Government that the President, in consultation with the 
Attorney General, other appropriate federal officials, and appropriate 
state and county chief executive officers referred to in subsection (b) 
of this section, shall place top priority on seeking the expeditious 
removal from the United States and return by any responsible means to 
Cuba of Cuban nationals described in subsection (a) of this section.
Sec. 13702. Reimbursement of costs of imprisoning certain Cuban 
                    nationals and illegal aliens
  (a) General.--The Attorney General shall reimburse a State for costs 
incurred by the State in imprisoning any of the following Cuban 
nationals and illegal aliens convicted by the State of a felony:
          (1) a Cuban national who--
                  (A) was paroled into the United States in 1980 by the 
                Attorney General;
                  (B) after being paroled, violated a state or local 
                law for which a term of imprisonment was imposed; and
                  (C) at the time of parole and violation, was not 
                lawfully admitted for permanent or temporary residence 
                or not admitted under an immigrant or nonimmigrant visa 
                issued under this title.
          (2) an illegal alien who is in the United States unlawfully 
        and--
                  (A) whose most recent entry into the United States 
                was without inspection; or
                  (B) who was admitted to the United States as a 
                nonimmigrant and whose--
                          (i) period of authorized stay as a 
                        nonimmigrant expired before the date of 
                        committing the crime for which the illegal 
                        alien was convicted; or
                          (ii) unlawful status was known to the Federal 
                        Government before the date of committing the 
                        crime for which the alien was convicted.
  (b) Regulations.--The Attorney General shall prescribe regulations--
          (1) providing eligibility requirements for States seeking 
        reimbursement under subsection (a) of this section;
          (2) requiring that States seeking reimbursement under 
        subsection (a) of this section verify the eligible incarcerated 
        population data with the Commissioner of Immigration and 
        Naturalization;
          (3) providing a formula for distributing assistance under 
        subsection (a) of this section to eligible States; and
          (4) awarding assistance to eligible States.
Sec. 13703. Limitation
  The Attorney General may expend amounts under this chapter in a 
fiscal year only to the extent and in the amount provided in advance by 
an appropriation law.

                          PART B--RESTRICTIONS

    CHAPTER 151--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

                          SUBCHAPTER I--GENERAL

Sec.
15101.  Policy.
15102.  Definitions.
15103.  Guidance issued by Attorney General.

                 SUBCHAPTER II--FEDERAL PUBLIC BENEFITS

15121.  Ineligibility of aliens who are not qualified aliens.
15122.  Limited ineligibility of qualified aliens for SSI and food 
          stamps.
15123.  State authorization to determine eligibility of qualified 
          aliens.
15124.  Five-year ineligibility of qualified aliens for federal means-
          tested public benefit.
15125.  Attribution of sponsor's income and resources to alien in 
          determining a federal means-tested public benefit.
15126.  Derivative eligibility for benefits.

             SUBCHAPTER III--STATE AND LOCAL PUBLIC BENEFITS

15141.  Definition.
15142.  Ineligibility of aliens who are not qualified aliens or 
          nonimmigrants.
15143.  Ineligibility of aliens not lawfully present on basis of 
          residence for higher education benefits.
15144.  State authority to limit eligibility of qualified aliens for 
          state public benefits.
15145.  Authority of States and political subdivisions of States to 
          limit assistance to aliens and to distinguish among classes of 
          aliens in providing general cash public assistance.
15146.  Attribution of sponsor's income and resources to alien with 
          respect to state programs.
15147.  Authority to verify eligibility for state and local public 
          benefits.

              SUBCHAPTER IV--VERIFICATION AND COMMUNICATION

15161.  Verification of eligibility for federal public benefits.
15162.  Nonprofit charitable organizations not required to verify 
          eligibility for federal public benefits or state or local 
          public benefits.
15163.  Communication between state and local governmental entities and 
          the Immigration and Naturalization Service.
15164.  Notification and information reporting.

                       SUBCHAPTER V--MISCELLANEOUS

15181.  Statutory construction.
15182.  Qualifying quarters of coverage under the Social Security Act.
15183.  Child nutrition programs.

                         SUBCHAPTER I--GENERAL

Sec. 15101. Policy
  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 Federal 
        Government that--
                  (A) aliens within the borders of the United States 
                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 ensuring 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 ensure 
        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) With respect to the authority of a State to decide on the 
        eligibility of a qualified alien for public benefits in this 
        chapter, a State that chooses to follow the federal 
        classification in determining the eligibility of the alien for 
        public assistance shall be considered to have chosen the least 
        restrictive means available for achieving the compelling 
        governmental interest of ensuring that aliens be self-reliant 
        in accordance with national immigration policy.
Sec. 15102. Definitions
  (a) Federal Public Benefit.--For purposes of this chapter ``federal 
public benefit''--
          (1) means--
                  (A) a grant, contract, loan, professional license, or 
                commercial license provided by a federal department, 
                agency, or instrumentality or by appropriated amounts 
                of the Federal Government; and
                  (B) a retirement, welfare, health, disability, public 
                or assisted housing, postsecondary education, food 
                assistance, unemployment, or other similar benefit for 
                which payments or assistance are provided to an 
                individual, household, or family eligibility unit by a 
                federal department, agency, or instrumentality or by 
                appropriated amounts of the Government; but
          (2) does not apply to--
                  (A) a contract, professional license, or commercial 
                license for a nonimmigrant whose visa for entry is 
                related to such employment in the United States, or to 
                a citizen of a freely associated state, if section 141 
                (or a successor provision) of the applicable compact of 
                free association, approved under the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1901 et seq.) or 
                under the Act of November 14, 1986 (48 U.S.C. 1931 et 
                seq.), is in effect; or
                  (B) benefits for an alien who, as a work authorized 
                nonimmigrant or as an alien lawfully admitted for 
                permanent residence under subtitle II of this title, 
                qualified for the benefits and for whom the United 
                States under reciprocal treaty agreements is required 
                to pay the benefits, as determined by the Attorney 
                General, after consultation with the Secretary of 
                State.
  (b) Qualified Alien.--For purposes of this chapter, ``qualified 
alien'' means an alien who, at the time the alien applies for, 
receives, or attempts to receive a federal public benefit, is--
          (1) an alien who is lawfully admitted for permanent residence 
        under subtitle II of this title;
          (2) an alien who is granted asylum under section 5106 of this 
        title;
          (3) a refugee who is admitted to the United States under 
        section 5105 of this title;
          (4) an alien who is paroled into the United States under 
        section 6121 of this title for a period of at least one year;
          (5) an alien whose removal is being withheld under section 
        6716(d) of this title (or whose deportation was withheld under 
        section 243(h) of the Immigration and Nationality Act as in 
        effect immediately before April 1, 1997);
          (6) an alien who is granted conditional entry under section 
        203(a)(7) of the Immigration and Nationality Act as that Act 
        was in effect prior to April 1, 1980;
          (7) an alien who is a Cuban or Hatian entrant as defined in 
        section 13151 of this title; or
          (8) except during any period in which an individual 
        responsible for battery or cruelty resides in the same 
        household or family eligibility unit as the individual 
        subjected to the battery or cruelty--
                  (A)(i) an alien who has been battered or subjected to 
                extreme cruelty in the United States by a spouse or a 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented to, or acquiesced in, the 
                battery or cruelty, but only if (in the opinion of the 
                agency providing the benefits) there is a substantial 
                connection between the battery or cruelty and the need 
                for the benefits to be provided;
                  (ii) an alien whose child (as defined in section 
                108(b) of this title) has been battered or subjected to 
                extreme cruelty in the United States by a spouse or a 
                parent of the alien (without the active participation 
                of the alien in the battery or cruelty), or by a member 
                of the spouse or parent's family residing in the same 
                household as the alien and the spouse or parent 
                consented to, or acquiesced in, the battery or cruelty, 
                and the alien did not actively participate in the 
                battery or cruelty, but only if (in the opinion of the 
                agency providing the benefits) there is a substantial 
                connection between the battery or cruelty and the need 
                for the benefits to be provided; or
                  (iii) an alien child who resides in the same 
                household as a parent who has been battered or 
                subjected to extreme cruelty in the United States by 
                that parent's spouse or by a member of the spouse's 
                family residing in the same household as the parent and 
                the spouse consented to, or acquiesced in, the battery 
                or cruelty, but only if (in the opinion of the agency 
                providing the benefits) there is a substantial 
                connection between the battery or cruelty and the need 
                for the benefits to be provided; and
                  (B) who has been approved or has a petition pending 
                which sets forth a prima facie case for--
                          (i) status as a spouse or a child of a United 
                        States citizen under section 4301(a)(2), (3), 
                        or (4) of this title;
                          (ii) classification under section 4301(a)(6) 
                        or (7) of this title;
                          (iii) cancellation of removal under--
                                  (I) section 240A of the Immigration 
                                and Nationality Act as in effect prior 
                                to April 1, 1997; or
                                  (II) section 6721(c) of this title; 
                                or
                          (iv) status as a spouse or child of a United 
                        States citizen under section 4301(a)(1) of this 
                        title or classification under section 
                        4301(a)(5) of this title.
Sec. 15103. Guidance issued by Attorney General
  After consultation with the Secretaries of Health and Human Services, 
Agriculture, and Housing and Urban Development, the Commissioner of 
Social Security, and the heads of federal departments, agencies, or 
instrumentalities administering benefits that the Attorney General 
considers appropriate, the Attorney General shall issue guidance (in 
the Attorney General's sole and unreviewable discretion) for the 
purposes of sections 15102(b)(8) and 15125(e) of this title, concerning 
the meaning of ``battery'' and ``extreme cruelty'', and the standards 
and methods to be used for deciding whether a substantial connection 
exists between battery or cruelty suffered and an individual's need for 
benefits under a specific federal, state, or local program.

                 SUBCHAPTER II--FEDERAL PUBLIC BENEFITS

Sec. 15121. Ineligibility of aliens who are not qualified aliens
  (a) General.--Except as provided in subsection (b) of this section, 
an alien who is not a qualified alien is not eligible for any federal 
public benefit.
  (b) Exceptions.--(1) Subsection (a) of this section does not apply to 
the following federal public benefits:
          (A) medical assistance under title XIX of the Social Security 
        Act (42 U.S.C. 1396 et seq.), or any successor program, for 
        care and services that are necessary for the treatment of an 
        alien's emergency medical condition (as defined in section 
        1903(v)(3) of the Act (42 U.S.C. 1396b(v)(3))) and are not 
        related to an organ transplant procedure, if the alien involved 
        otherwise meets the eligibility requirements for medical 
        assistance under the state plan approved under title XIX, 
otherthan the requirement of the receipt of aid or assistance under 
title IV of the Act (42 U.S.C. 401 et seq.), supplemental security 
income benefits under title XVI of the Act (42 U.S.C. 1381 et seq.), or 
a state supplementary payment.
          (B) short-term, non-cash, in-kind emergency disaster relief.
          (C) public health assistance, not including any assistance 
        under title XIX of the Social Security Act (42 U.S.C. 1396 et 
        seq.), for immunizations with respect to immunizable diseases 
        and for testing and treatment of symptoms of communicable 
        diseases whether or not such symptoms are caused by a 
        communicable disease.
          (D) programs, services, or assistance (such as soup kitchens, 
        crisis counseling and intervention, and short-term shelter) 
        specified by the Attorney General, in the Attorney General's 
        sole and unreviewable discretion after consultation with the 
        heads of appropriate federal departments, agencies, and 
        instrumentalities that--
                  (i) deliver in-kind services at the community level, 
                including through public or private nonprofit agencies;
                  (ii) do not condition the provision of assistance, 
                the amount of assistance provided, or the cost of 
                assistance provided on the individual recipient's 
                income or resources; and
                  (iii) are necessary for the protection of life or 
                safety.
          (E) programs for housing or community development assistance 
        or financial assistance administered by the Secretary of 
        Housing and Urban Development, any program under title V of the 
        Housing Act of 1949 (42 U.S.C. 1471 et seq.), or any assistance 
        under section 306C of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1926c), to the extent that the alien 
        is receiving the benefit on August 22, 1996.
  (2) Subsection (a) of this section does not apply to any benefit--
          (A) payable under title II of the Social Security Act (42 
        U.S.C. 401 et seq.) to an alien who is lawfully present in the 
        United States as determined by the Attorney General;
          (B) payable under title II of the Social Security Act (42 
        U.S.C. 401 et seq.) to which entitlement is based on an 
        application filed before September 1, 1996;
          (C) if nonpayment of the benefit would be contrary to an 
        international agreement described in section 233 of the Social 
        Security Act (42 U.S.C. 433); or
          (D) if nonpayment of the benefit would be contrary to section 
        202(t) of the Social Security Act (42 U.S.C. 402(t)).
  (3) Subsection (a) of this section does not apply to any benefit 
payable under--
          (A) title XVIII of the Social Security Act (42 U.S.C. 1395 et 
        seq.) to an alien--
                  (i) who is lawfully present in the United States as 
                determined by the Attorney General; and
                  (ii) for a benefit payable under Part A of title 
                XVIII (42 U.S.C. 1395c et seq.), who was authorized to 
                be employed for any wages attributable to employment 
                that are counted for eligibility for the benefit; or
          (B) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
        seq.), or the Railroad Unemployment Insurance Act (45 U.S.C. 
        351 et seq.) to an alien who is--
                  (i) lawfully present in the United States as 
                determined by the Attorney General; or
                  (ii) residing outside the United States.
  (4) For eligibility for benefits for the programs described in 
sections 15122(a)(1) and 15123(a)(1)(C) of this title, subsection (a) 
of this section does not apply to an individual who--
          (1) is an American Indian born in Canada to whom section 712 
        of this title applies; or
          (2) is a member of an Indian tribe (as defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450b(e))).
Sec. 15122. Limited ineligibility of qualified aliens for SSI and food 
                    stamps
  (a) General.--Except as otherwise provided in this section, an alien 
who is a qualified alien is not eligible for--
          (1) the supplemental security income program under title XVI 
        of the Social Security Act (42 U.S.C. 1381 et seq.), 
        including--
                  (A) supplementary payments under an agreement for 
                federal administration under section 1616(a) of the 
                Social Security Act (42 U.S.C. 1382e(a)); and
                  (B) payments under an agreement made under section 
                212(b) of the Act of July 9, 1973 (42 U.S.C. 1382 
                note); or
          (2) the food stamp program as defined in section 3(h) of the 
        Food Stamp Act of 1977 (7 U.S.C. 2012(h)).
  (b) Exception for Refugees and Asylees.--(1) For the supplemental 
security income program described in subsection (a)(1) of this section, 
subsection (a) of this section does not apply to an alien until 7 years 
after the date described in paragraph (3) of this subsection.
  (2) For the food stamp program described in subsection (a)(2) of this 
section, subsection (a) of this section does not apply to an alien 
until 5 years after the date described in paragraph (3) of this 
subsection.
  (3) The date referred to in paragraphs (1) and (2) of this subsection 
is the date--
          (A) the alien is admitted to the United States as a refugee 
        under section 5105 of this title;
          (B) the alien is granted asylum under section 5106 of this 
        title;
          (C) the alien's removal is withheld under section 6716(d) of 
        this title (or the alien's deportation was withheld under 
        section 243(h) of the Immigration and Nationality Act as in 
        effect immediately before April 1, 1997);
          (D) the alien is granted status as a Cuban or Hatian entrant 
        as defined in section 13151 of this title; or
          (E) the alien is admitted to the United States under chapter 
        47 of this title.
  (c) Exception for Certain Permanent Resident Aliens.--Subsection (a) 
of this section does not apply to an alien who--
          (1) is lawfully admitted for permanent residence under 
        subtitle II of this title; and
          (2)(A) has worked 40 qualifying quarters of coverage as 
        defined under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) or can be credited with the qualifying quarters as 
        provided in section 15182 of this title; and
          (B) in the case of a qualifying quarter creditable for a 
        period beginning after December 31, 1996, did not receive any 
        federal means-tested public benefit (as provided under section 
        15124 of this title) during the period.
  (d) Exception for Veterans and Active Duty Personnel.--Subsection (a) 
of this section does not apply to an alien who is lawfully residing in 
any State and is--
          (1) a veteran (as defined in section 101, 1101, or 1301 of 
        title 38, or as described in section 107 of title 38), with a 
        discharge characterized as an honorable discharge and not on 
        account of alienage, who fulfills the minimum active duty 
        service requirements of section 5303A(d) of title 38;
          (2) on active duty (except active duty for training) in the 
        armed forces of the United States; or
          (3)(A) the spouse or unmarried dependent child of an 
        individual described in clause (1) or (2) of this subsection; 
        or
          (B) the unremarried surviving spouse of an individual 
        described in clause (1) or (2) of this subsection who is 
        deceased, if the marriage fulfills the requirements of section 
        1304 of title 38.
  (e) Exception for Aliens Who Were Receiving SSI on August 22, 1996.--
For eligibility for benefits under the supplemental security income 
program described in subsection (a)(1) of this section, subsection (a) 
of this section does not apply to an alien who--
          (1) is lawfully residing in the United States; and
          (2) was receiving such benefits on August 22, 1996.
  (f) Exception for Disabled Aliens Who Were Lawfully Residing in the 
United States on August 22, 1996.--For eligibility for benefits under 
the supplemental security income program described in subsection (a)(1) 
of this section, subsection (a) of this section does not apply to an 
alien who--
          (1) was lawfully residing in the United States on August 22, 
        1996; and
          (2) is blind or disabled, as defined in section 1614(a)(2) or 
        1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)).
  (g) SSI Exception for Certain Indians.--For eligibility for benefits 
under the supplemental security income program described in subsection 
(a)(1) of this section, subsection (a) of this section does not apply 
to an individual who--
          (1) is an American Indian born in Canada to whom section 712 
        of this title applies; or
          (2) is a member of an Indian tribe (as defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450b(e))).
  (h) SSI Exception for Applications Filed Before 1979.--For 
eligibility for benefits under the supplemental security income program 
described in subsection (a)(1) of this section, subsection (a) of this 
section does not apply to an individual--
          (1) who is receiving the benefits for months after July 1996, 
        on the basis of an application filed before January 1, 1979; 
        and
          (2) for whom the Commissioner of Social Security lacks clear 
        and convincing evidence of ineligibility for benefits under 
        this section.
  (i) Transition for Aliens Currently Receiving SSI.--(1) During the 
period from August 22, 1996, through September 30, 1998, the 
Commissioner of Social Security shall redetermine the eligibility of 
each individual who, as of August 22, 1996, was receiving benefits 
under the program described in subsection (a)(1) of this section and 
whose eligibility for the benefits may terminate by reason of this 
section.
  (2) For a redetermination under paragraph (1) of this subsection, the 
Commissioner of Social Security shall apply the eligibility criteria 
for new applicants for benefits.
  (3) For an individual described in paragraph (1) of this subsection, 
this section, and the redetermination of eligibility under paragraph 
(1) of this subsection, shall only apply to benefits for months 
beginning after September 30, 1998.
  (j) Transition for Aliens Currently Receiving Food Stamps.--(1) For 
the food stamp program as defined in section 3(h) of the Food Stamp Act 
of 1977 (7 U.S.C. 2012(h)), ineligibility under subsection (a)(2) of 
this section does not apply until April 1, 1997, to an alien who 
received benefits under the program on August 22, 1996, unless the 
alien is determined to be ineligible to receive benefits under the Food 
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
  (2) The state agency shall recertify the eligibility of all aliens 
described in paragraph (1) of this subsection during the period from 
April 1, 1997, through August 22, 1997. For a recertification under 
this paragraph, the state agency shall apply the eligibility criteria 
for applicants for benefits under the program.
  (3) This section and the recertification under paragraph (2) of this 
section shall only apply to the eligibility of an alien for a program 
for months beginning on or after the date of recertification, if on 
August 22, 1996, the alien is--
          (A) lawfully residing in a State; and
          (B) receiving benefits under the program.
Sec. 15123. State authorization to determine eligibility of qualified 
                    aliens
  (a) General.--(1) Except as otherwise provided in this section and 
section 15124 of this title, a State may determine the eligibility of 
an alien who is a qualified alien for--
          (A) the program of block grants to States for temporary 
        assistance for needy families under part A of title IV of the 
        Social Security Act (42 U.S.C. 601 et seq.);
          (B) the program of block grants to States for social services 
        under title XX of the Act (42 U.S.C. 1397 et seq.); and
          (C) a state plan approved under title XIX of the Act (42 
        U.S.C. 1396 et seq.), except medical assistance described in 
        section 15121(b)(1)(A) of this title.
  (2) Qualified aliens under subsections (b)-(f) of this section are 
eligible for the programs described in paragraph (1) of this 
subsection.
  (b) Exception for Refugees and Asylees.--(1) For the program 
described in subsection (a)(1)(C) of this section, subsection (a)(1) of 
this section does not apply to a qualified alien until 7 years after 
the date described in paragraph (3) of this subsection.
  (2) For the programs described in subsection (a)(1) (A) and (B) of 
this section, subsection (a)(1) of this section does not apply to an 
alien until 5 years after the date described in paragraph (3) of this 
subsection.
  (3) The date referred to in paragraphs (1) and (2) of this subsection 
is the date--
          (A) the alien is admitted to the United States as a refugee 
        under section 5105 of this title;
          (B) the alien is granted asylum under section 5106 of this 
        title;
          (C) the alien's removal is withheld under section 6716(d) of 
        this title (or the alien's deportation was withheld under 
        section 243(h) of the Immigration and Nationality Act as in 
        effect immediately before April 1, 1997);
          (D) the alien is granted status as a Cuban or Hatian entrant 
        as defined in section 13151 of this title; or
          (E) the alien is admitted to the United States under chapter 
        47 of this title.
  (c) Exception for Certain Permanent Resident Aliens.--Subsection 
(a)(1) of this section does not apply to a qualified alien who--
          (1) is lawfully admitted for permanent residence under 
        subtitle II of this title; and
          (2)(A) has worked 40 qualifying quarters of coverage as 
        defined under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) or can be credited with the qualifying quarters as 
        provided in section 15182 of this title; and
          (B) in the case of a qualifying quarter creditable for a 
        period beginning after December 31, 1996, did not receive any 
        federal means-tested public benefit (as provided under section 
        15124 of this title) during the period.
  (d) Exception for Veterans and Active Duty Personnel.--Subsection 
(a)(1) of this section does not apply to a qualified alien who is 
lawfully residing in any State and is--
          (1) a veteran (as defined in section 101, 1101, or 1301 of 
        title 38, or as described in section 107 of title 38) with a 
        discharge characterized as an honorable discharge and not on 
        account of alienage, who fulfills the minimum active duty 
        service requirements of section 5303A(d) of title 38;
          (2) on active duty (except active duty for training) in the 
        armed forces of the United States; or
          (3)(A) the spouse or unmarried dependent child of an 
        individual described in clause (1) or (2) of this subsection; 
        or
          (B) the unremarried surviving spouse of an individual 
        described in clause (1) or (2) of this subsection who is 
        deceased, if the marriage fulfills the requirements of section 
        1304 of title 38.
  (e) Exception for Certain Indians.--For eligibility for benefits for 
the program described in subsection (a)(1)(C) of this section, 
subsection (a)(1) of this section does not apply to an individual who--
          (1) is an American Indian born in Canada to whom section 712 
        of this title applies; or
          (2) is a member of an Indian tribe (as defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450b(e))).
  (f) Medicaid Exception for Aliens Receiving SSI.--An alien who is 
receiving benefits under the program described in section 15122(a)(1) 
of this title is eligible for medical assistance under a state plan 
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) on 
the same terms that apply to other recipients of benefits under the 
program described in section 15122(a)(1).
Sec. 15124. Five-year ineligibility of qualified aliens for federal 
                    means-tested public benefit
  (a) General.--Except as provided in this section, an alien who is a 
qualified alien and who enters the United States after August 21, 1996, 
is not eligible for any federal means-tested public benefit for 5 years 
beginning on the date of the alien's entry into the United States with 
a status within the meaning of qualified alien.
  (b) Exception for Certain Assistance and Benefits.--Subsection (a) of 
this section does not apply to the following assistance and benefits:
          (1) medical assistance described in section 15121(b)(1)(A) of 
        this title.
          (2) short-term, non-cash, in-kind emergency disaster relief.
          (3) assistance or benefits under the National School Lunch 
        Act (42 U.S.C. 1751 et seq.).
          (4) assistance or benefits under the Child Nutrition Act of 
        1966 (42 U.S.C. 1771 et seq.).
          (5) public health assistance, not including assistance under 
        title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
        for immunizations with respect to immunizable diseases and for 
        testing and treatment of symptoms of communicable diseases 
        whether or not such symptoms are caused by a communicable 
        disease.
          (6) payments for foster care and adoption assistance under 
        parts B and E of title IV of the Social Security Act (42 U.S.C. 
        620 et seq. and 670 et seq.) for a parent or a child who would, 
        in the absence of subsection (a) of this section, be eligible 
        to have the payments made on the child's behalf, but only if 
        the foster or adoptive parent of the child is a qualified 
        alien.
          (7) programs, services, or assistance (such as soup kitchens, 
        crisis counseling and intervention, and short-term shelter) 
        specified by the Attorney General, in the Attorney General's 
        sole and unreviewable discretion after consultation with the 
        heads of appropriate federal departments, agencies, and 
        instrumentalities, that--
                  (A) deliver in-kind services at the community level, 
                including through public or private nonprofit agencies;
                  (B) do not condition the provision of assistance, the 
                amount of assistance provided, or the cost of 
                assistance provided on the individual recipient's 
                income or resources; and
                  (C) are necessary for the protection of life or 
                safety.
          (8) programs of student assistance under titles IV, V, IX, 
        and X of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
        seq., 1101 et seq., 1134 et seq., 1135 et seq.), and titles 
        III, VII, and VIII of the Public Health Service Act (42 U.S.C. 
        241 et seq., 292 et seq., 296 et seq.).
          (9) means-tested programs under the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.).
          (10) benefits under the Head Start Act (42 U.S.C. 9831 et 
        seq.).
          (11) benefits under the Job Training Partnership Act (29 
        U.S.C. 1501 et seq.).
  (c) Exception for Refugees and Asylees.--Subsection (a) of this 
section does not apply to an alien--
          (1) who is admitted to the United States as a refugee under 
        section 5105 of this title;
          (2) who is granted asylum under section 5106 of this title;
          (3) whose removal is being withheld under section 6716(d) of 
        this title (or whose deportation was withheld under section 
        243(h) of the Immigration and Nationality Act as in effect 
        immediately before April 1, 1997);
          (4) who is granted status as a Cuban or Hatian entrant as 
        defined in section 13151 of this title; or
          (5) who is admitted to the United States under chapter 47 of 
        this title.
  (d) Exception for Veterans and Active Duty Personnel.--Subsection (a) 
of this section does not apply to an alien who is lawfully residing in 
any State and is--
          (1) a veteran (as defined in section 101, 1101, or 1301 of 
        title 38, or as described in section 107 of title 38) with a 
        discharge characterized as an honorable discharge and not on 
        account of alienage, who fulfills the minimum active duty 
        service requirements of section 5303A(d) of title 38;
          (2) on active duty (except active duty for training) in the 
        armed forces of the United States; or
          (3)(A) the spouse or unmarried dependent child of an 
        individual described in clause (1) or (2) of this subsection; 
        or
          (B) the unremarried surviving spouse of an individual 
        described in clause (1) or (2) of this subsection who is 
        deceased, if the marriage fulfills the requirements of section 
        1304 of title 38.
  (e) Exception for Certain Indians.--For the programs specified in 
sections 15122(a)(1) and 15123(a)(1)(C) of this title, subsection (a) 
of this section does not apply to an individual described in section 
15122(g) of this title.
Sec. 15125. Attribution of sponsor's income and resources to alien in 
                    determining a federal means-tested public benefit
  (a) In General.--In determining the eligibility and the amount of 
benefit of an alien for any federal means-tested public benefit (as 
provided under section 15124 of this title), the income and resources 
of the alien are deemed to include the following:
          (1) The income and resources of any individual who executed 
        an affidavit of support under section 6331 of this title on 
        behalf of the alien.
          (2) The income and resources of the spouse (if any) of the 
        individual described in clause (1) of this subsection.
  (b) Duration of Attribution Period.--Subsection (a) of this section 
applies to an alien until the alien--
          (1) achieves United States citizenship through naturalization 
        under chapter 203 of this title; or
          (2)(A) has worked 40 qualifying quarters of coverage as 
        defined under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) or can be credited with the qualifying quarters as 
        provided in section 15182 of this title; and
          (B) in the case of a qualifying quarter creditable for a 
        period beginning after December 31, 1996, did not receive any 
        federal means-tested public benefit (as provided under section 
        15124 of this title) during the period.
  (c) Review of Income and Resources of Alien On Reapplication.--The 
applicable agency shall review the income and resources attributed to 
an alien under subsection (a) of this section, when the alien is 
required to reapply for benefits under any federal means-tested public 
benefits program.
  (d) Indigence Exception.--(1) For an alien for whom an affidavit of 
support under section 6331 of this title has been executed, if a 
determination described in paragraph (2) of this subsection is made, 
the amount of income and resources of the sponsor or the sponsor's 
spouse which is attributed to the sponsored alien may not exceed the 
amount actually provided for the 12-month period beginning on the date 
of the determination.
  (2) A determination described in this paragraph is a determination by 
an agency that a sponsored alien would, in the absence of the 
assistance provided by the agency, be unable to obtain food and 
shelter, taking into account the alien's own income, plus any cash, 
food, housing, or other assistance provided by other individuals, 
including the sponsor. The agency shall notify the Attorney General of 
each determination, including the names of the sponsor and the 
sponsored alien involved.
  (e) Special Rule for Battered Spouse and Child.--(1) Subject to 
paragraph (2) of this subsection and notwithstanding any other 
provision of this section, subsection (a) does not apply to benefits--
          (A) during a 12-month period if the alien demonstrates that--
                  (i)(I) the alien has been battered or subjected to 
                extreme cruelty in the United States by a spouse or a 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented to, or acquiesced in, the 
                battery or cruelty;
                  (II) the alien's child has been battered or subjected 
                to extreme cruelty in the United States by the spouse 
                or parent of the alien (without the active 
                participation of the alien in the battery or cruelty), 
                or by a member of the spouse's or parent's family 
                residing in the same household as the alien when the 
                spouse or parent consented to, or acquiesced in, and 
                the alien did not actively participate in, the battery 
                or cruelty; or
                  (III) the alien is a child whose parent (who resides 
                in the same household as the alien child) has been 
                battered or subjected to extreme cruelty in the United 
                States by that parent's spouse, or by a member of the 
                spouse's family residing in the same household as the 
                parent and the spouse consented to, or acquiesced in, 
                the battery or cruelty; and
                  (ii) the battery or cruelty (in the opinion of the 
                agency providing the public benefits, which opinion is 
                not subject to review by any court) has a substantial 
                connection to the need for the public benefits applied 
                for; and
          (B) after a 12-month period (regarding the batterer's income 
        and resources only) if the alien demonstrates that--
                  (i) the battery or cruelty under subclause (A) of 
                this paragraph has been recognized in an order of a 
                judge or administrative law judge or a prior 
                determination of the Immigration and Naturalization 
                Service; and
                  (ii) the battery or cruelty (in the opinion of the 
                agency providing the public benefits, which opinion is 
                not subject to review by any court) has a substantial 
                connection to the need for the benefits.
  (2) Paragraph (1) of this subsection does not apply to benefits for 
an alien during any period in which the individual responsible for the 
battery or cruelty resides in the same household or family eligibility 
unit as the individual who was subjected to the battery or cruelty.
Sec. 15126. Derivative eligibility for benefits
  An alien who is ineligible under this chapter for benefits under the 
food stamp program (as described in section 15122(a)(2) of this title) 
is not eligible for the benefits because the alien receives benefits 
under the supplemental security income program (as described in section 
15122(a)(1) of this title).

            SUBCHAPTER III--STATE AND LOCAL PUBLIC BENEFITS

Sec. 15141. Definition
  For purposes of this subchapter ``state or local public benefit''--
          (1) means--
                  (A) a grant, contract, loan, professional license, or 
                commercial license provided by an agency of a state or 
                local government or by appropriated amounts of a state 
                or local government; and
                  (B) a retirement, welfare, health, disability, public 
                or assisted housing, postsecondary education, food 
                assistance, unemployment, or other similar benefit for 
                which payments or assistance are provided to an 
                individual, household, or family eligibility unit by an 
                agency of a state or local government or by 
                appropriated amounts of a state or local government; 
                but
          (2) does not apply to--
                  (A) a contract, professional license, or commercial 
                license for a nonimmigrant whose visa for entry is 
                related to such employment in the United States, or to 
                a citizen of a freely associated state, if section 141 
                (or a successor provision) of the applicable compact of 
                free association, approved under the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1901 et seq.) or 
                under the Act of November 14, 1986 (48 U.S.C. 1931 et 
                seq.), is in effect;
                  (B) benefits for an alien who, as a work authorized 
                nonimmigrant or as an alien lawfully admitted for 
                permanent residence under subtitle II of this title, 
                qualified for the benefits and for whom the United 
                States under reciprocal treaty agreements is required 
                to pay the benefits, as determined by the Secretary of 
                State, after consultation with the Attorney General; or
                  (C) any federal public benefit under section 15102(a) 
                of this title.
Sec. 15142. Ineligibility of aliens who are not qualified aliens or 
                    nonimmigrants
  (a) General.--Except as provided in this section, an alien is not 
eligible for any state or local public benefit if the alien is not--
          (1) a qualified alien;
          (2) a nonimmigrant under this title; or
          (3) an alien who is paroled into the United States under 
        section 6121 of this title for less than one year.
  (b) Exceptions.--Subsection (a) of this section does not apply with 
respect to the following state or local public benefits:
          (1) assistance for health care items and services that are 
        necessary for the treatment of an emergency medical condition 
        (as defined in section 1903(v)(3) of the Social Security Act 
        (42 U.S.C. 1396b(v)(3))) of the alien involved and are not 
        related to an organ transplant procedure.
          (2) short-term, non-cash, in-kind emergency disaster relief.
          (3) public health assistance for immunizations with respect 
        to immunizable diseases and for testing and treatment of 
        symptoms of communicable diseases whether or not such symptoms 
        are caused by a communicable disease.
          (4) programs, services, or assistance (such as soup kitchens, 
        crisis counseling and intervention, and short-term shelter) 
        specified by the Attorney General, in the Attorney General's 
        sole and unreviewable discretion after consultation with the 
        heads of appropriate federal departments, agencies, and 
        instrumentalities, that--
                  (A) deliver in-kind services at the community level, 
                including through public or private nonprofit agencies;
                  (B) do not condition the provision of assistance, the 
                amount of assistance provided, or the cost of 
                assistance provided on the individual recipient's 
                income or resources; and
                  (C) are necessary for the protection of life or 
                safety.
  (c) State Authority To Provide for Eligibility of Illegal Aliens for 
State and Local Public Benefits.--A State may provide that an alien who 
is not lawfully present in the United States is eligible for a state or 
local public benefit for which the alien would otherwise be ineligible 
under subsection (a) of this section only through the enactment, after 
August 22, 1996, of a state law which affirmatively provides for the 
eligibility.
Sec. 15143. Ineligibility of aliens not lawfully present on basis of 
                    residence for higher education benefits
  An alien who is not lawfully present in the United States is not 
eligible on the basis of residence within a State or a political 
subdivision of a State for any postsecondary education benefit provided 
after June 30, 1998, unless a national of the United States is eligible 
for the benefit (in no less an amount, duration, and scope) without 
regard to whether the national is a resident of the State or a 
political subdivision of the State.
Sec. 15144. State authority to limit eligibility of qualified aliens 
                    for state public benefits
  (a) General.--Except as provided in this section, a State may 
determine the eligibility for any state public benefit of an alien who 
is--
          (1) a qualified alien;
          (2) a nonimmigrant under this title; or
          (3) an alien who is paroled into the United States under 
        section 6121 of this title for less than one year.
  (b) Exception for Refugees and Asylees.--A qualified alien is 
eligible for any state public benefit--
          (1) until 5 years after the date--
                  (A) the alien is admitted to the United States as a 
                refugee under section 5105 of this title;
                  (B) the alien is granted asylum under section 5106 of 
                this title;
                  (C) the alien's removal is withheld under section 
                6716(d) of this title (or the alien's deportation was 
                withheld under section 243(h) of the Immigration and 
                Nationality Act as in effect immediately before April 
                1, 1997); or
                  (D) the alien is granted status as a Cuban or Hatian 
                entrant as defined in section 13151 of this title; or
          (2) if the alien is admitted to the United States under 
        chapter 47 of this title.
  (c) Exception for Certain Permanent Resident Aliens.--A qualified 
alien is eligible for any state public benefit if the alien--
          (1) is lawfully admitted for permanent residence under 
        subtitle II of this title; and
          (2)(A) has worked 40 qualifying quarters of coverage as 
        defined under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) or can be credited with the qualifying quarters as 
        provided in section 15182 of this title; and
          (B) in the case of a qualifying quarter creditable for a 
        period beginning after December 31, 1996, did not receive any 
        federal means-tested public benefit (as provided under section 
        15124 of this title) during the period.
  (d) Exception for Veterans and Active Duty Personnel.--A qualified 
alien is eligible for any state public benefit if the alien is lawfully 
residing in any State and is--
          (1) a veteran (as defined in section 101, 1101, or 1301 of 
        title 38, or as described in section 107 of title 38) with a 
        discharge characterized as an honorable discharge and not on 
        account of alienage, who fulfills the minimum active duty 
        service requirements of section 5303A(d) of title 38;
          (2) on active duty (except active duty for training) in the 
        armed forces of the United States; or
          (3)(A) the spouse or unmarried dependent child of an 
        individual described in clause (1) or (2) of this subsection; 
        or
          (B) the unremarried surviving spouse of an individual 
        described in clause (1) or (2) of this subsection who is 
        deceased, if the marriage fulfills the requirements of section 
        1304 of title 38.
Sec. 15145. Authority of States and political subdivisions of States to 
                    limit assistance to aliens and to distinguish among 
                    classes of aliens in providing general cash public 
                    assistance
  (a) General.--Subject to subsection (b) of this section, a State or 
political subdivision of a State may prohibit or otherwise limit or 
restrict the eligibility of aliens or classes of aliens for programs of 
general cash public assistance furnished under the law of the State or 
a political subdivision of a State.
  (b) Limitation.--The authority provided for under subsection (a) of 
this section may be exercised only to the extent that any prohibitions, 
limitations, or restrictions imposed by a State or political 
subdivision of a State are not more restrictive than the prohibitions, 
limitations, or restrictions imposed under comparable federal programs. 
For purposes of this section, attribution to an alien of a sponsor's 
income and resources (as described in section 15125 of this title) for 
purposes of determining eligibility for, and the amount of, benefits 
shall be considered less restrictive than a prohibition of eligibility 
for those benefits.
Sec. 15146. Attribution of sponsor's income and resources to alien with 
                    respect to state programs
  (a) Optional Application to State Programs.--Except as provided in 
subsection (b) of this section, in determining the eligibility and the 
amount of benefits of an alien for any state or local public benefits, 
the State or political subdivision that offers the benefits may provide 
that the income and resources of the alien shall be deemed to include 
the income and resources of--
          (1) an individual who executed an affidavit of support on 
        behalf of the alien under section 6331 of this title; and
          (2) the spouse of an individual described in clause (1) of 
        this subsection.
  (b) Exceptions.--Subsection (a) of this subsection does not apply 
with respect to the following state or local public benefits:
          (1) assistance described in section 15142(b)(1) of this 
        title.
          (2) short-term, non-cash, in-kind emergency disaster relief.
          (3) programs comparable to assistance or benefits under the 
        National School Lunch Act (42 U.S.C. 1751 et seq.).
          (4) programs comparable to assistance or benefits under the 
        Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
          (5) public health assistance for immunizations with respect 
        to immunizable diseases and for testing and treatment of 
        symptoms of communicable diseases whether or not the symptoms 
        are caused by a communicable disease.
          (6) payments for foster care and adoption assistance.
          (7) programs, services, or assistance (such as soup kitchens, 
        crisis counseling and intervention, and short-term shelter) 
        specified by the Attorney General of a State, after 
        consultation with the heads of appropriate departments, 
        agencies, and instrumentalities, that--
                  (A) deliver in-kind services at the community level, 
                including through public or private nonprofit agencies;
                  (B) do not condition the provision of assistance, the 
                amount of assistance provided, or the cost of 
                assistance provided on the individual recipient's 
                income or resources; and
                  (C) are necessary for the protection of life or 
                safety.
Sec. 15147. Authority to verify eligibility for State and local public 
                    benefits
  A State or political subdivision of a State may require an applicant 
for a state or local public benefit to provide proof of eligibility.

             SUBCHAPTER IV--VERIFICATION AND COMMUNICATION

Sec. 15161. Verification of eligibility for federal public benefits
  (a) In General.--(1)(A) No later than February 22, 1998, the Attorney 
General, after consultation with the Secretary of Health and Human 
Services, shall prescribe regulations requiring verification that an 
individual applying for a federal public benefit, to which the 
limitation under section 15121(a) and (b)(1)-(3) of this title applies, 
is a qualified alien and is eligible to receive the benefit. The 
regulations, to the extent feasible, shall require that information 
requested and exchanged be similar in form and manner to information 
requested and exchanged under section 1137 of the Social Security Act 
(42 U.S.C. 1320b-7).
  (B) No later than November 3, 1997, the Attorney General, after 
consultation with the Secretary, shall issue interim verification 
guidance.
  (2) No later than February 22, 1998, the Attorney General, in 
consultation with the Secretary, shall also establish procedures for an 
individual applying for a federal public benefit to provide proof of 
citizenship in a fair and nondiscriminatory manner.
  (3) No later than November 3, 1997, the Attorney General shall 
prescribe regulations that set forth the procedures by which a state or 
local government, for purposes of determining whether the alien is 
eligible for benefits under section 15142 of this title, can verify 
whether an alien applying for a state or local public benefit is a 
qualified alien, a nonimmigrant under this title, or an alien paroled 
into the United States under section 6121 of this title for less than 
one year.
  (b) State Compliance.--No later than 24 months after the date the 
regulations described in subsection (a) are adopted, a State that 
administers a program that provides a federal public benefit shall have 
in effect a verification system that complies with the regulations.
Sec. 15162. Nonprofit charitable organizations not required to verify 
                    eligibility for federal public benefits or State or 
                    local public benefits
  Subject to section 15161(a) of this title, a nonprofit charitable 
organization, in providing any federal public benefit or any state or 
local public benefit (as defined in section 15141 of this title), is 
not required under this chapter to determine, verify, or otherwise 
require proof of eligibility of any applicant for the benefits.
Sec. 15163. Communication between State and local governmental entities 
                    and the Immigration and Naturalization Service
  Notwithstanding any other provision of federal, state, or local law, 
a state or local governmental entity may not be prohibited, or in any 
way restricted, from sending to, or receiving from, the Immigration and 
Naturalization Service information about the immigration status, lawful 
or unlawful, of an alien in the United States.
Sec. 15164. Notification and information reporting
  Each federal department, agency, or instrumentality that administers 
a program to which subchapter II of this chapter applies shall, 
directly or through the States, post information and provide general 
notification to the public and to program recipients of changes in 
program eligibility under subchapter II.

                      SUBCHAPTER V--MISCELLANEOUS

Sec. 15181. Statutory construction
  (a) Limitation.--(1) Nothing in this chapter may be construed as an 
entitlement or a determination of an individual's eligibility or 
fulfillment of the requisite requirements for any federal, state, or 
local governmental program, assistance, or benefits. For purposes of 
this chapter, eligibility relates only to the general issue of 
eligibility or ineligibility on the basis of alienage.
  (2) Nothing in this chapter may be construed as addressing alien 
eligibility for a basic public education as determined by the Supreme 
Court in Plyler v. Doe, 457 U.S. 202 (1982).
  (b) Applicable Only to Aliens Present in United States.--The 
limitations on eligibility for benefits under this chapter do not apply 
to the eligibility for benefits of an alien who is not residing, or 
present, in the United States with respect to--
          (1) wages, pensions, annuities, and other earned payments to 
        which the alien is entitled resulting from employment, by or on 
        behalf of a federal, state, or local government agency, that 
        was not prohibited under this title during the period of the 
        employment or service; or
          (2) benefits under laws administered by the Secretary of 
        Veterans Affairs.
  (c) Not Applicable to Foreign Assistance.--This chapter does not 
apply to any federal, state, or local governmental program, assistance, 
or benefits provided to an alien under any program of foreign 
assistance as determined by the Secretary of State in consultation with 
the Attorney General.
Sec. 15182. Qualifying quarters of coverage under the Social Security 
                    Act
  (a) Crediting Quarters From Parent or Spouse.--For purposes of this 
chapter, in determining the number of qualifying quarters of coverage 
under title II of the Social Security Act (42 U.S.C. 401 et seq.), an 
alien shall be credited with--
          (1) all the qualifying quarters of coverage worked by a 
        parent of the alien before the date on which the alien attains 
        18 years of age; and
          (2) all the qualifying quarters of coverage worked by the 
        spouse of the alien during their marriage if--
                  (A) the alien remains married to the spouse; or
                  (B) the spouse is deceased.
  (b) Limitation.--A qualifying quarter of coverage that is creditable 
under title II of the Social Security Act (42 U.S.C. 401 et seq.) for a 
period beginning after December 31, 1996, may not be credited to an 
alien under subsection (a) of this section if the parent or spouse of 
the alien received a federal means-tested public benefit (as provided 
under section 15124 of this title) during the period for which the 
qualifying quarter is credited.
  (c) Authorization To Disclose Information.--Notwithstanding section 
6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103), the 
Commissioner of Social Security may disclose quarters of coverage 
information about an alien and an alien's spouse or parents to a 
government agency for the purposes of this chapter.
Sec. 15183. Child nutrition programs
  (a) School Lunch and Breakfast Programs.--Notwithstanding any other 
provision of this chapter, an individual who is eligible to receive 
free public education benefits under state or local law is not 
ineligible to receive benefits provided under the school lunch program 
under the National School Lunch Act (42 U.S.C. 1751 et seq.) or the 
school breakfast program under section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) on the basis of citizenship, alienage, or 
immigration status.
  (b) Other Programs.--This chapter does not prohibit or require a 
State to provide, to an individual who is not a citizen or a qualified 
alien, benefits under any of the following programs or provisions of 
law:
          (1) Programs (except the school lunch program and the school 
        breakfast program) under the National School Lunch Act (42 
        U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 
        U.S.C. 1771 et seq.).
          (2) Section 4 of the Agriculture and Consumer Protection Act 
        of 1973 (7 U.S.C. 612c note).
          (3) The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c 
        note).
          (4) The food distribution program on Indian reservations 
        established under section 4(b) of the Food Stamp Act of 1977 (7 
        U.S.C. 2013(b)).

                SUBTITLE V--CITIZENSHIP AND NATIONALITY

Chapter                                                             Sec.

CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION.20101
NATURALIZATION ELIGIBILITY.........................................20301
NATURALIZATION PROCEDURE...........................................20501
LOSS OF NATIONALITY................................................20701
NATIONALITY DOCUMENTS..............................................20901
MISCELLANEOUS......................................................21101

   CHAPTER 201--CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE 
                             NATURALIZATION

Sec.
20101.  Individuals born in the United States.
20102.  Individuals born in American Samoa.
20103.  Individuals found in the United States or American Samoa.
20104.  Individuals born outside the United States and American Samoa.
20105.  Individuals born out of wedlock.
20106.  Individuals born in the Republic of Panama or the Canal Zone.
20107.  Noncitizen Indians born in Alaska after March 29, 1867, and 
          before June 2, 1924.
20108.  Citizens of the Republic of Hawaii and individuals born in 
          Hawaii after August 11, 1898, and before April 30, 1900.
20109.  Individuals residing in or born in Guam after April 10, 1899, 
          and before August 1, 1950.
20110.  Individuals born in Puerto Rico after April 10, 1899, and before 
          January 13, 1941.
20111.  Individuals born in or residing in the Virgin Islands after 
          January 17, 1917, and before June 28, 1932.
Sec. 20101. Individuals born in the United States
  (a) Citizen at Birth.--The following individuals are citizens of the 
United States at birth:
          (1) An individual born in, and subject to the jurisdiction 
        of, the United States.
          (2) An individual born in the United States to a member of an 
        Indian, Eskimo, Aleutian, or other aboriginal tribe.
  (b) Property Rights Not Affected.--Subsection (a)(2) of this section 
does not affect property rights.
Sec. 20102. Individuals born in American Samoa
  (a) Citizen at Birth.--An individual born in American Samoa is a 
citizen of the United States at birth if one of the individual's 
parents is a citizen of the United States who was physically present in 
the United States or American Samoa for at least one continuous year 
before the individual's birth.
  (b) National, but Not Citizen, at Birth.--An individual born in 
American Samoa who is not a citizen of the United States at birth under 
subsection (a) of this section is a national, but not a citizen, of the 
United States at birth.
Sec. 20103. Individuals found in the United States or American Samoa
  (a) Citizen at Birth.--An individual of unknown parents found in the 
United States before becoming 5 years of age is a citizen of the United 
States at birth unless shown, before the individual becomes 21 years of 
age, that the individual was not born in the United States.
  (b) National, but Not Citizen, at Birth.--An individual of unknown 
parents found in American Samoa before becoming 5 years of age is a 
national, but not a citizen, of the United States at birth unless 
shown, before the individual becomes 21 years of age, that the 
individual was not born in American Samoa.
Sec. 20104. Individuals born outside the United States and American 
                    Samoa
  (a) Citizen at Birth.--An individual born outside the United States 
and American Samoa is a citizen of the United States at birth if--
          (1) both parents are citizens of the United States and at 
        least one parent had a residence in the United States or 
        American Samoa before the individual's birth;
          (2) one parent is a national, but not a citizen, of the 
        United States and the other parent is a citizen of the United 
        States who was physically present in the United States or 
        American Samoa for at least one continuous year before the 
        individual's birth; or
          (3) one parent is an alien and the other parent is a citizen 
        of the United States who, before the individual's birth, was 
        physically present in the United States or American Samoa for 
        at least 5 years, at least 2 of which were after the citizen 
        parent became 14 years of age.
  (b) National, but Not Citizen, at Birth.--(1) An individual born 
outside the United States and American Samoa is a national, but not a 
citizen, of the United States at birth if--
          (A) both parents are nationals, but not citizens, of the 
        United States who had a residence in the United States or 
        American Samoa before the individual's birth; or
          (B) one parent is an alien and the other parent is a 
        national, but not a citizen, of the United States who, before 
        the individual's birth, was physically present in the United 
        States or American Samoa for at least 7 years in any continuous 
        10-year period--
                  (i) during which the national parent was not outside 
                the United States and American Samoa for more than one 
                continuous year; and
                  (ii) at least 5 years of which were after the 
                national parent became 14 years of age.
  (2) An individual born before August 27, 1986, is a national, but not 
a citizen, of the United States under paragraph (1)(B) of this 
subsection only as of the date the individual satisfies the Secretary 
of State that the individual meets the requirements of paragraph 
(1)(B).
  (c) Time Outside the United States Included in Period of Presence.--
In subsections (a)(3) and (b)(1)(B) of this section, the period of 
physical presence includes, for an individual born after December 23, 
1952, any period the citizen parent or national parent spent outside 
the United States and American Samoa--
          (1) serving honorably in the armed forces of the United 
        States or employed by the Federal Government or an 
        international organization; or
          (2) as a dependent unmarried son or daughter and member of 
        the household of an individual serving honorably in the armed 
        forces or employed by the Government or an international 
        organization.
  (d) Individual Born Between 1941 and 1952.--Subsection (a)(3) of this 
section also applies to an individual if--
          (1) the individual was born outside the United States and 
        American Samoa after January 12, 1941, and before December 24, 
        1952;
          (2) one of the individual's parents is a citizen of the 
        United States who served in the armed forces of the United 
        States after December 31, 1946, and before December 24, 1952; 
        and
          (3) the individual did not become a citizen under section 
        201(g) or (i) of the Nationality Act of 1940 (ch. 876, 54 Stat. 
        1139).
  (e) Individual Born Before May 24, 1934, Whose Mother Was Citizen.--
(1) An individual is a citizen of the United States at birth if--
          (A) the individual was born before noon (Eastern Standard 
        Time) May 24, 1934, outside the limits and jurisdiction of the 
        United States;
          (B) the individual's father was an alien; and
          (C) the individual's mother was a citizen of the United 
        States at the time of the individual's birth and had resided in 
        the United States before the individual's birth.
  (2) When an individual is claiming citizenship of the United States 
based on descent from an individual described in paragraph (1) of this 
subsection, any law that provided for loss of citizenship or 
nationality for failure to come to, reside in, or be physically present 
in the United States does not apply, including--
          (A) the provisos of section 201(g) of the Nationality Act of 
        1940 (ch. 876, 54 Stat. 1139); and
          (B) section 301(b) of the Immigration and Nationality Act 
        (ch. 477, 66 Stat. 236) as in effect before October 10, 1978.
  (3)(A) Except as provided in subparagraphs (B) and (C) of this 
paragraph, the immigration laws of the United States shall be applied 
to an individual as though paragraphs (1) and (2) of this subsection 
had been in effect on the date of the individual's birth.
  (B) Retroactive application of paragraphs (1) and (2) of this 
subsection does not affect the citizenship of an individual who 
obtained citizenship under section 1993 of the Revised Statutes as in 
effect before May 24, 1934.
  (C) Retroactive application of paragraphs (1) and (2) of this 
subsection does not confer citizenship on, or affect the validity of 
any denaturalization, exclusion, deportation, or removal action 
against, an individual who--
          (i) is ineligible for admission to the United States under 
        section 6311 of this title or was excludable from the United 
        States under any predecessor provision; or
          (ii) was excluded from, or would have been ineligible for 
        admission to, the United States under the Displaced Persons Act 
        of 1948 (ch. 647, 62 Stat. 1009) or section 14 of the Refugee 
        Relief Act of 1953 (ch. 336, 67 Stat. 406).
  (4) This subsection does not affect the application of any provision 
of law related to residence or physical presence in the United States 
for purposes of granting United States citizenship to an individual 
whose claim is based on paragraph (1) of this subsection or through 
whom the claim is derived.
Sec. 20105. Individuals born out of wedlock
  (a) Nationality at Birth Through Mother.--An individual born out of 
wedlock outside the United States after December 23, 1952, is--
          (1) a citizen of the United States at birth if the mother is 
        a citizen of the United States who was physically present in 
        the United States or American Samoa for at least one continuous 
        year before the individual's birth; or
          (2) a national, but not a citizen, of the United States at 
        birth if the mother is a national, but not a citizen, of the 
        United States who was physically present in the United States 
        or American Samoa for at least one continuous year before the 
        individual's birth.
  (b) Nationality at Birth Through Father.--(1) Sections 20102(a) and 
20104(a), (b)(1)(A), and (c) of this title apply to an individual born 
out of wedlock after December 23, 1952, if--
          (A) a blood relationship between the individual and the 
        father is established by clear and convincing evidence;
          (B) the father--
                  (i) is a citizen of the United States or a national, 
                but not a citizen, of the United States when the 
                individual is born; and
                  (ii) if alive when the individual is born, agrees in 
                writing to provide financial support for the individual 
                until the individual is 18 years of age; and
          (C) before the individual becomes 18 years of age--
                  (i) the individual is legitimated under the law of 
                the individual's residence or domicile;
                  (ii) the father acknowledges paternity in writing 
                under oath; or
                  (iii) a court of competent jurisdiction establishes 
                paternity.
  (2) Section 20104(a)(3) and (c) of this title applies to an 
individual born out of wedlock after January 12, 1941, and before 
December 24, 1952, if paternity is established and the individual is 
legitimated before becoming 21 years of age.
Sec. 20106. Individuals born in the Republic of Panama or the Canal 
                    Zone
  (a) Individual Born in Republic of Panama.--An individual born in the 
Republic of Panama after February 25, 1904, is a citizen of the United 
States at birth if one parent is a citizen of the United States 
employed by the Federal Government or the Panama Canal Commission or 
its successor when the individual is born.
  (b) Individual Born in Canal Zone.--An individual born in the Canal 
Zone after February 25, 1904, and before October 1, 1979, is a citizen 
of the United States at birth if one parent was a citizen of the United 
States when the individual was born.
Sec. 20107. Noncitizen Indians born in Alaska after March 29, 1867, and 
                    before June 2, 1924
  A noncitizen Indian born in Alaska after March 29, 1867, and before 
June 2, 1924, is a citizen of the United States as of June 2, 1924.
Sec. 20108. Citizens of the Republic of Hawaii and individuals born in 
                    Hawaii after August 11, 1898, and before April 30, 
                    1900
  The following individuals are citizens of the United States as of 
April 30, 1900:
          (1) a citizen of the Republic of Hawaii on August 12, 1898.
          (2) an individual born in Hawaii after August 11, 1898, and 
        before April 30, 1900.
Sec. 20109. Individuals residing in or born in Guam after April 10, 
                    1899, and before August 1, 1950
  (a) Citizenship.--Except as provided in this section, the following 
individuals are citizens of the United States as of August 1, 1950:
          (1) a Spanish subject or an individual born in Guam who 
        resided in Guam on April 11, 1899, and continued to reside in 
        the United States or a territory or possession of the United 
        States through August 1, 1950.
          (2) an individual born after April 11, 1899, and before 
        August 1, 1950, whose parents are citizens under clause (1) of 
        this subsection.
          (3) an individual born in Guam after April 10, 1899, and 
        before August 1, 1950, and subject to the jurisdiction of the 
        United States.
  (b) Individual Who Took Affirmative Step To Preserve or Acquire 
Nationality of a Foreign Country.--Subsection (a) of this section does 
not apply to an individual who took an affirmative step to preserve or 
acquire the nationality of a foreign country before August 1, 1950.
  (c) Individual Who Declared Desire To Remain a National of a Foreign 
Country.--An individual under this section who was a national of a 
foreign country before August 1, 1950, and who declared under oath 
before August 1, 1952, in a way prescribed by the Attorney General, a 
desire to remain a national of the foreign country is not a national of 
the United States as of the date the declaration is made.
Sec. 20110. Individuals born in Puerto Rico after April 10, 1899, and 
                    before January 13, 1941
  An individual is a citizen of the United States as of January 13, 
1941, if the individual was--
          (1) born in Puerto Rico after April 10, 1899, and before 
        January 13, 1941;
          (2) subject to the jurisdiction of the United States; and
          (3) residing in the United States or a territory or 
        possession of the United States on January 13, 1941.
Sec. 20111. Individuals born in or residing in the Virgin Islands after 
                    January 17, 1917, and before June 28, 1932
  The following individuals are citizens of the United States as of 
February 25, 1927:
          (1) an individual born in the Virgin Islands who--
                  (A) resided in the Virgin Islands on January 17, 
                1917, resided in the United States on February 25, 
                1927, and was not a citizen or subject of a foreign 
                country on February 25, 1927;
                  (B) resided in the United States on January 17, 1917, 
                resided in the Virgin Islands on February 25, 1927, and 
                was not a citizen or subject of a foreign country on 
                February 25, 1927;
                  (C) resided in the continental United States or a 
                territory or possession of the United States on June 
                28, 1932, and was not a citizen or subject of a foreign 
                country on June 28, 1932; or
                  (D) after January 16, 1917, and before February 25, 
                1927, was subject to the jurisdiction of the United 
                States.
          (2) a citizen of Denmark who--
                  (A) resided in the Virgin Islands on January 17, 
                1917;
                  (B) resided in the United States on February 25, 
                1927; and
                  (C) did not make the declaration to preserve Danish 
                citizenship under article 6 of the treaty of August 4, 
                1916, between the United States and Denmark, or made 
                the declaration and renounced it, or renounces it by a 
                declaration before a court of record.
          (3) an individual born after January 17, 1917, and before 
        February 25, 1927, whose parents are citizens of the United 
        States under clause (1) or (2) of this section.

                CHAPTER 203--NATURALIZATION ELIGIBILITY

                        SUBCHAPTER I--ELIGIBILITY

Sec.
20301.  General requirements.
20302.  Temporary absences for certain employment.
20303.  Temporary absences to perform religious functions.
20304.  Individuals married to citizens of the United States.
20305.  Children born of an alien parent and a citizen parent.
20306.  Children born of alien parents or a parent who lost citizenship.
20307.  Children having a citizen parent at time of application.
20308.  Disabled and elderly individuals.
20309.  Individuals employed by United States nonprofit organizations 
          disseminating information.
20310.  Individuals making extraordinary contributions to the security 
          of the United States.
20311.  Spouses and children of aliens who participated in United States 
          intelligence activities.
20312.  Individuals with service on American vessels.
20313.  Individuals with 3 years of service in the armed forces.
20314.  Individuals with service in the armed forces during war or 
          military hostilities.
20315.  Posthumous naturalization of individuals who die during service 
          in the armed forces during war or military hostilities.
20316.  Individuals who lost citizenship by entering the armed forces of 
          a foreign country.
20317.  Alien enemies.
20318.  Individuals born outside the United States who lost citizenship 
          by not coming to the United States.
20319.  Women who lost citizenship through marriage.
20320.  Nationals residing in American Samoa.
20321.  Philippine citizens who entered before May 1, 1934.

                      SUBCHAPTER II--INELIGIBILITY

20331.  Individuals dangerous to the welfare, safety, and security of 
          the United States.
20332.  Deserters and draft evaders.
20333.  Aliens exempted or discharged from the armed forces or the 
          National Security Training Corps.

                       SUBCHAPTER I--ELIGIBILITY

Sec. 20301. General requirements
  (a) Naturalization Requirements.--Except as otherwise provided, an 
individual may be naturalized as a citizen of the United States only if 
the individual satisfies the following requirements:
          (1) The individual must be at least 18 years of age when the 
        application for naturalization is filed.
          (2) The individual must be lawfully admitted for permanent 
        residence.
          (3) The individual must have resided in the United States, 
        after being lawfully admitted for permanent residence, 
        continuously for at least 5 years immediately before filing the 
        application.
          (4) The individual must have been physically present in the 
        United States for at least half of the 5 years immediately 
        before filing the application.
          (5) The individual must have resided in the State or district 
        of the Immigration and Naturalization Service in the United 
        States in which the application is filed for at least 3 months 
        immediately before filing the application.
          (6) The individual must reside in the United States 
        continuously from the date of filing the application through 
        the time the individual is naturalized.
          (7) The individual must be able to demonstrate an 
        understanding of the English language, including the ability to 
        speak words in ordinary usage and the ability to read and write 
        simple words and phrases in ordinary usage, without 
        extraordinary or unreasonable conditions being required.
          (8) The individual must be able to demonstrate knowledge and 
        understanding of the fundamentals of the history, and of the 
        principles and form of government, of the United States.
          (9) The individual must have been of good moral character, 
        attached to the principles of the Constitution, and well 
        disposed to the good order and happiness of the United States 
        for at least 5 years immediately before filing the application, 
        and remain so from the date of filing the application through 
        the time the individual is naturalized.
  (b) Conduct More Than 5 Years Before Application Filed.--Conduct more 
than 5 years before an application is filed may be considered in 
deciding whether an individual satisfies the requirements of subsection 
(a)(9) of this section.
  (c) Temporary Absences.--(1) An absence from the United States of not 
more than 6 months does not break the continuity of residence required 
under subsection (a) of this section.
  (2) An absence of more than 6 months but less than one year breaks 
the continuity of residence, unless the individual satisfies the 
Attorney General that the individual did not abandon residence in the 
United States during the absence.
  (3) Except as otherwise provided, an absence of one year breaks the 
continuity of residence.
  (d) Prohibition on Discrimination.--The right of an individual to be 
naturalized as a citizen of the United States may not be denied or 
abridged because of race or sex or because the individual is married.
Sec. 20302. Temporary absences for certain employment
  (a) Residence.--An individual temporarily absent from the United 
States (even though for a year or more) is deemed to be residing in the 
United States under section 20301(a)(3) and (6) of this title during 
the absence if--
          (1) the individual has resided and been physically present in 
        the United States, after being lawfully admitted for permanent 
        residence, continuously for at least one year;
          (2) after the one-year period described in clause (1) of this 
        subsection--
                  (A) the individual is employed by or under a contract 
                with the Federal Government;
                  (B) the individual is employed by or under a contract 
                with, and carrying out scientific research for, a 
                United States research institution recognized by the 
                Attorney General;
                  (C)(i) the individual is employed by a United States 
                firm or corporation developing foreign trade and 
                commerce of the United States, or by a subsidiary of 
                the firm or corporation more than 50 percent of the 
                stock of which is owned by the firm or corporation; and
                  (ii) the individual is developing foreign trade and 
                commerce of the United States or the individual's 
                residence outside the United States is necessary to 
                protect the property rights of the firm or corporation 
                in a foreign country; or
                  (D) the individual--
                          (i) is employed by a public international 
                        organization of which the United States is a 
                        member by treaty or law; and
                          (ii) was not employed by the organization 
                        until after being lawfully admitted for 
                        permanent residence;
          (3) before beginning the employment and before the end of one 
        year of continuous absence from the United States, the 
        individual satisfies the Attorney General that the absence will 
        be for a purpose described in clause (2) of this subsection; 
        and
          (4) the individual satisfies the Attorney General that the 
        absence was for the purpose for which the absence was approved.
  (b) Physical Presence.--(1) Except as provided in paragraph (2) of 
this subsection, an individual satisfying subsection (a) of this 
section still must satisfy the physical presence requirement of section 
20301(a)(4) of this title.
  (2) An individual employed by or under a contract with the Government 
and satisfying subsection (a) of this section does not have to satisfy 
the physical presence requirement of section 20301(a)(4) of this title.
  (3) An individual employed by or under a contract with the Central 
Intelligence Agency may satisfy the physical presence requirement of 
subsection (a)(1) of this section by physical presence at any time 
before filing the application for naturalization.
  (c) Spouses, Unmarried Sons, and Unmarried Daughters.--A spouse, 
unmarried son, or unmarried daughter of an individual satisfying 
subsection (a) of this section is entitled to the same benefits under 
subsection (a) as the individual during the period the spouse, son, or 
daughter resided outside the United States as a dependent member of the 
household of the individual.
Sec. 20303. Temporary absences to perform religious functions
  An individual temporarily absent from the United States is deemed to 
be residing and physically present in the United States under section 
20301(a)(3), (4), and (6) of this title during the absence if the 
individual--
          (1) has resided and been physically present in the United 
        States, after being lawfully admitted for permanent residence, 
        continuously for at least one year before filing the 
        application for naturalization;
          (2)(A) is authorized to perform the ministerial or priestly 
        functions of a religious denomination having a bona fide 
        organization in the United States; or
          (B) is serving only as a missionary, brother, nun, or sister 
        of a religious denomination or an interdenominational mission 
        organization having an organization in the United States; and
          (3) satisfies the Attorney General that the absence was only 
        to perform the functions or service described in clause (2) of 
        this section.
Sec. 20304. Individuals married to citizens of the United States
  (a) General.--An individual married to a citizen of the United States 
may be naturalized without regard to section 20301(a)(3) or (4) of this 
title if the individual--
          (1) resided in the United States, after being lawfully 
        admitted for permanent residence, continuously for at least 3 
        years immediately before filing the application for 
        naturalization;
          (2) lived in marriage with the citizen spouse for the 3-year 
        period, with the spouse being a citizen during all of that 
        period; and
          (3) was physically present in the United States for at least 
        half of the 3-year period.
  (b) Citizen Spouses Employed Outside United States.--An individual 
married to a citizen of the United States may be naturalized without 
regard to section 20301(a) (3)-(6) of this title if--
          (1) the citizen spouse is--
                  (A) employed by the Federal Government;
                  (B) employed by a United States research institution 
                recognized by the Attorney General;
                  (C) employed by a United States firm or corporation 
                developing foreign trade and commerce of the United 
                States or by a subsidiary of the firm or corporation;
                  (D) employed by a public international organization 
                of which the United States is a member by treaty or 
                law;
                  (E) authorized to perform the ministerial or priestly 
                functions of a religious denomination having a bona 
                fide organization in the United States; or
                  (F) serving only as a missionary of a religious 
                denomination or an interdenominational mission 
                organization having a bona fide organization in the 
                United States;
          (2) the citizen spouse is regularly stationed outside the 
        United States in the employment or activity described in clause 
        (1) of this subsection;
          (3) the individual declares in good faith to the Attorney 
        General an intention to reside in the United States immediately 
        after the employment or activity of the citizen spouse outside 
        the United States ends; and
          (4) the individual is in the United States at the time of 
        naturalization.
  (c) Surviving Spouses of Citizens in Armed Forces.--(1) An individual 
may be naturalized without regard to section 20301(a) (3)-(6) of this 
title if--
          (A) the individual is the surviving spouse of a citizen of 
        the United States who died when serving honorably on active 
        duty in the armed forces of the United States; and
          (B) the individual and the citizen spouse were living in 
        marriage at the time of the death.
  (2) This subsection does not apply to an individual who is the 
surviving spouse of a citizen granted citizenship posthumously under 
section 20315 of this title.
Sec. 20305. Children born of an alien parent and a citizen parent
  (a) General.--A child born outside the United States, one of whose 
parents at the time of the child's birth was an alien and the other of 
whose parents at the time of the child's birth was a citizen of the 
United States and remains a citizen, is naturalized as a citizen of the 
United States when the following events occur, if they occur before the 
child becomes 18 years of age:
          (1) The alien parent is naturalized.
          (2) The child begins residing in the United States after 
        being lawfully admitted for permanent residence.
  (b) Adopted Child.--Subsection (a) of this section applies to an 
adopted child only if the child, at the time of the naturalization of 
the alien parent, is--
          (1) in the custody of the adoptive parents; and
          (2) residing in the United States after being lawfully 
        admitted for permanent residence.
Sec. 20306. Children born of alien parents or a parent who lost 
                    citizenship
  (a) General.--A child born outside the United States of alien 
parents, or of one alien parent and one parent who was a citizen of the 
United States at the time of the child's birth but later lost 
citizenship, is naturalized as a citizen of the United States when the 
following events occur, if they before the child becomes 18 years of 
age:
          (1)(A) Both parents are naturalized;
          (B) the surviving parent is naturalized if one parent is 
        deceased;
          (C) the parent with legal custody is naturalized if the 
        parents are legally separated; or
          (D) the mother is naturalized if the child was born out of 
        wedlock and paternity is not established by legitimation.
          (2) The child begins residing in the United States after 
        being lawfully admitted for permanent residence.
  (b) Adopted Child.--Subsection (a) of this section applies to an 
adopted child only if the child, at the time of the naturalization of 
the alien parent or parents, is--
          (1) in the custody of the adoptive parents; and
          (2) residing in the United States after being lawfully 
        admitted for permanent residence.
Sec. 20307. Children having a citizen parent at time of application
  (a) Filing of Application.--A parent who is a citizen of the United 
States may file an application with the Attorney General for a 
certificate of citizenship for a child born outside the United States. 
The application may be filed outside the United States.
  (b) Requirements.--The Attorney General shall approve the application 
if satisfied that--
          (1) the parent is a citizen of the United States;
          (2) the child is--
                  (A) less than 18 years of age;
                  (B) lawfully admitted to, and physically present in, 
                the United States; and
                  (C) in the legal custody of the citizen parent;
          (3) if the child is adopted, the child--
                  (A) was adopted under 16 years of age by the citizen 
                parent; and
                  (B) meets the requirements of section 108(a) (5) or 
                (6) of this title; and
          (4) if the citizen parent has not been physically present in 
        the United States or American Samoa for at least 5 years, at 
        least 2 of which were after becoming 14 years of age--
                  (A) the child is residing permanently in the United 
                States with the citizen parent after being lawfully 
                admitted for permanent residence; or
                  (B) a citizen parent of the citizen parent has been 
                physically present in the United States or American 
                Samoa for at least 5 years, at least 2 of which were 
                after becoming 14 years of age.
  (c) Oath.--The child must take, and sign, in front of an immigration 
officer in the United States the oath required by section 20509 of this 
title, unless waived under section 20509(c).
  (d) Certificate of Citizenship.--When the requirements of this 
section are met, the child becomes a citizen of the United States and 
shall be issued a certificate of citizenship by the Attorney General.
Sec. 20308. Disabled and elderly individuals
  (a) Disabled Individuals.--An individual may be naturalized without 
regard to section 20301(a) (7) or (8) of this title if the individual 
is unable to satisfy those requirements because of physical or 
developmental disability or mental impairment.
  (b) Elderly Individuals.--(1) An individual may be naturalized 
without regard to section 20301(a)(7) of this title if, on the date the 
application for naturalization is filed, the individual is--
          (A) at least 50 years of age and has lived in the United 
        States for at least 20 years after being lawfully admitted for 
        permanent residence; or
          (B) at least 55 years of age and has lived in the United 
        States for at least 15 years after being lawfully admitted for 
        permanent residence.
  (2) The Attorney General shall prescribe regulations providing for 
special consideration (as decided by the Attorney General) in 
satisfying section 20301(a)(8) of this title for an individual who, on 
the date the application for naturalization is filed, is at least 65 
years of age and has lived in the United States for at least 20 years 
after being lawfully admitted for permanent residence.
Sec. 20309. Individuals employed by United States nonprofit 
                    organizations disseminating information
  An individual may be naturalized without regard to section 
20301(a)(3)-(6) of this title if the individual--
          (1) is employed by a nonprofit organization incorporated in 
        the United States that is principally engaged outside the 
        United States in disseminating, through communication media, 
        information significantly promoting United States interests 
        outside the United States and that is recognized by the 
        Attorney General;
          (2) has been employed by the organization continuously for at 
        least 5 years after being lawfully admitted for permanent 
        residence;
          (3) files the application for naturalization when employed by 
        the organization or within 6 months after ending the 
        employment;
          (4) is in the United States at the time of naturalization; 
        and
          (5) declares in good faith to the Attorney General an 
        intention to reside in the United States immediately after the 
        employment ends.
Sec. 20310. Individuals making extraordinary contributions to the 
                    security of the United States
  (a) Residence and Physical Presence.--(1) An individual may be 
naturalized without regard to section 20301(a) (3)-(6) of this title 
if--
          (A) the Director of Central Intelligence, the Attorney 
        General, and the Commissioner of Immigration and Naturalization 
        decide that the individual has made an extraordinary 
        contribution to the security of the United States or to the 
        conduct of United States intelligence activities; and
          (B) the individual resides in the United States continuously 
        for at least one year before being naturalized.
  (2) This section does not apply to an individual described in section 
5106(b)(2) (A)-(E) of this title.
  (b) Nonapplication of Certain Grounds of Inadmissibility.--Section 
20331 of this title does not apply to an individual described in 
subsection (a) of this section.
  (c) Administration of Oath.--An applicant for naturalization under 
this section may be administered the oath required by section 20509 of 
this title by any district court of the United States, without regard 
to the residence of the applicant. A proceeding under this subsection 
shall be conducted in a manner consistent with the protection of 
intelligence sources, methods, and activities.
  (d) Numerical Limit.--Not more than 5 individuals may be naturalized 
in a fiscal year under this section.
  (e) Notice to Congressional Committees.--The Director shall inform 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate and the Permanent Select Committee on Intelligence and 
the Committee on the Judiciary of the House of Representatives within a 
reasonable time before an application is filed under this section.
Sec. 20311. Spouses and children of aliens who participated in United 
                    States intelligence activities
  (a) Definitions.--In this section--
          (1) ``child'' has the same meaning given that term in section 
        108(b)(1) (A)-(E) of this title, without regard to age or 
        marital status.
          (2) ``spouse'' means the wife or husband of a deceased alien 
        referred to in subsection (b) of this section who was married 
        to the alien during the time the alien participated in the 
        conduct of United States intelligence activities.
  (b) Residence and Physical Presence.--(1) An individual may be 
naturalized without regard to section 20301(a) (3)-(6) of this title 
if--
          (A) the individual is the spouse or child of a deceased alien 
        whose death resulted from the intentional and unauthorized 
        disclosure of classified information regarding the alien's 
        participation in the conduct of United States intelligence 
        activities;
          (B) after being lawfully admitted for permanent residence, 
        the individual resides in the United States continuously for at 
        least one year before being naturalized; and
          (C) the Director of Central Intelligence, the Attorney 
        General, and the Commissioner of Immigration and Naturalization 
        approve.
  (2) This section does not apply to an individual described in section 
5106(b)(2) (A)-(E) of this title.
  (c) Nonapplication of Certain Grounds of Inadmissibility.--Section 
20331 of this title does not apply to an individual described in 
subsection (b) of this section.
  (d) Administration of Oath.--An applicant for naturalization under 
this section may be administered the oath required by section 20509 of 
this title by the Attorney General or any district court of the United 
States, without regard to the residence of the applicant. A proceeding 
under this subsection shall be conducted in a manner consistent with 
the protection of intelligence sources, methods, and activities.
Sec. 20312. Individuals with service on American vessels
  (a) Definition.--In this section, ``American vessel'' means a 
vessel--
          (1)(A) operated by the Federal Government; and
          (B) the full legal and equitable title to which is held by 
        the Government; or
          (2)(A) whose home port is in the United States; and
          (B)(i) documented under chapter 121 of title 46; or
          (ii) the full legal and equitable title to which is held by a 
        citizen of the United States or a corporation organized under 
        the laws of a State.
  (b) Residence and Physical Presence.--An individual serving honorably 
or with good conduct in any capacity (except as a member of the armed 
forces of the United States) on an American vessel is deemed to be 
residing and physically present in the United States under section 
20301(a) (3), (4), and (6) of this title during the period of service 
if the service is--
          (1) after the individual has been lawfully admitted for 
        permanent residence; and
          (2) within 5 years immediately before the date the individual 
        files an application for naturalization.
  (c) Proof of Service on Vessel.--Service on a vessel described in 
subsection (a)(1) of this section shall be proved by a certificate from 
the department, agency, or instrumentality in the executive branch of 
the Government having custody of the records of the service. Service on 
a vessel described in subsection (a)(2) of this section may be proved 
by a certificate from the master of the vessel.
Sec. 20313. Individuals with 3 years of service in the armed forces
  (a) Residence and Physical Presence.--(1) Except as provided in 
paragraph (2) of this subsection, an individual may be naturalized 
without regard to section 20301(a) (3)-(5) of this title if the 
individual--
          (A) has served honorably in the armed forces of the United 
        States for periods totaling at least 3 years;
          (B) has never been discharged from the service except 
        honorably; and
          (C) files an application for naturalization when still in the 
        service or within 6 months after being discharged from the 
        service.
  (2) If the service was not continuous, the individual must establish 
the individual's residence in the United States and the State or 
district of the Immigration and Naturalization Service in the United 
States in which the application is filed for--
          (A) any period between periods of service during the 5 years 
        immediately before filing the application; and
          (B) any period between the end of the individual's service 
        and the filing of the application.
  (b) Proof of Honorable Service.--(1) Before a hearing on the 
individual's application, the individual shall provide the Attorney 
General with a certificate from the appropriate executive department of 
the Federal Government showing that--
          (A) the individual served honorably during all periods on 
        which the individual relies for naturalization under this 
        section; and
          (B) the individual has never been discharged from the service 
        except honorably.
  (2) A certificate under paragraph (1) of this subsection is 
conclusive evidence of the service and discharge.
  (c) Proof of Good Moral Character, Attachment to Principles, and 
Favorable Disposition.--Proof of honorable service under this section 
is proof that the individual was of good moral character, attached to 
the principles of the Constitution of the United States, and well 
disposed to the good order and happiness of the United States during 
the period of the service.
  (d) Effect of Finding of Deportability.--Notwithstanding section 
20504(b) of this title, an individual may be naturalized immediately 
under this section if the individual is in the armed forces when being 
naturalized and was examined by a representative of the Service before 
filing an application for naturalization.
  (e) Applications Filed More Than 6 Months After Discharge.--An 
individual who satisfies subsection (a)(1)(A) and (B) of this section, 
but files an application for naturalization more than 6 months after 
being discharged, is deemed to be residing and physically present in 
the United States during any periods of service within 5 years 
immediately before filing the application.
Sec. 20314. Individuals with service in the armed forces during war or 
                    military hostilities
  (a) General.--Notwithstanding sections 20317 and 20504(b) of this 
title, an individual may be naturalized without regard to section 
20301(a)(1) and (3)-(6) of this title if--
          (1) the individual served honorably on active duty in the 
        armed forces of the United States as an alien or as a national, 
        but not a citizen, of the United States at any time during a 
        period--
                  (A) from April 6, 1917, through November 11, 1918;
                  (B) from September 1, 1939, through December 31, 
                1946;
                  (C) from June 25, 1950, through July 1, 1955;
                  (D) from February 28, 1961, through October 15, 1978; 
                or
                  (E) the President designates by executive order as a 
                period in which the armed forces are engaged in 
                military operations involving armed conflict with a 
                hostile foreign force;
          (2) the individual was--
                  (A) in the United States or American Samoa at the 
                time of enlistment or induction into the armed forces;
                  (B) in the Canal Zone at the time of enlistment or 
                induction if the enlistment or induction was before 
                October 1, 1979; or
                  (C) lawfully admitted for permanent residence after 
                the enlistment or induction; and
          (3) the individual, if discharged from the armed forces, was 
        discharged honorably.
  (b) Service in Regular Army Under the Act of June 30, 1950.--(1) 
Notwithstanding sections 20317 and 20504(b) of this title, an 
individual may be naturalized without regard to section 20301(a)(1) and 
(3)-(6) of this title if the individual--
          (A) enlisted or re-enlisted as an alien in the Regular Army 
        under the Act of June 30, 1950 (ch. 443, 64 Stat. 316);
          (B) served at least 5 years in the Regular Army; and
          (C) was discharged honorably from the Regular Army.
  (2) An individual described in paragraph (1) of this subsection is 
deemed to have been lawfully admitted for permanent residence if the 
individual--
          (A) entered the United States, American Samoa, or the Canal 
        Zone under military orders after enlistment; and
          (B) is otherwise eligible to be naturalized.
  (c) Period of Service Available Only Once.--A period of service in 
the armed forces may not be used as the basis for naturalization under 
this section if the individual has been naturalized previously because 
of the same period of service.
  (d) Proof of Honorable Service and Discharge.--Service required by 
this section shall be proved by a certificate from the executive 
department of the Federal Government under which the individual served. 
The head of the executive department shall decide, and the certificate 
shall state, whether the individual served honorably on active duty 
during a period specified in this section and was discharged honorably. 
An individual's service and discharge are not honorable under this 
section if the individual was discharged from the armed forces because 
of alienage or was a conscientious objector who performed no active 
duty or refused to wear the uniform.
Sec. 20315. Posthumous naturalization of individuals who die during 
                    service in the armed forces during war or military 
                    hostilities
  (a) Granting Citizenship.--The Attorney General shall grant 
posthumous citizenship, as of the time of death, to an individual 
eligible under subsection (b) of this section if the Attorney General 
approves a request for posthumous citizenship for the individual under 
subsection (c) of this section.
  (b) Eligibility.--(1) An individual is eligible for posthumous 
citizenship under this section if the individual--
          (A) served honorably on active duty in the armed forces of 
        the United States as an alien or as a national, but not a 
        citizen, of the United States during any period described in 
        section 20314(a)(1) of this title;
          (B) died as a result of injury or disease incurred in or 
        aggravated by that service; and
          (C) satisfied the requirements of section 20314(a)(2) of this 
        title.
  (2) The head of the executive department of the Federal Government 
under which the individual served shall decide whether the individual 
satisfied the requirements of paragraph (1)(A) and (B) of this 
subsection.
  (c) Requests.--A request to grant posthumous citizenship to an 
individual under this section may be filed only by an individual who 
is, as defined by the Attorney General, the next of kin or another 
representative. The Attorney General shall approve the request if--
          (1) the request is filed not later than 2 years after the 
        date of the individual's death;
          (2) the request includes a certificate from the executive 
        department under which the individual served stating that the 
        individual satisfied the requirements of subsection (b)(1)(A) 
        and (B) of this section; and
          (3) the Attorney General finds that the individual satisfied 
        the requirements of subsection (b)(1)(C) of this section.
  (d) Documentation.--If the Attorney General approves a request under 
this section, the Attorney General shall provide the individual who 
filed the request with a document stating that the Government considers 
the individual for whom the request was filed to have been a citizen of 
the United States at the time of the individual's death.
  (e) No Benefits to Survivors.--The granting of posthumous citizenship 
to an individual under this section does not provide any benefits under 
this title for any relative of the individual.
Sec. 20316. Individuals who lost citizenship by entering the armed 
                    forces of a foreign country
  (a) General.--An individual may be naturalized without regard to 
section 20301(a)(3)-(6) or (9) of this title if--
          (1) the individual, when a citizen of the United States, 
        served in the armed forces of a foreign country at any time 
        during the period from September 1, 1939, through September 2, 
        1945;
          (2) that foreign country was at war with a foreign country 
        with which the United States was at war after December 7, 1941, 
        and before September 2, 1945;
          (3) the individual lost citizenship of the United States by 
        entering, serving in, or taking an oath or obligation to enter 
        or serve in, those armed forces;
          (4) the individual intends to reside permanently in the 
        United States; and
          (5) the individual has been of good moral character, attached 
        to the principles of the Constitution, and well disposed to the 
        good order and happiness of the United States for at least 5 
        years immediately before taking the oath required for 
        naturalization.
  (b) Previous Status Reacquired.--An individual naturalized under this 
section or section 323 of the Nationality Act of 1940 (ch. 876, 54 
Stat. 1149) has, from the date of naturalization, the same status as a 
citizen at birth or a naturalized citizen that the individual had 
before losing citizenship. Naturalization of the individual does not 
confer citizenship retroactively on the individual for the period that 
the individual was not a citizen of the United States.
  (c) Nonapplication to Certain Individuals.--This section does not 
apply to an individual who served in the armed forces of a foreign 
country at any time during the period from September 1, 1939, through 
September 2, 1945, when that country was at war with the United States.
Sec. 20317. Alien enemies
  (a) When Individual Is Alien Enemy.--In this section, an alien enemy 
is an individual who is a native, citizen, subject, or denizen of a 
country or sovereignty at war with the United States. That individual 
ceases to be an alien enemy when the hostilities between the United 
States and the individual's country or sovereignty are declared ended 
by proclamation of the President or concurrent resolution of Congress.
  (b) Specific Conditions for Naturalization.--An alien enemy may be 
naturalized as a citizen of the United States only if--
          (1) the alien enemy's application for naturalization was 
        filed before the war began, except that the Attorney General 
        may waive this requirement;
          (2) the alien enemy's loyalty is established on investigation 
        by the Attorney General; and
          (3) the alien enemy is otherwise eligible to be naturalized.
  (c) Notice and Continuance.--An examination or hearing on an alien 
enemy's application for naturalization may be held only after 90 days' 
notice to the Attorney General. If the Attorney General objects to 
consideration of the application, the application shall be continued 
for as long as the Attorney General requires.
  (d) Lawful Apprehension and Removal Allowed.--This section does not 
prevent the lawful apprehension and removal of an alien enemy.
Sec. 20318. Individuals born outside the United States who lost 
                    citizenship by not coming to the United States
  (a) General.--An individual may be naturalized by taking the oath 
required for naturalization, without filing an application for 
naturalization or complying with any other requirement for 
naturalization, if the individual--
          (1) was a citizen of the United States at birth;
          (2) lost that citizenship by failing to comply with the 
        physical presence requirement of section 301(b) of the 
        Immigration and Nationality Act (ch. 477, 66 Stat. 236) as in 
        effect before October 10, 1978; and
          (3) is not ineligible to be naturalized under section 20331 
        of this title.
  (b) Oath Procedure.--(1) An individual satisfying subsection (a) of 
this section may take the oath--
          (A) in the United States before the Attorney General or a 
        judge or a clerk of a court described in section 20511 of this 
        title; or
          (B) outside the United States before a diplomatic or consular 
        officer.
  (2) The Attorney General, court, embassy, legation, or consulate, as 
appropriate, shall--
          (A) enter the oath in the records of the Attorney General, 
        court, embassy, legation, or consulate; and
          (B) deliver to the individual, on the individual's request, a 
        certified copy of the proceedings and oath, under seal of the 
        Department of Justice, court, embassy, legation, or consulate, 
        at a cost of not more than $5.
  (3) A certified copy of the proceedings and oath delivered under 
paragraph (2) of this subsection is evidence of the facts stated in the 
copy in any court of record, judicial tribunal, or federal department, 
agency, or instrumentality.
  (c) Previous Status Reacquired.--An individual naturalized under this 
section has, from the date of naturalization, the status of a citizen 
of the United States at birth. Naturalization of the individual does 
not confer citizenship on the individual retroactively for any period 
that the individual was not a citizen of the United States.
Sec. 20319. Women who lost citizenship through marriage
  (a) General.--(1) A woman may be naturalized without regard to 
section 20301(a)(3)-(6) of this title if she--
          (A) lost citizenship of the United States--
                  (i) by marrying an alien before September 22, 1922;
                  (ii) by marrying after September 21, 1922, an alien 
                who was ineligible to become a citizen of the United 
                States; or
                  (iii) through her husband's loss of citizenship of 
                the United States before September 22, 1922; and
          (B) has taken no affirmative action to acquire the 
        nationality of another country except by marriage.
  (2) A woman described in paragraph (1) of this subsection may be 
naturalized without regard to section 20301(a)(2) of this title if she 
has resided in the United States continuously since the date of her 
marriage.
  (b) Naturalization on Taking Oath for Certain Women.--(1) A woman may 
be naturalized by taking the oath required for naturalization, without 
filing an application for naturalization or complying with any other 
requirement for naturalization, if--
          (A) she was a citizen of the United States at birth;
          (B) she lost that citizenship by marrying--
                  (i) an alien before September 22, 1922; or
                  (ii) after September 21, 1922, an alien who was 
                ineligible to become a citizen of the United States;
          (C) her marriage to that alien ended after January 12, 1941;
          (D) she has taken no affirmative action to acquire the 
        nationality of another country except by marriage; and
          (E) she is not ineligible to be naturalized under section 
        20331 of this title.
  (2) A woman satisfying paragraph (1) of this subsection may take the 
oath--
          (A) in the United States before the Attorney General or a 
        judge or a clerk of a court described in section 20511 of this 
        title; or
          (B) outside the United States before a diplomatic or consular 
        officer.
  (3) The Attorney General, court, embassy, legation, or consulate, as 
appropriate, shall--
          (A) enter the oath in the records of the Attorney General, 
        court, embassy, legation, or consulate; and
          (B) deliver to the woman, on her request, a certified copy of 
        the proceedings and oath, under seal of the Department of 
        Justice, court, embassy, legation, or consulate, at a cost of 
        not more than $5.
  (4) A certified copy of the proceedings and the oath delivered under 
paragraph (3) of this subsection is evidence of the facts stated in the 
copy in any court of record, judicial tribunal, or federal department, 
agency, or instrumentality.
  (c) Previous Status Reacquired.--A woman naturalized under this 
section or section 317(a) or (b) of the Nationality Act of 1940 (ch. 
876, 54 Stat. 1146) has, from the date of naturalization, the same 
status as a citizen at birth or a naturalized citizen that she had 
before losing citizenship. Naturalization of the woman does not confer 
citizenship on the woman retroactively for any period that she was not 
a citizen of the United States.
Sec. 20320. Nationals residing in American Samoa
  Residence and physical presence in American Samoa are deemed to be 
residence and physical presence in the United States under section 
20301(a)(3), (4), and (6) of this title for an individual who--
          (1) is a national, but not a citizen, of the United States; 
        and
          (2) becomes a resident of a State.
Sec. 20321. Philippine citizens who entered before May 1, 1934
  An individual who was a citizen of the Commonwealth of the 
Philippines on July 2, 1946, entered the United States before May 1, 
1934, and has resided in the United States continuously since entry, is 
deemed to have been lawfully admitted for permanent residence.

                      SUBCHAPTER II--INELIGIBILITY

Sec. 20331. Individuals dangerous to the welfare, safety, and security 
                    of the United States
  (a) Grounds for Disallowing Naturalization.--An individual may not be 
naturalized as a citizen of the United States if, at any time during 
the 10 years before filing the application for naturalization or from 
the filing of the application through the time the individual is 
naturalized, the individual--
          (1) advocates establishing--
                  (A) a totalitarian communist dictatorship in a 
                country through an internationally coordinated 
                communist movement; or
                  (B) a totalitarian dictatorship in the United States;
          (2) advocates or teaches--
                  (A) opposition to all organized government;
                  (B) the overthrow by unconstitutional means of the 
                Federal Government or of all forms of law;
                  (C) the duty, necessity, or propriety of unlawfully 
                assaulting or killing a particular officer or officers 
                generally of an organized government because of the 
                official position of the officer or officers;
                  (D) unlawfully damaging or destroying property; or
                  (E) sabotage;
          (3) writes, publishes, causes to be written or published, 
        knowingly distributes, prints, displays, or causes to be 
        distributed, printed, published, or displayed, or knowingly 
        possesses to publish, distribute, or display, written 
        material--
                  (A) advocating or teaching opposition to all 
                organized government; or
                  (B) advocating--
                          (i) the overthrow by unconstitutional means 
                        of the Federal Government or of all forms of 
                        law;
                          (ii) the duty, necessity, or propriety of 
                        unlawfully assaulting or killing of a 
                        particular officer or officers generally of an 
                        organized government because of the official 
                        position of the officer or officers;
                          (iii) unlawfully damaging or destroying 
                        property;
                          (iv) sabotage;
                          (v) establishing a totalitarian communist 
                        dictatorship in a country through an 
                        internationally coordinated communist movement; 
                        or
                          (vi) establishing a totalitarian dictatorship 
                        in the United States; or
          (4) is a member of or affiliated with--
                  (A) the Communist Party of the United States;
                  (B) another totalitarian party of the United States;
                  (C) the Communist Political Association;
                  (D) the Communist or another totalitarian party of a 
                State, a foreign country, or a political or 
                geographical subdivision of a foreign country;
                  (E) a section, subsidiary, branch, affiliate, or 
                subdivision of an organization described in subclauses 
                (A)-(D) of this clause (4);
                  (F) the direct predecessor or successor of an 
                organization described in subclauses (A)-(D) of this 
                clause (4), regardless of the name the organization 
                uses or used;
                  (G) an organization advocating establishing a 
                totalitarian communist dictatorship in a country 
                through an internationally coordinated communist 
                movement, or establishing a totalitarian dictatorship 
                in the United States, through--
                          (i) the organization's statements; or
                          (ii) written material issued or published 
                        under the authority of or with the consent of 
                        the organization, or paid for by money provided 
                        by the organization;
                  (H) an organization advocating or teaching--
                          (i) opposition to all organized government;
                          (ii) the overthrow by unconstitutional means 
                        of the Federal Government or of all forms of 
                        law;
                          (iii) the duty, necessity, or propriety of 
                        unlawfully assaulting or killing a particular 
                        officer or officers generally of an organized 
                        government because of the official position of 
                        the officer or officers;
                          (iv) unlawfully damaging or destroying 
                        property; or
                          (v) sabotage; or
                  (I) an organization writing, distributing, printing, 
                publishing, displaying, causing to be written, 
                distributed, printed, published, or displayed, or 
                possessing to distribute, publish, issue, or display, 
                written material described in clause (3) of this 
                subsection.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an individual who satisfies the Attorney General that the individual's 
membership or affiliation with an organization described in subsection 
(a)--
          (1) is or was involuntary;
          (2) ended before the individual's 16th birthday;
          (3) is or was by operation of law; or
          (4) was for the purpose of, and necessary for, obtaining 
        employment, food rations, or other essentials of living.
Sec. 20332. Deserters and draft evaders
  An individual convicted of desertion under section 885 of title 10 or 
of draft evasion under section 12(h) of the Military Selective Service 
Act (50 App. U.S.C. 462(h)) is ineligible to become a citizen of the 
United States.
Sec. 20333. Aliens exempted or discharged from the armed forces or the 
                    National Security Training Corps
  (a) General.--Except as provided in subsection (b) of this section, 
an alien who applies for and is granted an exemption or discharge from 
serving or training in the armed forces of the United States or the 
National Security Training Corps because of alienage is ineligible to 
become a citizen of the United States. Records of the Selective Service 
System and the Department of Defense are conclusive about whether the 
alien was granted an exemption or discharge because of alienage.
  (b) Exemption Provided Under Treaty.--An alien exercising a right 
under a treaty to be exempted from serving or training in the armed 
forces of the United States is not ineligible under this section or any 
other law to become a citizen of the United States if, before 
exercising the right, the alien served in the armed forces of a foreign 
country of which the alien was a national.

                 CHAPTER 205--NATURALIZATION PROCEDURE

Sec.
20501.  Authority to naturalize.
20502.  Declarations of intention.
20503.  Applications for naturalization.
20504.  Proof of lawful entry and effect of removal proceedings.
20505.  Investigations.
20506.  Examinations.
20507.  Hearings before immigration officers.
20508.  Judicial review.
20509.  Oath requirement.
20510.  Methods of oath administration.
20511.  Court authority to administer oaths.
20512.  Address to newly naturalized citizens.
20513.  Duties of Attorney General when court is to administer oath.
20514.  Forms and records.
20515.  Fees.
Sec. 20501. Authority to naturalize
  (a) Authority of Attorney General.--Only the Attorney General has 
authority to naturalize an individual as a citizen of the United 
States.
  (b) Only Procedure.--An individual may be naturalized as a citizen of 
the United States only as provided in this subtitle.
Sec. 20502. Declarations of intention
  (a) General.--An individual at least 18 years of age who is residing 
in the United States as an alien lawfully admitted for permanent 
residence may make a declaration of intention to be naturalized as a 
citizen of the United States. However, a declaration is not required 
for naturalization, does not confer nationality or the right to 
nationality on an alien, and is not evidence of lawful admission for 
permanent residence.
  (b) Procedure.--(1) A declaration under this section must be filed 
with the Attorney General in duplicate, accompanied by an application 
for the declaration. The application must be approved by the Attorney 
General.
  (2) The application must include 3 identical photographs of the 
alien. One photograph shall be attached to the declaration issued by 
the Attorney General and the others to the copies of the declaration 
retained by the Attorney General.
  (c) Replacement Declaration.--The Attorney General shall issue a new 
declaration to an alien applying to replace a declaration that the 
Attorney General finds is lost, destroyed, or mutilated, and if 
mutilated, is surrendered to the Attorney General. A person coming into 
possession of a declaration that was lost shall surrender the 
declaration to the Attorney General.
Sec. 20503. Applications for naturalization
  (a) General.--An application for naturalization must be filed--
          (1) with the Attorney General, in the office of the 
        Immigration and Naturalization Service for the district in 
        which the individual resides; and
          (2) in person, except when the Attorney General decides the 
        individual has an illness or other disability sufficiently 
        incapacitating to prevent the individual from filing in person.
  (b) Form and Contents.--The application for naturalization must--
          (1) include a statement that the individual has been lawfully 
        admitted for permanent residence;
          (2) include a statement of facts the Attorney General 
        believes may be material to the individual's naturalization and 
        required to be proved under this subtitle;
          (3) include 3 identical photographs of the individual signed 
        by the individual;
          (4) be sworn to by the individual; and
          (5) be signed by the individual if physically able to write.
  (c) Early Filing for Individuals Subject to Continuous Residence 
Requirement.--An individual subject to a continuous residence 
requirement under chapter 203 of this title may file an application for 
naturalization not more than 3 months before the date the individual 
would first satisfy that requirement.
  (d) Transfer to Another District.--If an individual applying for 
naturalization moves from the district of the Service in the United 
States in which the application is pending, the individual may request 
the Attorney General to transfer the application to another district. 
If the Attorney General transfers the application, the proceedings on 
the application shall continue as though the application had been filed 
originally in the district to which it is transferred.
  (e) Withdrawal and Lack of Prosecution.--An application for 
naturalization may be withdrawn only with the consent of the Attorney 
General. If the Attorney General does not consent to the withdrawal, 
the application shall be decided on its merits. If the applicant does 
not prosecute the application, the Attorney General may dismiss it for 
lack of prosecution. If the Attorney General does not dismiss the 
application for lack of prosecution, it shall be decided on its merits.
Sec. 20504. Proof of lawful entry and effect of removal proceedings
  (a) Proof of Lawful Entry.--An applicant for naturalization has the 
burden of proving that the applicant entered the United States 
lawfully. To prove a lawful entry, the applicant is entitled to the 
production of--
          (1) the applicant's immigrant visa or other entry document; 
        and
          (2) any other record in the custody of the Attorney General 
        related to the applicant's entry that the Attorney General does 
        not consider confidential.
  (b) Effect of Removal Proceedings.--(1) Except as provided in 
sections 20313(d) and 20314 of this title--
          (A) an application for naturalization may not be considered 
        if a removal proceeding is pending under an arrest warrant; and
          (B) an individual may not be naturalized as a citizen of the 
        United States if a final finding of deportability is 
        outstanding under an arrest warrant.
  (2) The Attorney General's findings in ending removal proceedings or 
canceling removal are not binding in deciding whether an individual 
satisfies the eligibility requirements for naturalization.
Sec. 20505. Investigations
  An employee of the Immigration and Naturalization Service, or other 
federal employee designated by the Attorney General, shall conduct a 
personal investigation of an applicant for naturalization in each 
vicinity in which the applicant has lived or been employed during at 
least the 5-year period immediately before the application was filed. 
However, the Attorney General may waive the investigation in a 
particular case or class of cases.
Sec. 20506. Examinations
  (a) General.--The Attorney General shall designate employees of the 
Immigration and Naturalization Service to conduct examinations of 
applicants for naturalization. Examinations shall be uniform throughout 
the United States and be limited to inquiring about whether the 
applicant meets the eligibility requirements for naturalization. At the 
time of the examination, the employee conducting the examination shall 
inform the applicant of the remedies available to the applicant under 
sections 20507 (a) and (b) and 20508(a) of this title.
  (b) Decisions.--The employee conducting the examination shall decide 
whether the application for naturalization should be granted or denied 
and give the reasons.
  (c) Transmittal of Record of Examination and Decision.--In the 
discretion of the Attorney General, the record of the examination may 
be transmitted to the Attorney General. When a record is transmitted to 
the Attorney General, the decision of the employee conducting the 
examination also shall be transmitted to the Attorney General when it 
is made.
Sec. 20507. Hearings before immigration officers
  (a) General.--An individual whose application for naturalization is 
denied after an examination under section 20506 of this title may 
request a hearing before an immigration officer. Hearings under this 
section shall be held at regular intervals specified by the Attorney 
General.
  (b) Subpenas.--(1) On the applicant's request at the time of 
requesting a hearing, the immigration officer shall subpena witnesses 
named by the applicant to appear at the hearing. If a witness cannot be 
produced at the hearing, other witnesses may be subpenaed after notice 
to the Attorney General, in the way and at the time prescribed by the 
Attorney General by regulation.
  (2) A subpena issued under this subsection may be enforced as 
provided in section 321(b) of this title.
  (3) A witness willfully disobeying a subpena to appear and testify at 
a final hearing under this section shall be fined under title 18, 
imprisoned for not more than 5 years, or both.
  (c) Appearance of Attorney General.--At a hearing under this section, 
the Attorney General may call, examine, and cross-examine witnesses, 
including the applicant, produce other evidence, and argue for or 
against granting the application for naturalization.
  (d) Admissibility of Records of Examination.--The record of the 
examination conducted under section 20506 of this title is admissible 
as evidence in a hearing conducted under this section.
Sec. 20508. Judicial review
  (a) Failure To Make Timely Decisions After Examinations.--If the 
employee conducting an examination under section 20506 of this title 
does not make a decision on an application for naturalization within 
120 days after the date of the examination, the applicant may request 
the district court of the United States for the district in which the 
applicant resides to hold a hearing on the matter. The court may--
          (1) order the application granted or denied; or
          (2) remand the matter, with appropriate instructions, to the 
        employee conducting the examination.
  (b) Denials After Hearings.--An individual whose application for 
naturalization is denied after a hearing under section 20507 of this 
title may obtain review of the denial in the United States district 
court for the district in which the individual resides. At the 
individual's request, the court shall hold a new hearing. Regardless of 
whether the court holds a new hearing, the court shall make its own 
findings of fact and conclusions of law.
Sec. 20509. Oath requirement
  (a) Oath of Allegiance.--To be naturalized as a citizen of the United 
States, an individual must take an oath, in substance--
          (1) to support the Constitution;
          (2) to support and defend the Constitution and laws of the 
        United States against all enemies foreign and domestic;
          (3) to bear true faith and allegiance to the Constitution and 
        laws of the United States;
          (4) to renounce all allegiance to any foreign prince, 
        potentate, country, or sovereignty of which the individual was 
        a citizen or subject; and
          (5) to comply with a requirement of law--
                  (A) to bear arms for the United States;
                  (B) to perform noncombatant service in the armed 
                forces of the United States when wearing the uniform of 
                a branch of the armed forces and subject to military 
                discipline and court martial; or
                  (C) to perform work of national importance under 
                civilian direction.
  (b) Omissions From Oath Because of Religious Belief.--(1) In this 
subsection, ``religious belief'' means belief in a relation to a 
Supreme Being involving duties superior to those arising from a human 
relation, but does not include essentially political, sociological, or 
philosophical views or a personal moral code.
  (2) If an individual satisfies the Attorney General by clear and 
convincing evidence that, because of religious belief, the individual 
opposes--
          (A) bearing arms in the armed forces of the United States, 
        the individual may omit from the oath the substance of 
        subsection (a)(5)(A) of this section; or
          (B) any kind of service in the armed forces of the United 
        States, the individual may omit from the oath the substance of 
        subsection (a)(5) (A) and (B) of this section.
  (c) Waiver for Young Child.--If the Attorney General believes that a 
child is unable to understand the meaning of the oath, the Attorney 
General may waive the requirement that the child take the oath.
  (d) Oath Renouncing Hereditary Titles and Orders.--In addition to 
taking the oath under subsection (a) of this section, an individual who 
has a hereditary title or belongs to an order of nobility must take an 
oath expressly renouncing the title or order. The oath under this 
subsection must be taken in the same public ceremony as the oath under 
subsection (a) and shall be recorded as a part of the proceeding.
Sec. 20510. Methods of oath administration
  (a) Public Ceremony.--To be naturalized as a citizen of the United 
States, an individual must take the oath required for naturalization in 
a public ceremony. However, the Attorney General may waive the public 
ceremony requirement if the Attorney General decides the individual has 
an illness or other disability sufficiently incapacitating to prevent 
the individual's personal appearance.
  (b) Right To Choose.--(1) The individual may choose to take the oath 
before the Attorney General or a court authorized by section 20511 of 
this title, except when--
          (A) a court has exclusive authority under section 20511(c) of 
        this title; or
          (B) a court has referred the applicant to the Attorney 
        General for an expedited oath administration under subsection 
        (c)(3) of this section.
  (2) The individual shall notify the Attorney General of the choice to 
take the oath before a court.
  (c) Expedited Oath Administration.--(1) On demonstrating sufficient 
cause, an individual may be granted an expedited oath administration by 
the Attorney General or a court.
  (2) When a court is deciding whether to grant an expedited oath 
administration, the court shall consider--
          (A) special circumstances such as serious illness of the 
        applicant or a member of the applicant's immediate family, 
        permanent disability sufficiently incapacitating to prevent the 
        applicant's personal appearance at the scheduled ceremony, 
        developmental disability, or advanced age; and
          (B) exigent circumstances related to travel or employment.
  (3) If an expedited oath administration by a court is impracticable, 
the court shall refer the individual to the Attorney General. The 
Attorney General then may provide for immediate administration of the 
oath.
  (d) Public Ceremonies Conducted by Attorney General.--The Attorney 
General shall prescribe regulations to ensure that oath administration 
ceremonies conducted by the Attorney General are public, dignified, and 
conducted frequently and at regular intervals.
Sec. 20511. Court authority to administer oaths
  (a) Definition.--In this section, ``eligible court'' means--
          (1) a district court of the United States in any State; and
          (2) any other court of record in a State if the court has a 
        seal, a clerk, and jurisdiction in actions at law, equity, or 
        both, in which the amount in controversy is unlimited.
  (b) General Authority.--An eligible court may administer the oath 
required for naturalization to individuals residing within the 
jurisdiction of the court.
  (c) Exclusive Authority.--(1) Subject to paragraphs (2) and (4) of 
this subsection, an eligible court that wishes to have exclusive 
authority to administer the oath to individuals residing within the 
jurisdiction of the court has that authority on notifying the Attorney 
General.
  (2) The exclusive authority of a court to administer the oath applies 
to an individual--
          (A) only during the 45-day period beginning on the date the 
        Attorney General certifies to the court that the individual is 
        eligible to be naturalized; and
          (B) only if, before the date of that certification, the court 
        has notified the Attorney General of the dates during that 45-
        day period when oath administration ceremonies by the court are 
        scheduled.
  (3) Subject to paragraph (4) of this subsection, the Attorney General 
may not administer the oath to an individual during the period of a 
court's exclusive authority under paragraph (2) of this subsection.
  (4) A court may waive the exclusive authority to administer the oath 
to an individual if the Attorney General has not provided the court the 
certificate of eligibility for that individual within a reasonable time 
before the day scheduled by the court for the oath administration 
ceremony. When notified of a court's waiver, the Attorney General 
promptly shall notify the applicant.
  (d) Name Changes.--On petition of an individual applying for 
naturalization, the court may order a change in the name of the 
individual as part of the administration of the oath by the court. The 
certificate of naturalization shall be issued with the new name.
Sec. 20512. Address to newly naturalized citizens
  To enlist the aid of the judiciary, in cooperation with civil and 
educational authorities, and patriotic organizations in a continuous 
effort to dignify and emphasize the significance of citizenship, the 
judge or someone designated by the judge shall address the newly 
naturalized citizen, either at the time of the rendition of the decree 
of naturalization or at another time the judge may fix, on the form and 
genius of the Federal Government and the privileges and 
responsibilities of citizenship.
Sec. 20513. Duties of Attorney General when court is to administer oath
  (a) General.--When a court is to administer the oath to an individual 
applying for naturalization, the Attorney General shall--
          (1) provide the court with information necessary to 
        administer the oath to the individual, and if the court has 
        exclusive authority under section 20511(c) of this title, 
        provide the information not later than 10 days after approving 
        the application for naturalization; and
          (2) promptly provide the court a certificate of 
        naturalization prepared by the Attorney General for the 
        individual.
  (b) Notice to Applicants of Court's Exclusive Authority.--(1) If a 
court has exclusive authority to administer the oath, the Attorney 
General shall inform the applicant, at the time of approval of the 
application for naturalization, of--
          (A) the court's exclusive authority to administer the oath 
        during the period specified in section 20511(c)(2)(A) of this 
        title; and
          (B) the dates when oath administration ceremonies by the 
        court are scheduled.
  (2) If more than one court in an area has exclusive authority to 
administer the oath, the Attorney General shall allow the applicant, at 
the time of approval, to choose the court to administer the oath.
Sec. 20514. Forms and records
  (a) Forms.--The Attorney General shall prescribe and provide forms to 
carry out this chapter and sections 20901 and 20902 of this title. Only 
those forms are lawful. Certificates of naturalization and certificates 
of citizenship shall be printed on safety paper and numbered 
consecutively in separate series.
  (b) Declarations of Intention and Applications for Naturalization.--
Each district office of the Immigration and Naturalization Service in 
the United States shall maintain, in chronological order, consecutively 
numbered, and indexed, as a permanent record, all declarations of 
intention and applications for naturalization filed in that office.
  (c) Duties of Clerks of Courts.--The clerk of a court administering 
oaths to applicants for naturalization shall--
          (1) take responsibility for all blank certificates of 
        naturalization received from the Attorney General;
          (2) return to the Attorney General any certificate of 
        naturalization that is unusable because damaged;
          (3) account to the Attorney General for blank certificates of 
        naturalization when required by the Attorney General;
          (4) give a certificate of naturalization prepared by the 
        Attorney General under section 20513(a)(2) of this title to 
        each individual administered the oath by the court;
          (5) provide the Attorney General with a list of individuals 
        taking the oath at each scheduled ceremony, and information 
        about each of those individuals, not later than 30 days after 
        the end of the month in which the oath was administered; and
          (6) provide the Attorney General with a certified copy of 
        other proceedings in, and orders by, the court related to the 
        naturalization of individuals, when required by the Attorney 
        General.
  (d) Copies of Oaths of Individuals Who Lost Citizenship by Entering 
Armed Forces of Foreign Countries.--When an individual described in 
section 20316 of this title is naturalized, a certified copy of the 
oath taken by the individual shall be provided by--
          (1) the Attorney General to the Secretary of State if the 
        oath was administered by the Attorney General; and
          (2) the clerk of the court to the Attorney General and the 
        Secretary if the oath was administered by a court.
Sec. 20515. Fees
  (a) General.--The Attorney General shall charge, collect, and account 
for fees prescribed by the Attorney General under section 9701 of title 
31 for--
          (1) filing a declaration of intention and issuing a duplicate 
        declaration; and
          (2) filing an application for naturalization, holding a 
        hearing on the application, and issuing a certificate of 
        naturalization.
  (b) Subpena and Witness Fees.--When filing an application for 
naturalization, an individual requesting the issuance of a subpena 
under section 20507(b) of this title shall deposit with the Attorney 
General an amount sufficient to cover the cost of subpenaing each 
witness and paying the witness the usual witness fee. On final 
discharge of the witness and demand for payment, the Attorney General 
shall pay the witness the usual witness fee from the amount deposited. 
The Attorney General shall return any remaining amount to the 
individual.
  (c) Exemption for Individuals Serving in Armed Forces During War or 
Military Operations.--(1) Except as provided in paragraph (2) of this 
subsection, an individual serving in the armed forces of the United 
States may not be charged a fee for filing an application for 
naturalization or for issuance of a certificate of naturalization when 
the United States is at war or engaged in military operations involving 
armed conflict with a hostile foreign force as designated by the 
President by executive order.
  (2) If a state law requires a fee to be charged, the clerk of a state 
court may charge that part of the fee required to be paid to the State.
  (3) The clerk of a court shall report all transactions made under 
this subsection to the Attorney General not later than 30 days after 
the end of the month in which the transaction was made.
  (d) Exemption From Replacement Fees for Individuals Who Served in 
Armed Forces.--An individual may not be charged a fee for filing an 
application to replace a declaration of intention or a certificate of 
naturalization that is lost, destroyed, or mutilated if the individual 
served in the armed forces of the United States after September 16, 
1940, and was not--
          (1) discharged other than honorably;
          (2) discharged because of alienage; or
          (3) a conscientious objector who performed no military duty 
        or refused to wear the uniform.
  (e) Disposition of Fees.--(1) Except as otherwise provided in this 
subsection, the Attorney General shall deposit all fees collected by 
the Attorney General under this subtitle in the ``Immigration 
Examinations Fee Account'' established under section 346(a) of this 
title.
  (2) Fees collected by the Attorney General under this subtitle from 
residents of the Virgin Islands or Guam shall be paid to the treasury 
of the Virgin Islands or Guam, respectively.
  (3) A percentage of the fees described in subsection (a)(1) of this 
section collected by the Attorney General shall be paid to courts 
administering oaths under this chapter. In consultation with the 
courts, the Attorney General shall determine the percentage each year 
based on--
          (A) the costs incurred by the courts for essential services 
        directly related to the naturalization process; divided by
          (B) the total of those costs incurred by the courts and the 
        Immigration and Naturalization Service.
  (f) Reports and Consultations.--The Attorney General shall--
          (1) provide an annual report to the Committees on the 
        Judiciary of the Senate and House of Representatives on the use 
        of the fees described in subsection (e)(3) of this section; and
          (2) consult with those committees before increasing those 
        fees.

                    CHAPTER 207--LOSS OF NATIONALITY

                     SUBCHAPTER I--BY VOLUNTARY ACTS

Sec.
20701.  Acts resulting in loss of nationality.
20702.  Acts not resulting in loss of nationality.
20703.  Presumption that act is done voluntarily.

               SUBCHAPTER II--REVOCATION OF NATURALIZATION

20711.  Application.
20712.  Grounds.
20713.  Procedure.
20714.  Effect on automatic naturalization.
20715.  Cancellation of certificate of naturalization.
20716.  Authority not affected.

                      SUBCHAPTER III--MISCELLANEOUS

20731.  Burden of proof.

                    SUBCHAPTER I--BY VOLUNTARY ACTS

Sec. 20701. Acts resulting in loss of nationality
  Except as provided in section 20702 of this title, a national of the 
United States loses nationality of the United States under this 
subchapter only by voluntarily performing any of the following acts 
with the intention of relinquishing nationality of the United States:
          (1) becoming a national of a foreign country, after becoming 
        18 years of age--
                  (A) on application of the national; or
                  (B) on application for the national filed by an agent 
                of the national.
          (2) taking an oath or making a declaration of allegiance to a 
        foreign country or a political subdivision of a foreign country 
        after becoming 18 years of age.
          (3) entering or serving in the armed forces of a foreign 
        country if--
                  (A) the armed forces are engaged in hostilities 
                against the United States; or
                  (B) the individual serves as a commissioned or 
                noncommissioned officer.
          (4) accepting, serving in, or carrying out the duties and 
        powers of an office, a post, or employment under the government 
        of a foreign country or a political subdivision of a foreign 
        country, after becoming 18 years of age, if--
                  (A) the individual is or becomes a national of the 
                foreign country; or
                  (B) the office, post, or employment requires an oath 
                or declaration of allegiance.
          (5) making a formal renunciation of nationality in a foreign 
        country before a diplomatic or consular officer in the way the 
        Secretary of State prescribes.
          (6) making a formal written renunciation of nationality in 
        the United States in the way the Attorney General prescribes 
        before an officer or employee the Attorney General designates 
        when the United States is in a state of war and the Attorney 
        General approves the renunciation as not against the defense 
        interests of the United States.
          (7) committing any of the following offenses for which the 
        individual is convicted by a court or court martial:
                  (A) treason against the Federal Government.
                  (B) attempting by force to overthrow the Government.
                  (C) bearing arms against the Government.
                  (D) violating or conspiring to violate section 2383 
                of title 18.
                  (E) violating section 2384 of title 18 by conspiring 
                to overthrow, put down, or destroy by force the 
                Government or to carry on war against the Government.
                  (F) willfully violating section 2385 of title 18.
Sec. 20702. Acts not resulting in loss of nationality
  (a) When National in the United States or American Samoa.--A national 
of the United States does not lose nationality under section 20701(1)-
(4) of this title when the national is in the United States or American 
Samoa. However, an act specified in section 20701(1)-(4) and carried 
out in the United States or American Samoa results in the loss of 
nationality when the national establishes a residence outside the 
United States and American Samoa.
  (b) When Entering or Serving in Armed Forces of Foreign Country or 
Renouncing Nationality as Minor.--A national of the United States does 
not lose nationality under section 20701(3) or (5) of this title when 
less than 18 years of age if the national claims the nationality within 
6 months after becoming 18 years of age. The claim shall be made in the 
way the Secretary of State prescribes by regulation.
  (c) When Marrying Male Alien.--Notwithstanding any treaty ratified by 
the Senate before December 25, 1952--
          (1) a woman who was a national of the United States did not 
        lose nationality only because of marriage after--
                  (A) September 21, 1922, to an alien; or
                  (B) March 2, 1931, to an alien who was ineligible to 
                become a citizen of the United States because of race; 
                and
          (2) a woman who was a citizen of the United States at birth 
        did not lose nationality because of residence outside the 
        United States after a marriage referred to in clause (1) of 
        this subsection.
Sec. 20703. Presumption that act is done voluntarily
  An individual carrying out an act resulting in the loss of 
nationality under this subchapter or any other law is presumed to have 
carried out the act voluntarily. The presumption may be rebutted on a 
showing by a preponderance of the evidence that the act was not carried 
out voluntarily.

              SUBCHAPTER II--REVOCATION OF NATURALIZATION

Sec. 20711. Application
  This subchapter applies to any naturalization and certificate of 
naturalization issued under this title or any other law.
Sec. 20712. Grounds
  (a) General.--A court in which a civil action is brought under 
section 20713 of this title shall revoke the order of naturalization of 
an individualas a citizen of the United States and cancel the 
individual's certificate of naturalization if the court decides--
          (1) the order and certificate were obtained unlawfully, by 
        concealment of a material fact, or by willful 
        misrepresentation; or
          (2) for an individual naturalized under section 20314 of this 
        title, the individual was discharged from the armed forces of 
        the United States other than honorably.
  (b) Refusal To Testify Before Congressional Committee.--The refusal 
of an individual within 10 years after naturalization of the individual 
to testify as a witness before a congressional committee about 
subversive activities of the individual is concealment of a material 
fact or willful misrepresentation under subsection (a)(1) of this 
section if the individual is convicted of contempt for the refusal.
  (c) Membership In, or Affiliation With, Certain Organizations.--If an 
individual naturalized after December 24, 1952, became a member of or 
affiliated with an organization within 5 years after naturalization and 
the membership or affiliation at the time of naturalization would have 
prevented the individual from being naturalized under section 20331 of 
this title, the membership or affiliation is prima facie evidence that 
the individual was not attached to the principles of the Constitution 
and was not well disposed to the good order and happiness of the United 
States at the time of naturalization. If there is no contrary evidence, 
a court may act under subsection (a)(1) of this section on the ground 
that the naturalization was obtained by concealment of a material fact 
or by willful misrepresentation.
  (d) Adjustment of Status.--An individual is deemed to have obtained 
naturalization by concealment of a material fact or by willful 
misrepresentation if--
          (1) the individual was naturalized as a citizen of the United 
        States based on a record of lawful admission for permanent 
        residence made as a result of an adjustment of the individual's 
        status;
          (2) the individual was not eligible for the adjustment of 
        status; and
          (3) the Attorney General rescinds the adjustment of status 
        under section 9107(a) of this title.
  (e) Proof of Discharge From Armed Forces.--Discharge from the armed 
forces of the United States other than honorably shall be proved by a 
certification from the head of the executive department of the Federal 
Government under which the individual served.
  (f) Courts To Revoke Naturalization Orders When Naturalization 
Convictions Involved.--A court having jurisdiction to try a violation 
of section 1425 of title 18 has jurisdiction to revoke orders of 
naturalization and cancel certificates of naturalization. A court in 
which an individual is convicted of knowingly obtaining naturalization 
in violation of section 1425 shall revoke the order of naturalization 
of the individual as a citizen and cancel the certificate of 
naturalization of the individual.
Sec. 20713. Procedure
  (a) Bringing Civil Actions To Revoke.--If grounds exist under section 
20712 of this title, the Attorney General shall bring a civil action to 
revoke the order of naturalization of an individual as a citizen of the 
United States and to cancel the certificate of naturalization. When 
bringing the action, the Attorney General shall file an affidavit 
showing good cause.
  (b) Venue.--An action under this section shall be brought in a 
district court of the United States for the judicial district in which 
the individual resides. If the individual does not reside in a judicial 
district in the United States, the action may be brought in the United 
States District Court for the District of Columbia or the district in 
which the individual last resided.
  (c) Notice and Answer.--The individual shall be given personal notice 
and, unless waived, 60 days to answer in an action brought under this 
section. If the individual is absent from the United States or the 
judicial district in which the individual last resided, notice shall be 
given by personal service or by publication in the way provided for 
service by publication or on absentees by the law of the State or place 
in which the action is brought.
  (d) Effective Date of Revocation and Cancellation.--Revocation and 
cancellation under this subchapter are effective from the date of the 
naturalization order and certificate of naturalization.
Sec. 20714. Effect on automatic naturalization
  An individual claiming citizenship of the United States through the 
naturalization of a parent or spouse loses that citizenship when the 
order of naturalization of the parent or spouse as a citizen is revoked 
and the certificate of naturalization is canceled under--
          (1) section 20712(a)(1) of this title because the order and 
        certificate were obtained by concealment of a material fact or 
        by willful misrepresentation;
          (2) section 20712(a)(2) of this title on a ground other than 
        that the order and certificate were obtained by concealment of 
        a material fact or by willful misrepresentation, if the 
        individual does not reside in the United States when the order 
        is revoked and the certificate is canceled; or
          (3) section 20712(c) of this title, if the individual does 
        not reside in the United States when the order is revoked and 
        the certificate is canceled.
Sec. 20715. Cancellation of certificate of naturalization
  (a) Duties of Court.--A court revoking an order of naturalization as 
a citizen of the United States or canceling a certificate of 
naturalization, or both, under this subchapter shall prepare an order 
canceling the certificate and send a certified copy to the Attorney 
General.
  (b) Surrender of Canceled Certificate.--On notice by the court 
canceling a certificate of naturalization or by the Attorney General, 
an individual holding a canceled certificate of naturalization shall 
surrender it to the Attorney General.
Sec. 20716. Authority not affected
  This subchapter does not affect the authority of the Attorney General 
to reopen, change, or vacate an order of naturalization of an 
individual as a citizen of the United States.

                     SUBCHAPTER III--MISCELLANEOUS

Sec. 20731. Burden of proof
  A person claiming that an individual has lost nationality of the 
United States under this chapter or any other law has the burden of 
proving, by a preponderance of the evidence, that the loss occurred.

                   CHAPTER 209--NATIONALITY DOCUMENTS

Sec.
20901.  Certificates of naturalization.
20902.  Certificates of citizenship.
20903.  Certificates of nationality.
20904.  Other documents to prove citizenship.
20905.  Cancellation of documents and records.
20906.  Certificates of loss of nationality.
20907.  Certifications of records.
Sec. 20901. Certificates of naturalization
  (a) Issuance and Content.--The Attorney General shall issue a 
certificate of naturalization to an individual when the individual is 
naturalized as a citizen of the United States. The certificate shall 
contain--
          (1) the number of the individual's application for 
        naturalization;
          (2) the number of the certificate;
          (3) the individual's name (as changed if a change of name is 
        granted by a court as part of the administration of the oath 
        required for naturalization);
          (4) the individual's signature;
          (5) the individual's place of residence;
          (6) a signed photograph of the individual;
          (7) a personal description of the individual, including age, 
        sex, and marital status;
          (8) the individual's prior nationality;
          (9) a statement that the Attorney General, having decided 
        that the individual has satisfied the applicable provisions of 
        this title, ordered the individual naturalized as a citizen;
          (10) the date of the naturalization;
          (11) the location of the district office of the Immigration 
        and Naturalization Service in which the application was filed;
          (12) the title, authority, and location of the official or 
        court administering the oath required for naturalization; and
          (13) the attestation of an immigration officer and the seal 
        of the Department of Justice.
  (b) Replacement Certificates.--(1) On application to the Attorney 
General, the Attorney General shall issue to a naturalized citizen--
          (A) a new certificate of naturalization to replace a 
        certificate that the Attorney General finds is lost, destroyed, 
        or mutilated, and if mutilated, is surrendered to the Attorney 
        General; or
          (B) a new certificate of naturalization with the citizen's 
        new name when the Attorney General finds that the citizen's 
        name has been changed by marriage or order of a court of 
        competent jurisdiction after naturalization.
  (2) The Attorney General shall notify the court that naturalized the 
citizen of the issuance of a new certificate under paragraph (1)(B) of 
this subsection.
  (c) Special Certificates To Obtain Recognition by Foreign 
Countries.--On application by a naturalized citizen to the Attorney 
General, the Attorney General shall issue for the citizen a special 
certificate of naturalization to be used only to obtain recognition as 
a citizen of the United States by the government of a foreign country. 
The certificate shall be submitted to the Secretary of State for 
submission to the proper authority of the government of the foreign 
country.
  (d) Photographs.--An application to the Attorney General for a 
certificate of naturalization or a special certificate of 
naturalization shall include 3 identical photographs of the individual 
applying. One photograph shall be attached to the certificate and the 
others to the copies of the certificate retained by the Commissioner of 
Immigration and Naturalization.
  (e) Surrender of Found Certificates.--A person coming into possession 
of a certificate of naturalization that was lost shall surrender the 
certificate to the Attorney General.
Sec. 20902. Certificates of citizenship
  (a) Applications.--An individual may apply to the Attorney General 
for a certificate of citizenship if the individual claims to be a 
citizen of the United States because of--
          (1) the naturalization of a parent of the individual;
          (2) the naturalization or citizenship of the individual's 
        husband;
          (3) section 1993 of the Revised Statutes;
          (4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);
          (5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);
          (6) section 201(c), (d), (e), (g), or (i), 203, or 205 of the 
        Nationality Act of 1940 (ch. 876, 54 Stat. 1138, 1139); or
          (7) section 20102(a), 20104(a), or 20106 of this title.
  (b) Photographs.--An application under subsection (a) of this section 
shall include 3 identical photographs of the individual applying. One 
photograph shall be attached to the certificate and the others to the 
copies of the certificate retained by the Commissioner of Immigration 
and Naturalization.
  (c) Issuance.--The Attorney General shall issue a certificate of 
citizenship to an individual if--
          (1) the Attorney General is satisfied that the individual is 
        a citizen as claimed under subsection (a) of this section;
          (2) the individual takes, and signs, in front of an 
        immigration officer the oath required for naturalization, 
        unless waived under section 20509(c) of this title; and
          (3) the individual is in the United States when the oath is 
        taken and the certificate is issued.
  (d) Replacement Certificates.--The Attorney General shall issue a new 
certificate of citizenship to a citizen applying to replace a 
certificate that the Attorney General finds is lost, destroyed, or 
mutilated, and if mutilated, is surrendered to the Attorney General. A 
person coming into possession of a certificate that was lost shall 
surrender the certificate to the Attorney General.
Sec. 20903. Certificates of nationality
  (a) Certificates for Use in Foreign Country Proceedings.--Under 
regulations the Secretary of State prescribes, the Secretary may issue 
a certificate of nationality for an individual if the Secretary is 
satisfied that the individual is a national of the United States at 
birth and that the certificate is needed for an administrative or 
judicial proceeding of a foreign country. The certificate is only for 
use in the proceeding for which it is issued. The Secretary shall 
submit the certificate to the appropriate foreign administrative or 
judicial officer.
  (b) Certificates Issued to Individuals.--An individual claiming to be 
a national, but not a citizen, of the United States may apply to the 
Secretary for a certificate of non-citizen national status. The 
Secretary shall issue the certificate if--
          (1) the Secretary is satisfied that the individual is a 
        national, but not a citizen, of the United States;
          (2) for an individual born outside the United States or 
        American Samoa, the individual takes, and signs, in front of an 
        immigration officer in the United States or American Samoa, the 
        oath required for naturalization; and
          (3) the individual is in the United States or American Samoa 
        when the certificate is issued.
Sec. 20904. Other documents to prove citizenship
  The following documents have the same effect as a certificate of 
naturalization or a certificate of citizenship to prove that an 
individual is a citizen of the United States:
          (1) A passport issued by the Secretary of State to a citizen 
        of the United States during its period of validity if the 
        period is the maximum allowed by law.
          (2) A ``Report of Birth Abroad of a Citizen of the United 
        States'' issued by a consular officer to document a citizen 
        born outside the United States.
Sec. 20905. Cancellation of documents and records
  (a) Attorney General.--(1) The Attorney General may cancel a 
citizenship or nationality document or record issued by the Attorney 
General if satisfied that it was obtained fraudulently or unlawfully.
  (2) The Attorney General shall send written notice of an intention to 
cancel the document or record, and the reason for the cancellation, to 
the individual to whom the document or record was issued, at the 
individual's last known address. The Attorney General shall give the 
individual at least 60 days to show cause why the document or record 
should not be canceled.
  (b) Secretary of State.--(1) The Secretary of State may cancel a 
United States passport or a ``Report of Birth Abroad of a Citizen of 
the United States'' issued by a consular officer to document a citizen 
born outside the United States, or a certified copy, if it appears to 
have been obtained fraudulently, unlawfully, or erroneously.
  (2) The Secretary shall send written notice of the cancellation to 
the individual to whom the document was issued, at the individual's 
last known address. The notice shall include notice of the procedure to 
seek a prompt post-cancellation hearing.
  (c) Effect of Cancellation.--Cancellation of a document or record 
showing the citizenship status of an individual under this section 
affects only the record and not the citizenship status of the 
individual.
Sec. 20906. Certificates of loss of nationality
  (a) Certificate by Diplomatic or Consular Officer.--When a diplomatic 
or consular officer believes that an individual in a foreign country 
has lost the nationality of the United States under section 20701 of 
this title or chapter IV of the Nationality Act of 1940 (ch. 876, 54 
Stat. 1168), the officer shall certify in writing to the Secretary of 
State, under regulations the Secretary prescribes, the facts on which 
the officer's belief is based.
  (b) Approval by Secretary of State.--(1) If the Secretary approves 
the certificate, the Secretary shall provide a copy to the Attorney 
General and direct the officer to provide a copy to the individual.
  (2) The Secretary's approval of the certificate is--
          (A) a final administrative decision of loss of nationality, 
        subject to procedures for administrative appeal the Secretary 
        may prescribe by regulation; and
          (B) a denial of a right or privilege under section 21101 of 
        this title.
Sec. 20907. Certifications of records
  The Attorney General may make a certification of any part of a 
naturalization record of a court, a certificate of naturalization, or a 
certificate of citizenship, for use in complying with a law or in a 
judicial proceeding. The clerk of a court may make such a certification 
only on order of the court.

                       CHAPTER 211--MISCELLANEOUS

Sec.
21101.  Procedure if denied a right or privilege as a national.
21102.  Information about citizenship.
Sec. 21101. Procedure if denied a right or privilege as a national
  (a) Individuals in the United States.--(1) Except as provided in 
paragraph (4) of this subsection, an individual in the United States 
may bring a civil action under section 2201 of title 28 against the 
head of a department or independent agency for a judgment declaring 
that the individual is a national of the United States if--
          (A) the individual claims a right or privilege as a national 
        of the United States; and
          (B) any official of the department or independent agency 
        denies the claim because the individual is not a national of 
        the United States.
  (2) The action must be brought--
          (A) in the district court of the United States for the 
        judicial district in which the individual resides or claims a 
        residence; and
          (B) within 5 years after the final administrative denial of 
        the right or privilege.
  (3) A court referred to in paragraph (2)(A) of this subsection has 
jurisdiction over the head of the department or agency in that action.
  (4) An individual may not bring an action under this subsection if 
the issue of the individual's nationality arose in connection with a 
removal proceeding.
  (b) Individuals Not in the United States.--(1) An individual not in 
the United States may apply to a consular officer or diplomatic officer 
of the United States in the country in which the individual resides for 
a certificate of identity to travel to the United States and apply for 
admission if--
          (A) the individual claims a right or privilege as a national 
        of the United States;
          (B) any official of a department or independent agency denies 
        the claim because the individual is not a national of the 
        United States; and
          (C) the individual--
                  (i) had been physically present in the United States 
                at some time before applying for the certificate; or
                  (ii) is less than 16 years of age and was born 
                outside the United States to a parent who is a citizen 
                of the United States.
  (2) The diplomatic or consular officer shall issue the certificate if 
satisfied that the application is made in good faith and has a 
substantial basis. If the officer denies the application, the 
individual may appeal to the Secretary of State. If the Secretary 
approves the denial, the Secretary shall state the reasons in writing.
  (3) An individual in possession of a certificate issued to that 
individual under this subsection may apply for admission to the United 
States. The individual is subject to the provisions of this title 
related to the conduct of proceedings for aliens seeking admission to 
the United States. A final decision by the Attorney General that the 
individual is not entitled to admission is subject to review only in a 
habeas corpus proceeding by any court of competent jurisdiction.
  (4) The Secretary shall prescribe regulations for the issuance of 
certificates under this subsection.
  (c) Application of Laws on Admission of Aliens.--An individual 
described in this section who is finally denied admission to the United 
States is subject to all the provisions of this title applicable to 
aliens seeking admission to the United States.
Sec. 21102. Information about citizenship
  (a) Promoting United States Citizenship.--To promote the 
opportunities and responsibilities of citizenship of the United States, 
the Attorney General shall distribute broadly information about the 
benefits individuals may receive under this subtitle and the 
requirements to obtain those benefits. In carrying out this subsection, 
the Attorney General shall seek the assistance of appropriate community 
groups, private voluntary agencies, and other relevant organizations.
  (b) Instruction in Citizenship Responsibilities.--The Attorney 
General may promote instruction and training in citizenship 
responsibilities of applicants for naturalization, including--
          (1) giving names of applicants for naturalization to public 
        schools;
          (2) preparing citizenship textbooks and distributing the 
        textbooks without charge to applicants receiving instruction in 
        citizenship responsibilities under the supervision of public 
        schools;
          (3) preparing and distributing a monthly immigration and 
        naturalization bulletin; and
          (4) seeking the cooperation of official state and national 
        organizations, including organizations concerned with 
        vocational education.
  (c) Reimbursement.--Based on a statement by the Attorney General that 
the citizenship textbooks have been prepared and distributed as 
provided in subsection (b)(2) of this section, naturalization fees 
deposited in the Treasury by the Attorney General may be used to 
reimburse the appropriation of the Department of Justice for the cost 
of preparing and distributing the textbooks.

SEC. 2. CONFORMING PROVISIONS.

  (a) Title 8.--Effective June 1, 2002, section 8304 of title 8, United 
States Code, is amended as follows:
          (1) Subsection (b) is amended to read as follows:
  ``(b) Waivers.--The Attorney General may waive the 2-year residence 
requirement of subsection (a) of this section if the Attorney General 
finds that admitting the alien would be in the public interest, after 
receiving a favorable recommendation from--
          ``(1) the Director--
                  ``(A) because of a request from an interested agency; 
                or
                  ``(B) if the foreign country of the alien's 
                nationality or last residence provides the Director 
                with a written statement that it does not object to the 
                waiver, except that this subclause does not apply to an 
                alien described in subsection (a)(3) of this section; 
                or
          ``(2) the Commissioner of Immigration and Naturalization if 
        the Commissioner finds that--
                  ``(A) departure from the United States would impose 
                exceptional hardship on the alien's spouse or child 
                when the spouse or child is a citizen of the United 
                States or lawfully admitted for permanent residence; or
                  ``(B) the alien would be subject to persecution on 
                account of race, religion, or political opinion if the 
                alien returned to the foreign country of the alien's 
                nationality or last residence.''.
          (2) Strike subsection (c).
  (b) Title 10.--Section 885 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
  ``(d) Any person found guilty of desertion in time of war may not--
          ``(1) hold an office of trust or profit under the United 
        States; or
          ``(2) exercise the rights of a citizen of the United 
        States.''.
  (c) Elementary and Secondary Education Act of 1965.--In the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.), strike the heading for part C of title VII.
  (d) Act of August 1, 1956.--Section 6(a) of the Act of August 1, 1956 
(50 U.S.C. 855(a)), is amended by--
          (1) striking the subsection designation ``(a)''; and
          (2) striking ``make'' and substituting ``makes''.
  (e) Military Selective Service Act.--Section 12 of the Military 
Selective Service Act (50 App. U.S.C. 462) is amended by adding at the 
end the following new subsection:
  ``(h) On conviction by a court of competent jurisdiction, a person 
registered under this Act who leaves the district in which registered, 
or a person (whether or not registered under this Act) who leaves the 
United States, with the intent to evade a lawfully ordered draft while 
the United States is at war, may not--
          ``(1) hold an office of trust or profit under the United 
        States; or
          ``(2) exercise the rights of a citizen of the United 
        States.''.
  (f) An alien provided benefits under section 301 of the Immigration 
Act of 1990 (Public Law 101-649, 104 Stat. 5029) whom the Attorney 
General authorizes to travel outside the United States temporarily and 
who returns to the United States according to that authorization--
          (1) shall be inspected and admitted in the same immigration 
        status the alien had at the time of departure if the alien is 
        found not to be inadmissible on a ground referred to in section 
        301(a)(1) of the Immigration Act of 1990 (Public Law 101-649, 
        104 Stat. 5029); and
          (2) has not failed to maintain continuous physical presence 
        in the United States under section 6721(a) of this title 
        because of the departure if the absence meets the requirements 
        of section 6721(c).

SEC. 3. CONFORMING CROSS-REFERENCES.

  (a) Title 5.--Section 5549(2) of title 5, United States Code, is 
amended by striking ``sections 1353a and 1353b'' and substituting 
``section 303''.
  (b) Title 10.--Title 10, United States Code, is amended as follows:
          (1) In section 374(b)(4)(A)(ii), strike ``Any of sections 274 
        through 278 of the Immigration and Nationality Act (8 U.S.C. 
        1324-1328)'' and substitute ``Any of sections 10126, 10147-
        10151, 10153, and 10155 of title 8''.
          (2) In section 1060a(f)(2)(B), strike ``in accordance with 
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)'' 
        and substitute ``under title 8''.
          (3) In section 2864(a), strike ``section 101(a)(15)(H)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii))'' and substitute ``section 2314 or 2315 of 
        title 8''.
          (4) In sections 3253 and 8253, strike ``the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.)'' and substitute 
        ``title 8''.
          (5) In sections 12102(b)(1) and 12201(b)(1), strike ``the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.)'' and 
        substitute ``title 8''.
  (c) Title 18.--Title 18, United States Code, is amended as follows:
          (1) In section 32(b), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act'' and substitute ``section 126 
        of title 8''.
          (2) In section 37(b)(2)(B), strike ``section 101(a)(22) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' 
        and substitute ``section 126 of title 8''.
          (3) In section 178(5), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (4) In section 831(f)(6), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (5) In section 982(a)(6)(A)(ii), strike ``section 274A(a)(1) 
        or 274A(a)(2) of the Immigration and Nationality Act'' each 
        place it appears and substitute ``section 11102(a) of title 
        8''.
          (6) In section 1091(d)(2), strike ``section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101)'' and 
        substitute ``section 126 of title 8''.
          (7) In section 1116(b)(7), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (8) In section 1119(a), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (9) In section 1201(e), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (10) In section 1203(c), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (11) In section 1546(b), strike ``section 274A(b) of the 
        Immigration and Nationality Act'' and substitute ``section 
        11103 of title 8''.
          (12) In section 1961(1)(F), strike ``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) if the act indictable under such section of such Act'' 
        and substitute ``section 10147, 10150, or 10151 of title 8 if 
        the act indictable under that section''.
          (13) In section 2280(e), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''and 
        substitute ``section 126 of title 8''.
          (14) In section 2281(d), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (15) In section 2331(2), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act'' and substitute ``section 126 
        of title 8''.
          (16) In section 2332a(c)(1), strike ``section 101(a)(22) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' 
        and substitute ``section 126 of title 8''.
          (17) In section 2332c(b)(1), strike ``section 101(a)(22) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' 
        and substitute ``section 126 of title 8''
          (18) In section 2441(b), strike ``section 101 of the 
        Immigration and Nationality Act'' and substitute ``section 126 
        of title 8''.
          (19) Section 2516(1) is amended as follows:
                  (A) In subsection (m), strike ``section 274, 277, or 
                278 of the Immigration and Nationality Act (8 U.S.C. 
                1324, 1327, or 1328) (relating to the smuggling of 
                aliens)'' and substitute ``section 10147, 10150, or 
                10151 of title 8''.
                  (B) In subsection (p), as designated by section 
                201(3) of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (Pub. L. 104-208, 110 Stat. 
                3009-565), strike ``section 274, 277, or 278 of the 
                Immigration and Nationality Act (relating to the 
                smuggling of aliens)'' and substitute ``section 10147, 
                10150, or 10151 of title 8''.
          (20) Section 3077(2) is amended as follows:
                  (A) In clause (A), strike ``section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22))'' and substitute ``section 126 of title 
                8''.
                  (B) In clause (B), strike ``section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(20))'' and substitute ``section 123 of title 
                8''.
          (21) In section 3142(d)(1)(B), strike ``section 101(a)(20) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))'' 
        and substitute ``section 123 of title 8''.
          (22) In section 3181(c), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (23) In section 3563(b)(21), strike ``section 238(d)(5) of 
        the Immigration and Nationality Act'' and substitute ``section 
        6706(g) of title 8''.
          (24) Section 4113 is amended as follows:
                  (A) In subsection (a), strike ``section 240B of the 
                Immigration and Nationality Act'' and substitute 
                ``section 6714 of title 8''.
                  (B) In subsections (b) and (c), strike ``section 240 
                of the Immigration and Nationality Act'' and substitute 
                ``section 6704 of title 8''.
  (d) Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 
(26 U.S.C. 1 et seq.) is amended as follows:
          (1) In section 871(c), strike ``subparagraph (F), (J), (M), 
        or (Q) of section 101(a)(15) of the Immigration and Nationality 
        Act, as amended (8 U.S.C. 1101(a)(15)(F), (J), (M), or (Q))'' 
        and substitute ``section 2310, 2311, 2312, or 2320 of title 8, 
        United States Code''.
          (2) In sections 872(b)(3), strike ``subparagraph (F), (J), or 
        (Q) of section 101(a)(15) of the Immigration and Nationality 
        Act, as amended'' and substitute ``section 2310, 2312, or 2320 
        of title 8, United States Code''.
          (3) In section 1441(b), strike ``subparagraph (F), (J), (M), 
        or (Q) of section 101(a)(15) of the Immigration and Nationality 
        Act'' and substitute ``section 2310, 2311, 2312, or 2320 of 
        title 8, United States Code,''.
          (4) Section 3121(b) is amended as follows:
                  (A) In clause (18), strike ``section 
                101(a)(15)(H)(ii) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)(H)(ii))'' and substitute 
                ``section 2314 or 2315 of title 8, United States 
                Code''.
                  (B) In clause (19), strike ``subparagraph (F), (J), 
                (M), or (Q) of section 101(a)(15) of the Immigration 
                and Nationality Act, as amended'' and ``in subparagraph 
                (F), (J), (M), or (Q)'' and substitute ``section 2310, 
                2311, 2312, or 2320 of title 8, United States Code'' 
                and ``in section 2310, 2311, 2312, or 2320'', 
                respectively.
          (5) In section 3231(e)(1), strike ``subparagraph (F), (J), 
        (M), or (Q) of section 101(a)(15) of the Immigration and 
        Nationality Act, as amended'' and ``in subparagraph (F), (J), 
        (M), or (Q)'' and substitute ``section 2310, 2311, 2312, or 
        2320 of title 8, United States Code'' and ``in section 2310, 
        2311, 2312, or 2320'', respectively.
          (6) In section 3304(a)(14)(A), strike ``section 212(d)(5) of 
        the Immigration and Nationality Act'' and substitute ``section 
        6121 of title 8, United States Code''.
          (7) Section 3306(c) is amended as follows:
                  (A) In clause (1)(B), strike ``sections 214(c) and 
                101(a)(15)(H) of the Immigration and Nationality Act'' 
                and substitute ``section 2314 of title 8, United States 
                Code''.
                  (B) In clause (19), strike ``subparagraph (F), (J), 
                (M), or (Q) of section 101(a)(15) of the Immigration 
                and Nationality Act, as amended (8 U.S.C 
                1101(a)(15)(F), (J), (M), or (Q))'' and ``in 
                subparagraph (F), (J), (M), or (Q)'' and substitute 
                ``section 2310, 2311, 2312, or 2320 of title 8, United 
                States Code'' and ``in section 2310, 2311, 2312, or 
                2320'', respectively.
          (8) Section 6039G(c) is amended as follows:
                  (A) In clause (1), the words ``paragraph (5) of 
                section 349(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1481(a)(5))'' and substitute ``section 
                20701(5) of title 8, United States Code''.
                  (B) In clause (2), the words ``paragraph (1), (2), 
                (3), or (4) of section 349(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1481(a)(1)-(4))'' and 
                substitute ``section 20701(1), (2), (3), or (4) of 
                title 8, United States Code''.
          (9) In section 6103(m)(4)(A)(ii)(II), strike ``section 
        3(a)(1) of the Migration and Refugee Assistance Act of 1962'' 
        and substitute ``section 13308(a)(1) of title 8, United States 
        Code,''.
          (10) Section 7701(b)(5) is amended as follows:
                  (A) In paragraph (C)(i), strike ``subparagraph (J) or 
                (Q) of section 101(15) of the Immigration and 
                Nationality Act'' and substitute ``section 2312 or 2320 
                of title 8, United States Code''.
                  (B) In paragraph (D)(i)(I), strike ``subparagraph (F) 
                or (M) of section 101(a)(15) of the Immigration and 
                Nationality Act'' and substitute ``section 2310 or 2311 
                of title 8, United States Code''.
                  (C) In paragraph (D)(i)(II), strike ``subparagraph 
                (J) or (Q) of such section 101(15)'' and substitute 
                ``section 2312 or 2320 of title 8, United States 
                Code''.
  (e) Title 28.--Title 28, United States Code, is amended as follows:
          (1) In section 751(e), strike ``naturalization fees listed in 
        section 742 of Title 8 and''.
          (2) In section 1605(a)(7)(B)(ii), strike ``section 101(a)(22) 
        of the Immigration and Nationality Act'' and substitute 
        ``section 126 of title 8''.
          (3) In section 1821(e), strike ``section 212(d)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)(5))'' and 
        ``section 240 of such Act (8 U.S.C. 1252(b))'' and substitute 
        ``section 6121 of title 8'' and ``section 6704 of title 8'', 
        respectively.
  (f) Title 46.--Title 46, United States Code, is amended as follows:
          (1) In section 2101(3a), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 126 of title 8''.
          (2) In section 8103(i)(1)(C), strike ``the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.)'' and substitute 
        ``title 8''.
          (3) In section 8704, strike ``section 274A of the Immigration 
        and Nationality Act (8 U.S.C. 1324a)'' and substitute ``chapter 
        111 of title 8''.
  (g) Title 49.--Section 46502(b)(3) of title 49, United States Code, 
is amended by striking ``section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22))'' and substituting ``section 126 
of title 8''.

SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

  (a) No Substantive Change.--Sections 1 and 2 of this Act restate, 
without substantive change, laws enacted before September 16, 1997, 
that were replaced by those sections. Those sections may not be 
construed as making a substantive change in the laws replaced. Laws 
enacted after September 15, 1997, that are inconsistent with this Act 
supersede this Act to the extent of the inconsistency.
  (b) References.--A reference to a law replaced by section 1 or 2 of 
this Act, including a reference in a regulation, order, or other law, 
is deemed to refer to the corresponding provision enacted by this Act.
  (c) Continuing Effect.--An order, rule, or regulation in effect under 
a law replaced by section 1 or 2 of this Act continues in effect under 
the corresponding provision enacted by this Act until repealed, 
amended, or superseded.
  (d) Actions and Offenses Under Prior Law.--An action taken or an 
offense committed under a law replaced by section 1 or 2 of this Act is 
deemed to have been taken or committed under the corresponding 
provision enacted by this Act.
  (e) Inferences.--An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of a 
provision enacted by this Act or by reason of a caption or catch line 
of the provision.
  (f) Severability.--If a provision enacted by this Act is held 
invalid, all valid provisions that are severable from the invalid 
provision remain in effect. If a provision enacted by this Act is held 
invalid in any of its applications, the provision remains valid for all 
valid applications that are severable from any of the invalid 
applications.

SEC. 5. REPEALS.

  (a) Inferences of Repeal.--The repeal of a law by this Act may not be 
construed as a legislative inference that the provision was or was not 
in effect before its repeal.
  (b) Repealer Schedule.--The laws specified in the following schedule 
are repealed, except for rights and duties that matured, penalties that 
were incurred, and proceedings that were begun before the date of 
enactment of this Act:

                                                                Schedule of Laws Repealed                                                               
                                                                    Statutes at Large                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Statutes at Large               U.S. Code      
                 Date                     Chapter or Public Law              Section            --------------------------------------------------------
                                                                                                 Volume            Page            Title      Section   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                 1875                                                                                                                                   
Feb. 18                                 80......................  1 (14th par. on p. 318)......      18  318.....................     8              359
                                                                                                                                                        
                 1879                                                                                                                                   
Mar. 3                                  182.....................  2............................      20  402.....................     8               63
                                                                                                                                                        
                 1887                                                                                                                                   
Feb. 8                                  119.....................  6 (2d sentence less provisos)      24  390.....................     8                3
                                         .......................  .............................  ......  ........................    25              349
                                                                                                                                                        
                 1888                                                                                                                                   
Feb. 1                                  4.......................  1 (last par. under heading         25  9.......................     8               63
                                                                   ``Pay Department'').                                                                 
                                                                                                                                                        
                 1891                                                                                                                                   
Mar. 3                                  551.....................  1, 4, 6-13...................      26  1084, 1085..............     8             1552
                                                                                                                                                        
                 1893                                                                                                                                   
Mar. 3                                  206.....................  1-7, 9, 10...................      27  569, 571................  .....  ..............
                                                                                                                                                        
                 1894                                                                                                                                   
Mar. 17                                 Art. III................  .............................      28  1211....................     8              298
Aug. 18                                 301.....................  1 (last par. on p. 390)......      28  390.....................     8              174
                                                                                                                                                        
                 1895                                                                                                                                   
Mar. 2                                  177.....................  1 (last par. beginning on p.       28  780.....................     8       103, 1552,
                                                                   780).                                                                            1554
                                                                                                                                                        
                 1898                                                                                                                                   
July 1                                  546.....................  1 (2d par. under heading           30  640.....................     8               63
                                                                   ``Back Pay and Bounty'').                                                            
                                                                                                                                                        
                 1900                                                                                                                                   
Apr. 30                                 339.....................  4............................      31  141.....................    48              494
                                                                                                                                                        
                 1901                                                                                                                                   
Mar. 2                                  853.....................  1 (next-to-last par. before        31  1168....................  .....  ..............
                                                                   heading ``Quarantine                                                                 
                                                                   Service'').                                                                          
                                        868.....................  .............................      31  1447....................     8                8
                                                                                                                                                        
                 1902                                                                                                                                   
June 14                                 1088....................  2............................      32  386.....................    22              212
July 1                                  1351....................  (3d complete par. on p. 556).      32  556.....................     8               64
                                                                                                                                                        
                 1903                                                                                                                                   
Feb. 14                                 552.....................  4 (related to immigration), 7      32  826, 828................     8   121, 261, 1551
                                                                   (related to immigration).                                                            
                                                                                                                                                        
                 1904                                                                                                                                   
Apr. 28                                 1762....................  1 (par. under heading              33  478.....................     8              298
                                                                   ``Enforcement of the Chinese-                                                        
                                                                   Exclusion Act'').                                                                    
                                        Pub. H. 33..............  .............................      33  591.....................     8        140, 1552
                                                                                                                                                        
                 1906                                                                                                                                   
May 8                                   2348....................  ``Sec. 6 (2d sentence less         34  182.....................     8                3
                                                                   provisos)''.                                                                         
June 29                                 8692....................  26...........................      34  603.....................  .....  ..............
                                        8624....................  .............................      34  630.....................     8              407
                                                                                                                                                        
                 1910                                                                                                                                   
June 25                                 395.....................  6 (1st par.).................      36  826.....................     8             1557
                                        401.....................  2............................      36  830.....................  .....  ..............
                                                                                                                                                        
                 1913                                                                                                                                   
Mar. 4                                  141.....................  3 (related to Commissioner of      37  737.....................     8       1551, 1552
                                                                   Naturalization and ``known                                                           
                                                                   as the Commissioner General                                                          
                                                                   of Immigration, the                                                                  
                                                                   Commissioners of                                                                     
                                                                   Immigration, the Bureau of                                                           
                                                                   Immigration and                                                                      
                                                                   Naturalization, the Division                                                         
                                                                   of Information, the Division                                                         
                                                                   of Naturalization, and the                                                           
                                                                   Immigration Service at                                                               
                                                                   Large'' in 1st-3d sentences).                                                        
                                                                                                                                                        
                 1915                                                                                                                                   
Mar. 4                                  147.....................  1 (par. under heading              38  1151....................     8              112
                                                                   ``Immigration Service'').                                                            
                                                                                                                                                        
                 1917                                                                                                                                   
Mar. 2                                  145.....................  5, 5a (provisos).............      39  953.....................     8            5, 5a
Mar. 3                                  163.....................  1 (pars. under headings            39  1118....................     8             1552
                                                                   ``Bureau of Immigration''                                                            
                                                                   and ``Bureau of                                                                      
                                                                   Naturalization'').                                                                   
June 12                                 27......................  1 (1st provisos on pp. 170,        40  170, 171................     8         118, 402
                                                                   171).                                                                                
June 15                                 30......................  1............................      40  227.....................    22              213
                                                                                                                                                        
                 1918                                                                                                                                   
May 9                                   69......................  2 (less last proviso), 3 (1st      40  546, 548................     8   359, 395, 406,
                                                                   par.).                                                                            416
                                                                                                                                                        
                 1919                                                                                                                                   
Aug. 15                                 50......................  .............................      41  280.....................     8              114
                                                                                                                                                        
                 1920                                                                                                                                   
June 4                                  223.....................  1, 2, 4, 5...................      41  750, 751................    22    214, 215, 216
                                                                                                                                                        
                 1921                                                                                                                                   
Mar. 3                                  120.....................  3 (1st sentence 1st-29th           41  1250....................     8                3
                                                                   words).                                                                              
Mar. 4                                  161.....................  1 (2d par. under heading           41  1424....................     8            1353c
                                                                   ``Immigration Service'').                                                            
                                                                                                                                                        
                 1922                                                                                                                                   
Mar. 28                                 117.....................  (pars. under headings              42  486.....................     8        118, 1552
                                                                   ``Bureau of Immigration'',                                                           
                                                                   ``Immigration Stations'',                                                            
                                                                   and ``Bureau of                                                                      
                                                                   Naturalization'').                                                                   
Sept. 22                                411.....................  6, 7.........................      42  1022....................     8               10
                                                                                                                                                        
                 1923                                                                                                                                   
Jan. 3                                  22......................  (1st proviso on p. 1101).....      42  1101....................     8              117
Jan. 5                                  24......................  (pars. under headings              42  1127....................     8        118, 1552
                                                                   ``Bureau of Immigration'',                                                           
                                                                   ``Immigration Stations'',                                                            
                                                                   and ``Bureau of                                                                      
                                                                   Naturalization'').                                                                   
                                                                                                                                                        
                 1924                                                                                                                                   
May 28                                  204.....................  (2d proviso on p. 240).......      43  240.....................     8              118
June 2                                  233.....................  .............................      43  253.....................     8         173, 224
June 7                                  379.....................  .............................      43  669.....................     8              228
                                                                                                                                                        
                 1925                                                                                                                                   
Feb. 27                                 364.....................  (2d proviso on p. 1049)......      43  1049....................     8              118
                                                                                                                                                        
                 1926                                                                                                                                   
Apr. 29                                 195.....................  (2d proviso on p. 371).......      44  371.....................     8              118
May 25                                  388.....................  .............................      44  652.....................     8              374
July 3                                  738.....................  2............................      44  812.....................  .....  ..............
                                        772.....................  .............................      44  887.....................    22       211, 211a,
                                                                                                                                              214a, 217,
                                                                                                                                                    217a
                                                                                                                                                        
                 1927                                                                                                                                   
Jan. 26                                 58......................  (1st proviso on p. 1038).....      44  1038....................     8              117
Feb. 24                                 189.....................  (2d proviso on p. 1223)......      44  1223....................     8              118
Feb. 25                                 192.....................  1-3..........................      44  1234....................     8     5b, 5c, 377a
Mar. 4                                  503.....................  2 ``Sec. 5a (provisos)''.....      44  1418....................     8               5a
                                                                                                                                                        
                 1928                                                                                                                                   
Feb. 15                                 57......................  (1st proviso on p. 107)......      45  107.....................     8              118
                                                                                                                                                        
                 1929                                                                                                                                   
Jan. 25                                 102.....................  (2d proviso on p. 1137)......      45  1137....................     8              118
Mar. 2                                  536.....................  6(a), 7(b)...................      45  1514, 1515..............     8        361, 402a
Mar. 4                                  683.....................  2, 3.........................      45  1545....................     8             392a
                                                                                                                                                        
                 1930                                                                                                                                   
Apr. 18                                 184.....................  title IV, Sec. 1 (last par.        46  216.....................     8              118
                                                                   2d proviso under heading                                                             
                                                                   ``Bureau of Immigration'').                                                          
June 19                                 544.....................  .............................      46  787.....................     8               3a
July 1                                  782.....................  .............................      46  839.....................    22             217a
July 3                                  826.....................  .............................      46  849.....................     8             137a
                                                                                                                                                        
                 1931                                                                                                                                   
Feb. 23                                 277.....................  (last proviso on p. 1228)....      46  1228....................     8              117
Mar. 2                                  368.....................  .............................      46  1467....................     8     1353a, 1353b
Mar. 3                                  442.....................  4 (b)........................      46  1512....................     8              370
                                                                                                                                                        
                 1932                                                                                                                                   
May 16                                  187.....................  .............................      47  157.....................    22             217a
May 25                                  203.....................  1............................      47  165.....................     8        392b-392d
June 28                                 283.....................  .............................      47  336.....................     8    5b, 204a-204d
July 5                                  430.....................  (1st proviso on p. 591)......      47  591.....................     8              117
                                                                                                                                                        
                 1933                                                                                                                                   
Mar. 3                                  212.....................  (1st proviso on p. 1500).....      47  1500....................     8              117
                                                                                                                                                        
                 1934                                                                                                                                   
Mar. 15                                 70......................  (1st proviso on p. 435)......      48  435.....................     8         117, 176
May 7                                   221.....................  .............................      48  667.....................     8           3b, 3c
May 24                                  344.....................  5............................      48  798.....................     8   137a, 371, 375
                                                                                                                                                        
                 1935                                                                                                                                   
June 15                                 255.....................  .............................      49  376.....................     8              376
                                                                                                                                                        
                 1937                                                                                                                                   
Aug. 23                                 735.....................  .............................      50  743.....................     8        392b-392d
                                                                                                                                                        
                 1939                                                                                                                                   
May 6                                   115.....................  (1st proviso on p. 668)......      53  668.....................     8              117
June 21                                 234.....................  .............................      53  851.....................     8        392b-392d
                                                                                                                                                        
                 1940                                                                                                                                   
June 28                                 439.....................  22, 40, 41...................      54  673, 676................     8       137, 137-1
Aug. 22                                 688.....................  .............................      54  858.....................     8            1353d
                                                                                                                                                        
                 1941                                                                                                                                   
June 28                                 258.....................  (2d proviso on p. 292).......      55  292.....................     8             103a
                                                                                                                                                        
                 1942                                                                                                                                   
July 2                                  472.....................  (1st proviso on p. 483)......      56  483.....................     8             103a
                                                                                                                                                        
                 1943                                                                                                                                   
July 1                                  182.....................  (1st proviso on p. 288)......      57  288.....................     8             103a
July 12                                 221.....................  (1st proviso on p. 507 words       57  507.....................     8              117
                                                                   before semicolon).                                                                   
Dec. 17                                 344.....................  1............................      57  600.....................  .....  ..............
                                                                                                                                                        
                 1944                                                                                                                                   
June 28                                 294.....................  (1st proviso on p. 412)......      58  412.....................     8             103a
                                        302.....................  (1st proviso on p. 558)......      58  558.....................     8              117
                                                                                                                                                        
                 1945                                                                                                                                   
May 21                                  129.....................  (1st proviso on p. 185)......      59  185.....................     8             103a
Dec. 28                                 591.....................  1, 2, 4-6....................      59  659.....................     8          232-237
                                                                                                                                                        
                 1946                                                                                                                                   
June 29                                 520.....................  .............................      60  339.....................    50        1851-1855
                                                                                                                                   App.                 
July 5                                  541.....................  (proviso on p. 462)..........      60  462.....................     8             103a
                                                                                                                                                        
                 1947                                                                                                                                   
June 28                                 160.....................  .............................      61  190.....................    50             1851
                                                                                                                                   App.                 
July 9                                  211.....................  (2d proviso on p. 292 words        61  292.....................     8             103a
                                                                   before semicolon).                                                                   
July 22                                 289.....................  .............................      61  401.....................     8              237
July 23                                 304.....................  1............................      61  414.....................     8               3b
                                                                                                                                                        
                 1948                                                                                                                                   
Mar. 24                                 141.....................  .............................      62  84......................    50             1851
                                                                                                                                   App.                 
June 1                                  360.....................  2............................      62  283.....................  .....  ..............
June 25                                 647.....................  .............................      62  1009....................    50        1951-1965
                                                                                                                                   App.                 
                                                                                                                                                        
                 1949                                                                                                                                   
Apr. 21                                 85......................  .............................      63  56......................    50   1851-1855 note
                                                                                                                                   App.                 
Oct. 15                                 695.....................  5(a) (related to Commissioner      63  880.....................     8              102
                                                                   of Immigration and                                                                   
                                                                   Naturalization).                                                                     
                                                                                                                                                        
                 1950                                                                                                                                   
June 19                                 262.....................  .............................      62  219.....................    50        1951-1965
                                                                                                                                   App.                 
June 30                                 423.....................  .............................      64  306.....................     8        1184 note
                                        443.....................  .............................      64  316.....................     8        1440 note
July 28                                 503.....................  6............................      64  380.....................     8             1555
Aug. 19                                 759.....................  .............................      64  464.....................     8              239
                                                                                                                                                        
                 1951                                                                                                                                   
Mar. 19                                 9.......................  .............................      65  5.......................     8              239
June 19                                 144.....................  21...........................      65  89......................  .....  ..............
June 28                                 167.....................  2............................      65  96......................    50      1951, 1952,
                                                                                                                                   App.             1954
Aug. 16                                 321.....................  .............................      65  191.....................     8   723, 1435 note
                                                                                                                                                        
                 1952                                                                                                                                   
Feb. 29                                 49......................  2, 3.........................      66  10......................     8       398a, 727a
Apr. 9                                  171.....................  .............................      66  50......................     8        1184 note
June 27                                 477.....................  1, 101(a)(1)-(23), (25)-(49),      66  163, 169, 171, 172, 175,     8       1101, 1101
                                                                   (b)(1)-(5), (c), (e),                  181, 187, 188, 204,               notes, 1102-
                                                                   (f)(less (2)), (g), (h), 102-          228, 246, 251, 266,                1105, 1151,
                                                                   104(e), 105, 201-210, 211,             267, 269, 272, 276, 277.            1152-1160,
                                                                   212(a), (b), (d)(1), (3)-                                                 1181, 1182,
                                                                   (5), (7), (8), (11), (12),                                                 1183-1184,
                                                                   (e)-(o), 213-218, 221-224,                                               1185, 1186a-
                                                                   231-237(a)(1)(E), (G), (H),                                               1188, 1201,
                                                                   (2)-(6), (b), (c), 238-242,                                                1202-1204,
                                                                   243-258, 261-266, 271-                                                     1221-1231,
                                                                   273(c), (e), 274, 274A(a)-                                                1252, 1253,
                                                                   (h), 274B-295, 301-322, 324-                                             1254a-1255a,
                                                                   329(c), 329A-344, 346, 347,                                                1256-1260,
                                                                   349, 351, 356-361, 402(e),                                                 1281-1288,
                                                                   (h)-(j), 403-407, 411-414,                                                 1301-1306,
                                                                   501-507.                                                                   1321-1330,
                                                                                                                                              1351-1353,
                                                                                                                                           1353a, 1353d,
                                                                                                                                             1354-1363b,
                                                                                                                                             1401, 1402-
                                                                                                                                             1409, 1421-
                                                                                                                                             1433, 1435,
                                                                                                                                              1435 note,
                                                                                                                                              1436-1440,
                                                                                                                                              1440 note,
                                                                                                                                           1440-1, 1441-
                                                                                                                                             1455, 1457,
                                                                                                                                             1458, 1481,
                                                                                                                                             1483, 1488,
                                                                                                                                             1489, 1501-
                                                                                                                                             1504, 1521-
                                                                                                                                             1524, 1531-
                                                                                                                                              1537, 1552
                                         .......................  .............................  ......  ........................    48            1421l
                                         .......................  .............................  ......  ........................    50       1952-1955,
                                                                                                                                   App.             1961
                                                                                                                                                        
                 1953                                                                                                                                   
June 30                                 162.....................  .............................      67  108.....................     8      1440a-1440d
July 29                                 268.....................  .............................      67  229.....................    50       1975-1975c
                                                                                                                                   App.                 
Aug. 7                                  336.....................  .............................      67  400.....................    50       1971-1971q
                                                                                                                                   App.                 
                                                                                                                                                        
                 1954                                                                                                                                   
June 18                                 323.....................  .............................      68  264.....................     8            1184a
July 20                                 553.....................  .............................      68  495.....................     8        1435 note
Aug. 31                                 1169....................  .............................      68  1044....................    50      1971b-1971e
                                                                                                                                   App.                 
Sept. 3                                 1254....................  1-3..........................      68  1145....................     8        1154 note
                                        1256....................  .............................      68  1146....................     8       1481, 1481
                                                                                                                                                    note
                                        1263....................  6, 17, 18....................      68  1227, 1232..............     8     1252, 1353c,
                                                                                                                                                    1451
                                                                                                                                                        
                 1955                                                                                                                                   
July 7                                  279.....................  (2d proviso on p. 272).......      69  272.....................     8             1553
                                                                                                                                                        
                 1956                                                                                                                                   
Feb. 10                                 31......................  .............................      70  11......................    22              214
Mar. 16                                 85......................  .............................      70  50......................     8            1401a
June 20                                 414.....................  201 (1st proviso on p. 307)..      70  307.....................     8             1553
July 18                                 629.....................  301(a), (b)..................      70  575.....................     8       1182, 1227
Aug. 1                                  841.....................  33...........................  ......  ........................    22             2705
                                        849.....................  6(b).........................      70  900.....................    50              855
                                                                                                                                                        
                 1957                                                                                                                                   
Sept. 11                                85-316..................  1-3, 10, 12A-14..............      71  639, 642................     8       1101, 1151
                                                                                                                                             note, 1153,
                                                                                                                                              1153 note,
                                                                                                                                             1201a note,
                                                                                                                                                   1255b
                                                                                                                                                        
                 1958                                                                                                                                   
July 7                                  85-508..................  21-25........................      72  351.....................     8      1101, 1182,
                                                                                                                                              1404 note,
                                                                                                                                                    1421
July 18                                 85-531..................  .............................      72  375.....................     8        1184 note
July 25                                 85-559..................  .............................      72  419.....................     8        1182 note
Aug. 8                                  85-616..................  .............................      72  546.....................     8             1259
Aug. 20                                 85-697..................  2............................      72  687.....................     8             1430
Aug. 21                                 85-700..................  .............................      72  699.....................     8       1153 note,
                                                                                                                                                    1255
Sept. 2                                 85-892..................  .............................      72  1712....................  .....  ..............
                                                                                                                                                        
                 1959                                                                                                                                   
Mar. 18                                 86-3....................  20...........................      73  13......................     8      1101, 1182,
                                                                                                                                              1405 note,
                                                                                                                                                    1421
Sept. 14                                86-267..................  .............................      73  552.....................    22             217a
Sept. 22                                86-363..................  1-3, 5.......................      73  644.....................     8       1153, 1153
                                                                                                                                              note, 1155
                                                                                                                                                        
                 1960                                                                                                                                   
July 14                                 86-648..................  3-6, 8-10....................      74  505.....................     8       1182, 1182
                                                                                                                                             note, 1227,
                                                                                                                                                    1255
                                                                                                                                                        
                 1961                                                                                                                                   
Sept. 21                                87-256..................  109..........................      75  534.....................     8      1101, 1182,
                                                                                                                                                    1258
Sept. 26                                87-301..................  2-4, 5(b), 6, 8-15, 18, 19,        75  650, 653, 654, 656, 657.     8      1101, 1105a
                                                                   21-24, 25(b).                                                             note, 1152,
                                                                                                                                              1153 note,
                                                                                                                                             1155, 1182-
                                                                                                                                            1182c, 1201,
                                                                                                                                             1202, 1205,
                                                                                                                                            1251a, 1255a
                                                                                                                                             note, 1440,
                                                                                                                                              1451, 1481
                                                                                                                                                        
                 1962                                                                                                                                   
June 28                                 87-510..................  .............................      76  121.....................     8       1104, 1182
                                                                                                                                                    note
                                         .......................  .............................  ......  ........................    22      1925, 1951,
                                                                                                                                              2601, 2601
                                                                                                                                             note, 2602-
                                                                                                                                                    2605
Oct. 24                                 87-885..................  3............................      76  1247....................     8       1153 note,
                                                                                                                                                    1154
                                                                                                                                                        
                 1964                                                                                                                                   
Aug. 14                                 88-426..................  305(43)......................      78  428.....................     8             1104
Oct. 7                                  88-634..................  201 (proviso under heading         78  1021....................    22             2601
                                                                   ``assistance to refugees in                                                          
                                                                   the United States'').                                                                
                                                                                                                                                        
                 1965                                                                                                                                   
Apr. 11                                 89-10...................  7301-7309....................  ......  ........................    20        7541-7549
Oct. 3                                  89-236..................  1-11, 13-20, 21(a)-(d), (f),       79  911, 918, 921...........     8      1101, 1151,
                                                                   22-24.                                                                     1151 note,
                                                                                                                                              1152-1156,
                                                                                                                                             1181, 1182,
                                                                                                                                              1182 note,
                                                                                                                                             1201, 1202,
                                                                                                                                             1204, 1227,
                                                                                                                                             1253, 1255,
                                                                                                                                              1255 note,
                                                                                                                                             1259, 1322,
                                                                                                                                                    1351
                                                                                                                                                        
                 1966                                                                                                                                   
Nov. 2                                  89-710..................  .............................      80  1104....................     8             1101
                                        89-732..................  3............................      80  1161....................     8        1255 note
Nov. 6                                  89-770..................  .............................      80  1322....................     8             1401
                                                                                                                                                        
                 1967                                                                                                                                   
Dec. 18                                 90-215..................  .............................      81  661.....................     8             1430
                                                                                                                                                        
                 1968                                                                                                                                   
June 29                                 90-369..................  .............................      82  279.....................     8             1430
July 26                                 90-428..................  .............................      82  446.....................    22        213, 214,
                                                                                                                                              217a, 217a
                                                                                                                                                    note
Oct. 21                                 90-609..................  .............................      82  1199....................     8       1351, 1455
Oct. 24                                 90-633..................  .............................      82  1343....................     8      1429, 1439,
                                                                                                                                             1440, 1440e
                                                                                                                                                        
                 1970                                                                                                                                   
Apr. 7                                  91-225..................  .............................      84  116.....................     8      1101, 1182,
                                                                                                                                                    1184
July 10                                 91-313..................  .............................      84  413.....................     8       1183, 1363
Oct. 26                                 91-510..................  421, 422.....................      84  1189....................     8       1106, 1106
                                                                                                                                                    note
                                                                                                                                                        
                 1971                                                                                                                                   
May 14                                  92-14...................  .............................      85  38......................    22    214, 214 note
                                                                                                                                                        
                 1972                                                                                                                                   
Oct. 27                                 92-584..................  2............................      86  1289....................     8            1401b
                                                                                                                                                        
                 1974                                                                                                                                   
Sept. 17                                93-417..................  .............................      88  1151....................    22              214
Oct. 20                                 93-461..................  .............................      88  1387....................     8          331-339
                                                                                                                                                        
                 1975                                                                                                                                   
Nov. 28                                 94-141..................  501(a).......................      89  771.....................    22             2601
Dec. 16                                 94-155..................  .............................      89  824.....................     8             1101
                                                                                                                                                        
                 1976                                                                                                                                   
Apr. 21                                 94-274..................  118..........................      90  389.....................     8       1151 note,
                                                                                                                                              1151a note
Sept. 14                                94-412..................  501(a).......................      90  1258....................     8             1481
Oct. 12                                 94-484..................  601, 602(c), (d), 906........      90  2300, 2325..............     8       1101, 1101
                                                                                                                                             note, 1182,
                                                                                                                                               1182 note
Oct. 18                                 94-550..................  7............................      90  2686....................     8             1357
Oct. 20                                 94-571..................  1-6, 7(a), (c)-(e), (g), 9,        90  2706, 2706, 2707........     8       1101, 1101
                                                                   10.                                                                       note, 1151-
                                                                                                                                              1153, 1153
                                                                                                                                             note, 1181,
                                                                                                                                             1182, 1227,
                                                                                                                                                    1255
                                                                                                                                                        
                 1977                                                                                                                                   
Aug. 1                                  95-82...................  307(q)(1), (2), (3) ``Sec.         91  394, 395................     8       1101, 1101
                                                                   609(c), (d)''.                                                             note, 1182
Aug. 17                                 95-105..................  109(b).......................      91  347.....................     8      1101, 1104,
                                                                                                                                              1104 note,
                                                                                                                                                    1105
Oct. 28                                 95-145..................  101-107......................      91  1228....................     8        1255 note
                                                                                                                                                        
                 1978                                                                                                                                   
Sept. 17                                95-370..................  401..........................      92  627.....................     8        1182 note
Oct. 5                                  95-412..................  .............................      92  907.....................     8       1151, 1151
                                                                                                                                             note, 1152,
                                                                                                                                              1155, 1182
                                                                                                                                                    note
                                        95-417..................  .............................      92  917.....................     8      1153, 1154,
                                                                                                                                               1431-1434
Oct. 7                                  95-426..................  124, 126, 707................      92  971, 992................     8             1185
                                         .......................  .............................  ......  ........................    22             211a
Oct. 10                                 95-431..................  605..........................      92  1045....................     8        1182 note
                                        95-432..................  .............................      92  1046....................     8       1401, 1401
                                                                                                                                             note, 1481,
                                                                                                                                             1482, 1484-
                                                                                                                                                    1487
Oct. 30                                 95-549..................  101-104, 202.................      92  2065, 2066..............     8      1182, 1227,
                                                                                                                                                    1258
Nov. 2                                  95-579..................  3............................      92  2474....................     8             1423
                                        95-582..................  2............................      92  2479....................     8             1324
                                                                                                                                                        
                 1979                                                                                                                                   
Sept. 27                                96-70...................  3201(a), (d).................      93  496, 497................     8       1101, 1101
                                                                                                                                              note, 1182
                                                                                                                                                    note
Nov. 30                                 96-132..................  10, 22, 23...................      93  1047, 1050..............     8       1151 note,
                                                                                                                                               1551 note
                                                                                                                                                        
                 1980                                                                                                                                   
Mar. 17                                 96-212..................  1, 201, 202, 203(a)-(h), (i)       94  102, 108, 110, 117......     8       1101, 1101
                                                                   (related to Sec. 101(a)(3)                                                note, 1151-
                                                                   of Pub. L. 95-145), 204,                                                   1153, 1153
                                                                   311, 312, 313(a)-(c)(1), (d).                                             note, 1157,
                                                                                                                                              1157 note,
                                                                                                                                              1158, 1158
                                                                                                                                             note, 1159,
                                                                                                                                             1181, 1182,
                                                                                                                                              1182 note,
                                                                                                                                              1253, 1255
                                                                                                                                             note, 1521,
                                                                                                                                              1521 note,
                                                                                                                                              1522, 1522
                                                                                                                                             note, 1523-
                                                                                                                                                    1525
                                         .......................  .............................  ......  ........................    22       2601, 2601
                                                                                                                                                    note
Oct. 10                                 96-422..................  1, 101-106, 201-203, 301-304,      94  1799, 1810..............     8        1522 note
                                                                   401-403, 501(a)-(c)(4), (d),                                                         
                                                                   (e).                                                                                 
                                        96-424..................  .............................      94  1820....................     8        1522 note
Oct. 17                                 96-465..................  2206(a)(10)..................      94  2162....................    22             2605
Dec. 16                                 96-533..................  716..........................      94  3162....................     8        1552 note
Dec. 17                                 96-538..................  404..........................      94  3192....................     8             1182
                                                                                                                                                        
                 1981                                                                                                                                   
Aug. 13                                 97-35...................  525, 526, 541-547, 1502......      95  450, 458, 750...........     8       1522 note,
                                                                                                                                               1524 note
                                         .......................  .............................  ......  ........................    20             239a
Dec. 29                                 97-113..................  714..........................      95  1548....................     8        1152 note
                                        97-116..................  1-3, 4(1), (3), 5, 6, 10-15,       95  1611, 1612, 1617, 1619,      8       1101, 1101
                                                                   17, 18(a), 18(c)-(h)(1),               1620, 1621.                        note, 1151,
                                                                   (i), (k)-(t), (u)(2)-21.                                                   1151 note,
                                                                                                                                             1152, 1154,
                                                                                                                                              1182, 1182
                                                                                                                                             note, 1201,
                                                                                                                                             1203, 1221,
                                                                                                                                             1252, 1253,
                                                                                                                                            1255, 1255b,
                                                                                                                                             1258, 1305,
                                                                                                                                             1324, 1356,
                                                                                                                                            1361, 1401a,
                                                                                                                                             1409, 1427,
                                                                                                                                              1431-1433,
                                                                                                                                             1439, 1440,
                                                                                                                                              1445-1448,
                                                                                                                                             1452, 1481,
                                                                                                                                                    1483
                                                                                                                                                        
                 1982                                                                                                                                   
Aug. 24                                 97-241..................  116, 117 ``Sec. 33''.........      96  279.....................    22       214, 217a,
                                                                                                                                              217a note,
                                                                                                                                                    2705
Sept. 30                                97-271..................  .............................      96  1157....................     8        1255 note
Oct. 22                                 97-359..................  .............................      96  1716....................     8             1154
Oct. 25                                 97-363..................  .............................      96  1734....................     8       1101 note,
                                                                                                                                              1522, 1522
                                                                                                                                             note, 1523,
                                                                                                                                                    1524
                                                                                                                                                        
                 1983                                                                                                                                   
Nov. 22                                 98-164..................  1011(a)(1), (b)..............      97  1061....................     8             1522
                                                                                                                                                        
                 1984                                                                                                                                   
Oct. 5                                  98-454..................  602..........................      98  1737....................     8       1182, 1184
Oct. 12                                 98-473..................  101(d) (last par.), 220......      98  1877, 2027..............     8      1182, 1252,
                                                                                                                                              1522, 1522
                                                                                                                                                    note
Oct. 30                                 Priv. L. 98-47..........  3............................      98  3435....................     8             1101
                                        Priv. L. 98-53..........  .............................      98  3437....................     8        1101 note
                                                                                                                                                        
                 1985                                                                                                                                   
Aug. 16                                 99-93...................  111-113, 132.................      99  410, 420................     8        1182 note
                                         .......................  .............................  ......  ........................    22      2601, 2605,
                                                                                                                                              2605 note,
                                                                                                                                                    2606
Dec. 4                                  99-169..................  601..........................      99  1007....................     8             1427
                                                                                                                                                        
                 1986                                                                                                                                   
Aug. 27                                 99-396..................  14(a), 15, 16................     100  842.....................     8      1182, 1408,
                                                                                                                                              1408 note,
                                                                                                                                              1452, 1452
                                                                                                                                                    note
Oct. 18                                 99-500..................  101(b) [Sec. Sec. 205(a)          100  1783-53, 1783-56........     8       1222, 1356
                                                                   ``Sec. 286(d)-(k)'', (b),                                                            
                                                                   206(a) (related to Sec.                                                              
                                                                   232), (b)(1)].                                                                       
Oct. 21                                 99-505..................  .............................     100  1806....................     8       1101, 1101
                                                                                                                                                    note
Oct. 27                                 99-570..................  1751.........................     100  3207-47.................     8       1103 note,
                                                                                                                                              1182, 1182
                                                                                                                                             note, 1227,
                                                                                                                                                    1357
Nov. 6                                  99-603..................  1, 101(a), (c)-(f), 102,          100  3359, 3373, 3381, 3384,      8       1101, 1101
                                                                   111(b), (c), 112-114, 116,             3394, 3404, 3417, 3431,           notes, 1152,
                                                                   117, 201(a), 202-204, 301(a)-          3434, 3440.                         1152 note,
                                                                   (e), (g), 302(a), 303(b),                                                  1153 note,
                                                                   (c), 304, 311-314, 315(a),                                                 1160, 1160
                                                                   (d), (e), 401-407, 501, 601,                                              note, 1184,
                                                                   701, 702.                                                                  1186, 1186
                                                                                                                                             note, 1187,
                                                                                                                                              1187 note,
                                                                                                                                             1227, 1252,
                                                                                                                                            1255, 1255a,
                                                                                                                                            1255a notes,
                                                                                                                                             1258, 1259,
                                                                                                                                              1259 note,
                                                                                                                                             1321, 1324,
                                                                                                                                            1324a, 1324a
                                                                                                                                           notes, 1324b,
                                                                                                                                             1324b note,
                                                                                                                                              1357, 1364
                                         .......................  .............................  ......  ........................    42         405 note
                                        99-605..................  .............................     100  3449....................     8       1101 note,
                                                                                                                                              1522, 1522
                                                                                                                                             note, 1523,
                                                                                                                                                    1524
Nov. 10                                 99-639..................  1, 2(a), (b)(1), (c)-(f), 3-6     100  3537, 3541..............     8       1101 note,
                                                                                                                                              1154, 1154
                                                                                                                                             note, 1182,
                                                                                                                                              1182 note,
                                                                                                                                              1184, 1184
                                                                                                                                            note, 1186a,
                                                                                                                                             1227, 1255,
                                                                                                                                                    1325
Nov. 14                                 99-653..................  1-16, 18-20..................     100  3655, 3658..............     8       1101, 1101
                                                                                                                                             note, 1152,
                                                                                                                                              1153 note,
                                                                                                                                             1182, 1201,
                                                                                                                                            1201a, 1202,
                                                                                                                                             1223, 1227,
                                                                                                                                             1301, 1302,
                                                                                                                                             1304, 1401,
                                                                                                                                             1409, 1431-
                                                                                                                                             1433, 1451,
                                                                                                                                             1452, 1481,
                                                                                                                                                    1483
                                                                                                                                                        
                 1987                                                                                                                                   
July 11                                 100-71..................  (par. under heading ``General     101  394.....................     8             1356
                                                                   Provisions--Department of                                                            
                                                                   Justice'').                                                                          
Dec. 22                                 100-202.................  101(a) [Sec. Sec. 211, 702,       101  1329-18, 1329-39, 1329-      8       1101 note,
                                                                   901, 902], (e) [Sec. 584],             43, 1329-183, 1329-428.             1160, 1201
                                                                   (m) [Sec. 622(b)].                                                        note, 1255a
                                                                                                                                                    note
                                         .......................  .............................  ......  ........................    22        211a note
                                        100-204.................  806(c), 902, 903.............     101  1399, 1400..............     8       1182, 1201
                                                                                                                                             note, 1255a
                                                                                                                                                    note
                                                                                                                                                        
                 1988                                                                                                                                   
Sept. 22                                100-440.................  617(b).......................     102  1755....................    22        211a note
Sept. 28                                100-449.................  307..........................     102  1876....................     8             1184
                                         .......................  .............................  ......  ........................    19        2112 note
Oct. 1                                  100-459.................  209, 210.....................     102  2203....................     8       1101, 1101
                                                                                                                                             note, 1356,
                                                                                                                                                    1455
                                        100-461.................  (9th proviso in par. under        102  2268-15, 2268-37........     8       1101 note,
                                                                   heading ``Migration and                                                     1182 note
                                                                   Refugee Assistance''), 555                                                           
                                                                   (1st proviso on p. 2268-37).                                                         
Oct. 24                                 100-525.................  1, 2(a)(1)(A)-(E), (b), (d)-      102  2609, 2610, 2611, 2612,      8       1101, 1101
                                                                   (f)(1), (h)(1), (i)-(l)(3),            2613, 2614, 2615, 2619,           notes, 1102-
                                                                   (4) (related to Sec. 301(d),           2620, 2622.                        1104, 1152,
                                                                   (e)), (5), (m), (n)(2)-(p),                                                1153 note,
                                                                   (q)(2)-(s), 3(1) (related to                                              1154, 1157,
                                                                   Sec. 14(a)), (2), 4(a)-                                                   1160, 1182,
                                                                   (b)(3), (c), (d), 5-8(o),                                                 1182 notes,
                                                                   9(a)-(d), (f)-(k), (m)-(ff),                                              1184, 1186,
                                                                   (hh)-(kk).                                                               1186a, 1187,
                                                                                                                                              1188, 1188
                                                                                                                                             note, 1201,
                                                                                                                                            1201a, 1202,
                                                                                                                                             1222, 1227,
                                                                                                                                              1227 note,
                                                                                                                                             1227, 1252,
                                                                                                                                            1255, 1255a,
                                                                                                                                             1255a note,
                                                                                                                                            1255b, 1259,
                                                                                                                                             1301, 1302,
                                                                                                                                             1304, 1305,
                                                                                                                                            1324, 1324a,
                                                                                                                                            1324b, 1353,
                                                                                                                                              1356, 1356
                                                                                                                                             note, 1357,
                                                                                                                                             1360, 1408,
                                                                                                                                             1409, 1421,
                                                                                                                                             1422, 1424,
                                                                                                                                             1426, 1431-
                                                                                                                                             1433, 1435,
                                                                                                                                             1440, 1441,
                                                                                                                                             1446, 1447,
                                                                                                                                             1451, 1452,
                                                                                                                                             1454, 1455,
                                                                                                                                             1481, 1483,
                                                                                                                                             1489, 1522,
                                                                                                                                              1522 note,
                                                                                                                                              1523, 1524
Nov. 15                                 100-658.................  .............................     102  3908....................     8       1101 note,
                                                                                                                                               1153 note
Nov. 18                                 100-690.................  7341-7343(a), 7343(c)-            102  4469, 4470, 4472........     8       1101, 1103
                                                                   7347(a), 7347(c)-7350.                                                    note, 1182,
                                                                                                                                              1182 note,
                                                                                                                                              1227, 1227
                                                                                                                                             note, 1228,
                                                                                                                                              1228 note,
                                                                                                                                              1252, 1252
                                                                                                                                             note, 1326,
                                                                                                                                              1326 note,
                                                                                                                                              1327, 1327
                                                                                                                                                    note
                                                                                                                                                        
                 1989                                                                                                                                   
Nov. 21                                 101-162.................  (2d, 3d provisos on p. 1000),     103  1000, 1038..............     8       1101, 1101
                                                                   611.                                                                      note, 1255a
                                                                                                                                              note, 1356
                                        101-166.................  (par. under heading ``Interim     103  1174....................     8       1255a note
                                                                   Assistance to States for                                                             
                                                                   Legalization'').                                                                     
                                        101-167.................  (4th, 8th, 9th provisos on p.     103  1211....................     8        1101 note
                                                                   1211).                                                                               
Nov. 29                                 101-189.................  937..........................     103  1538....................     8        1101 note
Dec. 18                                 101-238.................  1, 3-6.......................     103  2099, 2100, 2104........     8       1101, 1101
                                                                                                                                             note, 1160,
                                                                                                                                              1182 note,
                                                                                                                                             1255a note,
                                                                                                                                              1324a note
                                                                                                                                                        
                 1990                                                                                                                                   
Feb. 16                                 101-246.................  131, 407, 701................     104  31, 67, 74..............     8       1101, 1102
                                                                                                                                              note, 1182
                                         .......................  .............................  ......  ........................    22             2606
Mar. 6                                  101-249.................  .............................     104  94......................     8       1101 note,
                                                                                                                                                  1440-1
May 25                                  101-302.................  (par. under heading               104  228.....................     8        1101 note
                                                                   ``Technical Correction'').                                                           
Nov. 5                                  101-513.................  (2d-4th provisos on p. 1996).     104  1996....................     8        1101 note
                                        101-515.................  210(a), (b), (d).............     104  2120, 2121..............     8       1356, 1356
                                                                                                                                                    note
                                        101-517.................  (pars. under heading              104  2206....................     8       1255a note
                                                                   ``Interim Assistance to                                                              
                                                                   States for Legalization'').                                                          
                                        101-604.................  203(d).......................     104  3083....................    22         214 note
Nov. 29                                 101-649.................  1, 101-104, 111, 112, 121,        104  4978, 4995, 5004, 5005,      8       1101, 1101
                                                                   122(b)-124, 131-134, 142,              5007, 5011, 5012, 5030,           notes, 1102,
                                                                   151, 153, 155, 161, 162(a)-            5036, 5041, 5048, 5051,            1103, 1105a
                                                                   (e)(1), (3), (6), (f)(2),              5052, 5058, 5059, 5065,           notes, 1151,
                                                                   (3), 201-209, 221-223, 231,            5076, 5082, 5083, 5084,             1151 note,
                                                                   302(a), (b), 303, 401-                 5085.                               1152, 1152
                                                                   407(c)(20), (d)-(f), 501,                                                 note, 1153,
                                                                   502(b)-506, 508-510, 511(b),                                              1153 notes,
                                                                   512, 513(b)-515, 521, 531-                                                 1154, 1154
                                                                   539, 541-543(a)(1), (3)-                                                  note, 1157,
                                                                   (10)(A), (b), 544, 545(c)-                                                 1158, 1158
                                                                   (g), 601(a), (b), (d)(2)-                                                 note, 1159,
                                                                   (7), (e), 602(a), (b), (d),                                               1159 notes,
                                                                   603(a)(1)-(5), (7)-(21),                                                   1160, 1160
                                                                   (24), (b)(2), (3)(related to                                               note, 1161
                                                                   Sec. 243(h)(1)), 701-705.                                                 note, 1181,
                                                                                                                                              1182, 1182
                                                                                                                                            notes, 1183,
                                                                                                                                              1184, 1184
                                                                                                                                           notes, 1186a,
                                                                                                                                             1186a note,
                                                                                                                                            1186b, 1187,
                                                                                                                                              1187 note,
                                                                                                                                             1201, 1221,
                                                                                                                                              1221 note,
                                                                                                                                             1222, 1224,
                                                                                                                                             1225, 1226,
                                                                                                                                              1227, 1227
                                                                                                                                            notes, 1228,
                                                                                                                                              1228 note,
                                                                                                                                              1252, 1252
                                                                                                                                            notes, 1253,
                                                                                                                                            1254a, 1254a
                                                                                                                                             note, 1255,
                                                                                                                                              1255 note,
                                                                                                                                            1255a, 1259,
                                                                                                                                             1281, 1282,
                                                                                                                                              1284-1288,
                                                                                                                                              1288 note,
                                                                                                                                             1304, 1321-
                                                                                                                                            1323, 1324a,
                                                                                                                                            1324a notes,
                                                                                                                                            1324b, 1324b
                                                                                                                                           notes, 1324c,
                                                                                                                                              1325-1328,
                                                                                                                                              1330, 1330
                                                                                                                                             note, 1357,
                                                                                                                                             1421, 1423,
                                                                                                                                             1424, 1426-
                                                                                                                                             1430, 1433,
                                                                                                                                              1435-1440,
                                                                                                                                              1440 note,
                                                                                                                                              1441-1451,
                                                                                                                                              1455, 1459
                                                                                                                                                        
                 1991                                                                                                                                   
July 2                                  102-65..................  .............................     105  322.....................     8       1254a note
Oct. 1                                  102-110.................  .............................     105  555.....................     8       1101, 1101
                                                                                                                                            notes, 1153,
                                                                                                                                                    1255
Oct. 28                                 102-138.................  128..........................     105  660.....................     8        1182 note
                                        102-140.................  (3d par. under heading            105  785, 832................     8       1101 note,
                                                                   ``Legal Activities''), 610.                                                     1255a
Nov. 26                                 102-170.................  (pars. under heading              105  1124....................     8       1255a note
                                                                   ``Interim Assistance to                                                              
                                                                   States for Legalization'').                                                          
Dec. 12                                 102-232.................  1, 101, 102, 201-208, 302(a),     105  1733, 1742, 1744, 1745,      8       1101, 1101
                                                                   (b), (c)(2), (d)(2), (3),              1746, 1749, 1751, 1752,           notes, 1102,
                                                                   (5), (e)(1)-(9), 303,                  1753, 1754, 1756, 1757.            1105a note,
                                                                   304(b), (c), 305(a)-(m),                                                   1151, 1151
                                                                   306(a)(1), (3)-(5), (7)-(9),                                              note, 1152,
                                                                   (11)-(13), (b), (c)(1)-                                                    1153, 1153
                                                                   (4)(A), (C), (D), (5), (7),                                              notes, 1154,
                                                                   307(a), (c)-(l)(1), (3)-(8),                                               1157, 1157
                                                                   (m)(2), 308-310.                                                           note, 1158
                                                                                                                                             note, 1159,
                                                                                                                                              1160, 1160
                                                                                                                                             note, 1161,
                                                                                                                                              1182, 1182
                                                                                                                                             note, 1184,
                                                                                                                                             1184 notes,
                                                                                                                                           1186a, 1186b,
                                                                                                                                             1187, 1188,
                                                                                                                                             1201, 1221,
                                                                                                                                             1224, 1226,
                                                                                                                                              1227, 1227
                                                                                                                                            notes, 1228,
                                                                                                                                              1252, 1252
                                                                                                                                            note, 1254a,
                                                                                                                                            1254a notes,
                                                                                                                                              1255, 1255
                                                                                                                                            note, 1255a,
                                                                                                                                             1281, 1282,
                                                                                                                                             1284, 1288,
                                                                                                                                             1322, 1323,
                                                                                                                                            1324a-1324c,
                                                                                                                                             1325, 1356,
                                                                                                                                              1356 note,
                                                                                                                                             1357, 1421,
                                                                                                                                              1421 note,
                                                                                                                                             1423, 1424,
                                                                                                                                             1433, 1439,
                                                                                                                                             1440, 1441,
                                                                                                                                             1443, 1445-
                                                                                                                                              1452, 1455
                                                                                                                                                        
                 1992                                                                                                                                   
Oct. 6                                  102-394.................  (pars. under heading              106  1808....................     8       1255a note
                                                                   ``Interim Assistance to                                                              
                                                                   States for Legalization'').                                                          
                                        102-395.................  112, 113, 610................     106  1843, 1874..............     8       1153 note,
                                                                                                                                              1356, 1440
                                                                                                                                                    note
Oct. 9                                  102-404.................  .............................     106  1969....................     8        1255 note
Oct. 23                                 102-484.................  1079.........................     106  2514....................     8        1222 note
Oct. 23                                 102-509.................  .............................     106  3316....................     8        1153 note
                                                                                                                                                        
                 1993                                                                                                                                   
June 8                                  103-37..................  .............................     107  107.....................     8             1524
June 10                                 103-43..................  2007.........................     107  210.....................     8       1182, 1182
                                                                                                                                                    note
Oct. 27                                 103-121.................  (cls. (1), (2) on p. 1161)...     107  1161....................     8             1356
Dec. 8                                  103-182.................  341, 342.....................     107  2116....................     8             1184
                                         .......................  .............................  ......  ........................    19             3401
Dec. 20                                 103-206.................  323..........................     107  2428....................     8             1288
                                                                                                                                                        
                 1994                                                                                                                                   
Apr. 30                                 103-236.................  127(a), 140(a)-(c), 162(h),       108  394, 399, 407, 409, 411,     8      1101, 1104,
                                                                   (m), (n), 164(b), 430, 501.            459, 460.                           1105, 1182
                                                                                                                                              note, 1351
                                                                                                                                             note, 1521-
                                                                                                                                              1523, 1525
Aug. 26                                 103-317.................  111, (1st, 2d provisos in 1st     108  1736, 1760, 1765, 1778..     8       1182, 1182
                                                                   par. under heading                                                        note, 1255,
                                                                   ``Diplomatic and Consular                                                  1255 note,
                                                                   Programs''), 506, (1st                                                     1356 notes
                                                                   proviso under heading                                                                
                                                                   ``State Criminal Alien                                                               
                                                                   Assistance Program'').                                                               
                                         .......................  .............................  ......  ........................    22         214 note
Sept. 13                                103-322.................  20301, 40701, 40702, 60024,       108  1823, 1953, 1981, 2023,      8      1101, 1105a
                                                                   130001-130004(a), (c), (d),            2027, 2029.                        note, 1151,
                                                                   130005, 130008.                                                            1151 note,
                                                                                                                                             1154, 1158,
                                                                                                                                              1158 note,
                                                                                                                                             1182, 1184,
                                                                                                                                            1186a, 1186a
                                                                                                                                             note, 1227,
                                                                                                                                              1228, 1228
                                                                                                                                            notes, 1252,
                                                                                                                                             1252 notes,
                                                                                                                                             1255, 1258,
                                                                                                                                              1324, 1326
Sept. 30                                103-333.................  (3d, last provisos in last        108  2558....................     8            1255a
                                                                   par. under heading ``State                                                           
                                                                   Legalization Impact-                                                                 
                                                                   Assistance Grants'').                                                                
Oct. 5                                  103-337.................  3605.........................     108  3113....................     8             1101
                                        103-382.................  101 ``Secs. 7301-7309'',          108  3739, 4021, 4028........     8      1255a, 1522
                                                                   391(a), 394(g).                                                                 notes
                                         .......................  .............................  ......  ........................    20        7541-7549
Oct. 25                                 103-415.................  1(b), (d), (m), (bb), (ee),       108  4299, 4301, 4302, 4303..     8       1182 note,
                                                                   (ff).                                                                      1187, 1351
                                                                                                                                                    note
                                         .......................  .............................  ......  ........................    22       211a, 2605
                                        103-416.................  1, 2, 101, 102(a)-(d), 103-       108  4305, 4307, 4312, 4315,      8       1101, 1101
                                                                   109, 201-205, 206(b)-                  4317, 4318, 4319, 4320,            note, 1151,
                                                                   209(a)(2), (4)-(6), (b), 210-          4322.                               1153, 1153
                                                                   215, 217, 218, 219(a)-(h),                                               notes, 1154,
                                                                   (j)-(x), (z), (aa), (cc)-                                                 1160, 1161,
                                                                   (gg), 220, 222, 223(a), 224,                                               1182, 1182
                                                                   225.                                                                      note, 1184,
                                                                                                                                              1184 note,
                                                                                                                                              1185, 1185
                                                                                                                                             note, 1187,
                                                                                                                                             1188, 1202,
                                                                                                                                              1202 note,
                                                                                                                                             1227, 1228,
                                                                                                                                              1252, 1252
                                                                                                                                            note, 1254a,
                                                                                                                                            1255, 1255a,
                                                                                                                                            1255a notes,
                                                                                                                                            1255b, 1256,
                                                                                                                                              1256 note,
                                                                                                                                              1288, 1288
                                                                                                                                             note, 1302,
                                                                                                                                             1322, 1323,
                                                                                                                                              1323 note,
                                                                                                                                           1324a, 1324b,
                                                                                                                                            1324c, 1330,
                                                                                                                                              1356, 1356
                                                                                                                                             note, 1401,
                                                                                                                                              1401 note,
                                                                                                                                             1421, 1423,
                                                                                                                                              1423 note,
                                                                                                                                              1424, 1424
                                                                                                                                             note, 1433,
                                                                                                                                              1433 note,
                                                                                                                                              1435, 1435
                                                                                                                                              note, 1440
                                                                                                                                             note, 1444,
                                                                                                                                              1449, 1449
                                                                                                                                             note, 1451,
                                                                                                                                             1452, 1483,
                                                                                                                                             1501, 1504,
                                                                                                                                              1522, 1524
Nov. 2                                  103-447.................  107..........................     108  4695....................     8        1182 note
                                                                                                                                                        
                 1995                                                                                                                                   
Sept. 30                                104-31..................  119..........................     109  281.....................     8        1351 note
Nov. 15                                 104-51..................  1............................     109  467.....................     8             1101
Nov. 19                                 104-54..................  118..........................     109  544.....................     8        1351 note
Nov. 20                                 104-56..................  118..........................     109  552.....................     8        1351 note
Dec.21                                  104-66..................  1111(a)......................     109  723.....................    22             2606
                                                                                                                                                        
                 1996                                                                                                                                   
Jan. 6                                  104-92..................  112..........................     110  18......................     8        1351 note
Apr. 24                                 104-132.................  302(b), 401(a), (c), (d),         110  1250, 1259, 1267, 1268,      8       1101, 1101
                                                                   (f), 411-413(a), (d)-(g),              1269, 1270, 1272, 1273,            note, 1158,
                                                                   414(b), 421, 423(b), 431,              1274, 1275, 1277, 1280,.            1158 note,
                                                                   432, 435, 436, 438, 439,                                                  1160, 1182,
                                                                   440(b), (c), (e)-(h), 441,                                                1225, 1227,
                                                                   442(a), (c), (d).                                                          1227 note,
                                                                                                                                             1228, 1252,
                                                                                                                                              1252 note,
                                                                                                                                            1252c, 1253,
                                                                                                                                              1253 note,
                                                                                                                                            1255, 1255a,
                                                                                                                                             1259, 1326,
                                                                                                                                              1326 note,
                                                                                                                                               1531-1537
Apr. 26                                 104-134.................  101(a) [title IV, 1st, 2d         110  1321-36.................     8        1351 note
                                                                   provisos under heading                                                               
                                                                   ``Diplomatic and Consular                                                            
                                                                   Programs'' on p. 1321-36].                                                           
Aug. 22                                 104-193.................  110(s), 400-404(a), 411, 412,     110  2175, 2260, 2268, 2273,      8     1160, 1183a,
                                                                   421-423 (a), (b), (d), 431-            2307.                              1183a note,
                                                                   435, 742.                                                                1255a, 1522,
                                                                                                                                             1601, 1611-
                                                                                                                                             1615, 1621,
                                                                                                                                             1622, 1631,
                                                                                                                                             1632, 1641-
                                                                                                                                                    1645
Sept. 30                                104-208.................  Div. A, 101(a) [title I, 5th      110  3009-10, 3009-46, 3009-      8       1101, 1101
                                                                   proviso on p. 3009-10, title           55, 3009-554, 3009-556,           notes, 1102,
                                                                   IV, 1st, 2d provisos under             3009-558, 3009-560,                 1103, 1103
                                                                   heading ``Diplomatic and               3009-563, 3009-565,              notes, 1105a,
                                                                   Consular Programs'' on p.              3009-567, 3009-570,                1151, 1152,
                                                                   3009-46, sec. 407, Div. C,             3009-574, 3009-585,                 1153 note,
                                                                   102-106(a), (c), 108(c),               3009-587, 3009-617,                1154, 1155,
                                                                   109, 110, 122-125, 133, 134,           3009-619, 3009-620,                1156, 1157,
                                                                   203(a)-(d), 205, 212, 213,             3009-621, 3009-622,                 1158, 1158
                                                                   219, 220, 301, 302(a),                 3009-623, 3009-624,               notes, 1159,
                                                                   303(a), (b)(1), 304-                   3009-625, 3009-627,                 1159 note,
                                                                   308(d)(3)(A), (C), (4)(A)-             3009-630, 3009-633,                 1160, 1160
                                                                   (Q), (T), (5), (e)(1)(A)-              3009-635, 3009-641,                 note, 1161
                                                                   (P), (2)(A)-(G), (8)-(15),             3009-644, 3009-645,                note, 1182,
                                                                   (17), (f)(1)(A)-(P), (2)-              3009-646, 3009-648,                1182 notes,
                                                                   (5), (g)(1)(related to INA),           3009-652, 3009-653,               1183, 1183a,
                                                                   (2), (3)(A), (4), (5)(A)(i)-           3009-666, 3009-668,                1183a note,
                                                                   (iii), (B)-(D), (G), (6),              3009-669, 3009-672,               1184, 1186a,
                                                                   (7)(A), (B), (C)(ii), (iii),           3009-673, 3009-675,               1186b, 1187,
                                                                   (E)(i), (F), (8)-(10)(D),              3009-682, 3009-684,                 1187 note,
                                                                   (G), (H), 321-324(b), 326-             3009-688, 3009-689,                 1201, 1201
                                                                   329, 331, 332, 341-352, 354,           3009-695, 3009-704,               notes, 1202,
                                                                   355, 357, 358, 361, 362,               3009-708, 3009-712,                 1202 note,
                                                                   371(a), (b)(2)-(6), (9),               3009-713, 3009-720,                 1221, 1221
                                                                   (d), 372-374(a), (c), 375-             3009-721, 3009-722,                note, 1222,
                                                                   382, 384, 386, 411, 412,               3009-723.                           1222 note,
                                                                   413(b), 414(a), 415, 416,                                                 1223, 1224,
                                                                   421, 501, 504, 505, 508-510,                                               1225, 1225
                                                                   531(a), 551-553, 562, 563,                                               note, 1225a,
                                                                   564(f), 565, 591 (related to                                               1226, 1226
                                                                   INA), 592 (related to INA),                                               note, 1227,
                                                                   594 (related to INA), 601-                                                1227 notes,
                                                                   605, 621-626, 631-636, 641,                                                1228, 1228
                                                                   642, 644, 652(a), (b), (e),                                              notes, 1229,
                                                                   653, 654, 671(a)(1)-(5),                                                 1229a-1229c,
                                                                   (7), (b)(1), (3)-(11), (13),                                              1230, 1231,
                                                                   (14), (c)(2), (5), (6), (d)-                                               1231 note,
                                                                   (f).                                                                      1251, 1252,
                                                                                                                                             1252 notes,
                                                                                                                                           1252a, 1252b,
                                                                                                                                             1253, 1254,
                                                                                                                                            1254a, 1254a
                                                                                                                                            notes, 1255,
                                                                                                                                              1255 note,
                                                                                                                                            1255a, 1255a
                                                                                                                                           notes, 1255b,
                                                                                                                                              1256, 1256
                                                                                                                                             note, 1257,
                                                                                                                                             1258, 1259,
                                                                                                                                             1282, 1284,
                                                                                                                                             1288, 1303,
                                                                                                                                             1304, 1306,
                                                                                                                                             1321, 1322,
                                                                                                                                              1323, 1323
                                                                                                                                             note, 1324,
                                                                                                                                            1324a, 1324a
                                                                                                                                           notes, 1324b,
                                                                                                                                             1324b note,
                                                                                                                                            1324c, 1324c
                                                                                                                                            note, 1324d,
                                                                                                                                             1324d note,
                                                                                                                                              1325, 1325
                                                                                                                                             note, 1326,
                                                                                                                                             1327, 1329,
                                                                                                                                              1329 note,
                                                                                                                                              1330, 1330
                                                                                                                                              note, 1351
                                                                                                                                             note, 1356,
                                                                                                                                             1356 notes,
                                                                                                                                             1357, 1360,
                                                                                                                                              1360 note,
                                                                                                                                             1361, 1362,
                                                                                                                                           1363a, 1363b,
                                                                                                                                             1364, 1366,
                                                                                                                                             1367, 1368-
                                                                                                                                              1375, 1401
                                                                                                                                             note, 1427,
                                                                                                                                              1429, 1433
                                                                                                                                             note, 1483,
                                                                                                                                             1503, 1522,
                                                                                                                                             1522 notes,
                                                                                                                                             1531, 1532,
                                                                                                                                             1534, 1535,
                                                                                                                                             1537, 1612,
                                                                                                                                             1623, 1624,
                                                                                                                                             1631, 1632,
                                                                                                                                             1641, 1642,
                                         .......................  .............................  ......  ........................    22              214
                                         .......................  .............................  ......  ........................    50              855
Oct.11                                  104-293.................  305..........................     110  3465....................     8        1427 note
                                        104-302.................  .............................     110  3656....................     8        1182 note
Oct. 19                                 104-319.................  101..........................     110  3865....................     8       1157 note,
                                                                                                                                               1255 note
                                                                                                                                                        
                 1997                                                                                                                                   
June 12                                 105-18..................  6005.........................     111  191.....................     8       1612, 1612
                                                                                                                                                    note
Aug. 5                                  105-33..................  5301-5308, 5561-5563, 5565,       111  597, 638, 639, 640, 642,     8      1367, 1611,
                                                                   5571-5574, 5581(b)(1)-(3),             643.                                1612, 1612
                                                                   (6), (7).                                                                 note, 1613,
                                                                                                                                             1621, 1622,
                                                                                                                                             1625, 1631,
                                                                                                                                             1632, 1641-
                                                                                                                                             1643, 1645,
                                                                                                                                                    1646
Aug. 8                                  105-38..................  .............................     111  1115....................     8        1433 note
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                Revised Statutes                                                
----------------------------------------------------------------------------------------------------------------
                                                                               United States Code               
                   Revised Statutes Section                    -------------------------------------------------
                                                                         Title                   Section        
----------------------------------------------------------------------------------------------------------------
1995..........................................................                        8                        2
1999..........................................................                        8                       15
2032, 2033....................................................                        8                   61, 62
2037..........................................................                        8                       65
2169..........................................................                        8                      359
4076, 4077....................................................                       22                 212, 218
----------------------------------------------------------------------------------------------------------------


                           United States Code                           
------------------------------------------------------------------------
                   Title                               Section          
------------------------------------------------------------------------
18........................................  1429                        
18........................................  item 1429 in analysis of ch.
                                             69                         
------------------------------------------------------------------------


                                              Reorganization Plans                                              
----------------------------------------------------------------------------------------------------------------
                                                                                         Statutes at Large      
                Year                   Plan                 Section              -------------------------------
                                       No.                                        Volume           Page         
----------------------------------------------------------------------------------------------------------------
1940...............................        5  ..................................    54    1238                  
1977...............................        2  7(a)(8)...........................    91    1637                  
----------------------------------------------------------------------------------------------------------------


                                                Executive Orders                                                
----------------------------------------------------------------------------------------------------------------
                                              Order                                                             
                    Date                       No.                              Section                         
----------------------------------------------------------------------------------------------------------------
                    1933                                                                                        
June 10....................................     6166  14                                                        
----------------------------------------------------------------------------------------------------------------

  (c) Act of February 14, 1917.--The Act of February 14, 1917 (ch. 64, 
39 Stat. 919), is repealed. An action taken or offense committed under 
that Act is deemed to have been taken or committed under section 871 of 
title 18, United States Code.
                                  <all>