[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5035

 To reduce fraud in connection with the provision of legal advice and 
  other services to individuals applying for immigration benefits or 
    otherwise involved in immigration proceedings by requiring paid 
 immigration consultants to be licensed and otherwise provide services 
                       in a satisfactory manner.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

Mr. Gutierrez (for himself, Mr. Serrano, Mr. Pastor, and Mr. Gonzalez) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reduce fraud in connection with the provision of legal advice and 
  other services to individuals applying for immigration benefits or 
    otherwise involved in immigration proceedings by requiring paid 
 immigration consultants to be licensed and otherwise provide services 
                       in a satisfactory manner.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration 
Services Consumer Protection Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Criminal penalty for immigration consultants not meeting 
                            requirements.
Sec. 4. Exception for attorneys, representatives of recognized 
                            organizations, and others; recognition and 
                            accreditation of representatives.
Sec. 5. Education through community outreach programs.
Sec. 6. Non-preemption of more protective State laws.
Sec. 7. Confidentiality of information.
Sec. 8. Effective date.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Attorney.--The term ``attorney'' means a person 
        licensed and authorized to practice law in the area in which 
        the person is acting as an immigration consultant.
            (2) Compensation.--The term ``compensation'' means money, 
        property, promise of payment, or anything of value, provided 
        directly or indirectly.
            (3) Immigration consultant.--The term ``immigration 
        consultant'' means any person that provides assistance or 
        advice on an immigration matter, including--
                    (A) completing a form provided by a Federal or 
                State agency;
                    (B) translating a person's answer to questions 
                asked on such a form;
                    (C) securing for a person supporting documents 
                (such as birth and marriage certificates) which may be 
                necessary to complete those forms;
                    (D) submitting completed forms, on a client's 
                behalf and at the client's request, to the Immigration 
                and Naturalization Service;
                    (E) making referrals to attorneys to represent the 
                client in the matter; or
                    (F) preparing or arranging for the preparation of 
                photograph or fingerprint in connection with the 
                matter.
            (4) Immigration matter.--the term ``immigration matter'' 
        means any proceeding, filing, or action affecting the 
        immigration or citizenship status of any person which arises 
        under any immigration or naturalization law, Executive order, 
        or Presidential proclamation, or action of the Immigration and 
        Naturalization Service, the Department of State, or the 
        Department of Labor.

SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING 
              REQUIREMENTS.

    (a) In General.--Except as provided in section 4, any person who 
acts as an immigration consultant with respect to an immigration matter 
for any client for compensation and who knowingly fails to meet a 
requirement of subsection (b) shall be fined under title 18, United 
States Code, imprisoned not more than 5 years, or both.
    (b) Requirements.--The requirements of this subsection for a person 
acting as an immigration consultant in an immigration matter for a 
client are as follows:
            (1) Consultant license required.--The person shall have a 
        license as an immigration consultant issued by the Immigration 
        and Naturalization Service after the person has made an 
        application that meets such requirements as the Attorney 
        General may impose.
            (2) Written contract.--The person shall not act as an 
        immigration consultant in the immigration matter on behalf of 
        the client unless the person has entered into a written 
        agreement with the client that meets the following 
        requirements:
                    (A) The agreement includes a description of--
                            (i) the services to be performed by the 
                        person under the agreement, and
                            (ii) the amounts to be paid by the client.
                    (B) The agreement includes a statement, printed on 
                the face of the contract in boldface type no smaller 
                than 10 point, that the person is not an attorney and 
                may not perform legal services.
                    (C) The agreement includes a conspicuous statement 
                (in both English and the other principal language of 
                the client, if it is not English) that the client has 
                the right to rescind the agreement within 72 hours of 
                the time it is executed.
                    (D) The agreement shall not include--
                            (i) any guarantee or promise with respect 
                        to the disposition of the Immigration and 
                        Naturalization Service and the Attorney General 
                        on the matter; or
                            (ii) any statement that the person can or 
                        will obtain special favors from or has special 
                        influence with the Service or the Attorney 
                        General on the matter.
            (3) Office notice.--The person shall conspicuously display 
        in any office in which the person meets with clients a notice, 
        not smaller than 12 inches by 20 inches and in boldface print 
no smaller one inch in height, that includes the following information:
                    (A) A copy of the license issued under paragraph 
                (1), including the full name, address, and license 
                number of the person.
                    (B) A statement that the person is not an attorney.
            (4) Notice of change of address.--The person shall notify 
        the Immigration and Naturalization Service within 30 days of 
        any change of name, address, or telephone number.
            (5) Delivery of documents.--The person shall deliver to the 
        client a copy of each document or form completed on the 
        client's behalf.
            (6) Returning documents to client.--The person shall, upon 
        request of the client, return to the client any original 
        documents of the client in the possession of the person that 
        were delivered to the person in order to provide services for 
        the client.

SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED 
              ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION 
              OF REPRESENTATIVES.

    (a) In General.--Section 3(a) shall not apply to the following:
            (1) Attorneys.--An attorney.
            (2) Law students and law graduates not yet admitted to the 
        bar.--A law student who is enrolled in an accredited law 
        school, or a law graduate who is not yet admitted to the bar, 
        where the following conditions are satisfied:
                    (A) Request.--The student or graduate is appearing 
                at the request of the person entitled to 
                representation.
                    (B) Statement of law student.--In the case of a law 
                student, the student has filed a statement that the 
                student is participating, under the direct supervision 
                of a faculty member or an attorney, in a legal aid 
                program or clinic conducted by a law school or non-
                profit organization, and that the student is appearing 
                without direct or indirect remuneration from person 
                represented.
                    (C) Statement of law graduate.--In the case of a 
                law graduate, the graduate has filed a statement that 
                the graduate is appearing under the supervision of a 
                licensed attorney or accredited representative and that 
                the graduate is appearing without direct or indirect 
                remuneration from the person represented.
                    (D) Official permission.--The law student's or law 
                graduate's appearance is permitted by the official or 
                officials before whom the student or graduate wishes to 
                appear. The official or officials may require that a 
                law student be accompanied by the supervising faculty 
                member or attorney.
            (3) Accredited representatives of recognized 
        organizations.--An individual who is an accredited 
        representative of an organization that is recognized under 
        subsection (b).
            (4) Accredited officials.--An accredited official, in the 
        United States, of the government to which an alien owes 
        allegiance, if the official appears solely in an official 
        capacity and with the alien's consent.
            (5) Grandfather.--A person, other than a representative of 
        an organization described in subsection (b), who on December 
        23, 1952, was authorized to practice before the Board of 
        Immigration Appeals and the Immigration and Naturalization 
        Service.
    (b) Recognition of Qualified Organizations; Accreditation of 
Representatives.--
            (1) In general.--The Attorney General shall establish a 
        process--
                    (A) for the recognition of nonprofit religious, 
                charitable, social service, or similar organization 
                established in the United States; and
                    (B) for the accreditation of representatives of a 
                recognized organization to provide immigration 
                services, including practicing before the Immigration 
                and Naturalization Service and the Board of Immigration 
                Appeals, on behalf of the organization.
            (2) Qualifications.--
                    (A) Recognition.--An organization shall not be 
                recognized under paragraph (1)(A) unless the 
                organization establishes to the satisfaction of the 
                Attorney General that it has at its disposal adequate 
                knowledge, information and experience.
                    (B) Accreditation of representatives.--A 
                representative may not be accredited under paragraph 
(1)(B) unless the representative--
                            (i) is of good moral character; and
                            (ii) has sufficient experience and 
                        knowledge of immigration and naturalization law 
                        and procedure to adequately represent clients 
                        of the organization in immigration matters.
            (3) Application process.--The Attorney General shall 
        establish an application process for the recognition of 
        organizations and accreditation of representatives of such 
        organizations under this subsection. As a condition for 
        continuing the recognition of an organization or accreditation 
        of a representative, the Attorney General may require the 
        periodic submission of such application or information as the 
        Attorney General may specify.
            (4) Withdrawal of recognition or accreditation.--The 
        Attorney General may withdraw recognition of any organization 
        or accreditation of a representative if the organization or 
        representative has failed to maintain the qualifications to be 
        so recognized or accredited, under a process specified by the 
        Attorney General.
            (5) Use of current standards.--To the extent practicable, 
        the Attorney General shall carry out this subsection in a 
        manner consistent with the recognition and accreditation 
        process provided by the Board of Immigration Appeals under 
        section 292.2 of title 8, Code of Federal Regulations, as in 
        effect as of the date of the enactment of this Act.
    (c) Construction.--Nothing in section 3 shall be construed as 
applying to a person who does not receive direct or indirect 
compensation for provision of services.

SEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS.

    The Attorney General is authorized to provide grants to States in 
order to provide community outreach programs through State and local 
government agencies to educate individuals who use immigration 
consultants regarding the requirements of this Act.

SEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS.

    The provisions of this Act supersede State laws only to the extent 
the State laws prevent the application of section 3. States may impose 
requirements that are in addition to the requirements established under 
this Act.

SEC. 7. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--Except as provided in this section, neither the 
Attorney General, nor any other official or employee of the Department 
of Justice, or bureau or agency thereof, may use the information 
furnished by any person (including an alien who is not lawfully present 
in the United States) specifically in relation to a violation of this 
Act for any purpose other than to carry out this Act (including 
prosecutions under section 3). If such information is furnished by an 
alien who is not lawfully present in the United States, such 
information shall not be used for the purpose of identifying and 
removing the person from the United States or imposing other sanctions 
against the person, except if the information furnished is false or 
fraudulent.
    (b) Construction.--Nothing in this section shall be construed to 
limit the use, or release, for immigration enforcement purposes or law 
enforcement purposes of information contained in files or records of 
the Immigration and Naturalization Service, other than information 
furnished under subsection (a) that is not available from any other 
source.
    (c) Crime.--Whoever knowingly uses information in violation of this 
section shall be fined not more than $10,000.

SEC. 8. EFFECTIVE DATE.

    This Act applies to actions taken as an immigration consultant on 
and after such date (not later than 2 years after the date of the 
enactment of this Act) as the Attorney General shall specify in 
regulations.
                                 <all>