[Congressional Record Volume 140, Number 57 (Wednesday, May 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN:
  S. 2103. A bill to make the provisions of title IV of the Trade Act 
of 1974 applicable to Cambodia; the Committee on Finance.


            Cambodia Most-Favored-Nation Status Act of 1994

 Mr. McCAIN. Mr. President, I am introducing legislation today 
intended to clear up an anomaly in United States law which prohibits 
the President from granting Cambodia most-favored-nation status.
  Areas of Indochina under Communist control, including significant 
portions of Cambodia, were denied most-favored-nation status [MFN] 
under the Trade Agreements Extension Act of 1951 and the 1974 Trade 
Act. Cambodia as a whole was denied MFN in 1975 by executive action and 
its new trading status was confirmed by Congress in the 1988 Trade Act.
  The 1974 Trade Act provided a process for restoring most-favored-
nation status to those nations denied it. However, only a portion of 
Cambodia was denied MFN at the time the 1974 Act was signed into law. 
There is no clear legal authority for restoring MFN to the entire 
nation under the processes established by the 1974 Trade Act. It cannot 
be restored by reversing the action taken in 1975 through an Executive 
order because Cambodia's non-MFN trading status was made law in the 
1988 Trade Act.
  In short, times have changed and so has Cambodia. The President wants 
to grant MFN to Cambodia, but lacks the authority to do so.
  The legislation I am introducing would give the President the 
authority to grant Cambodia MFN status by bringing the entire country 
under the restoration procedure of the 1974 Trade Act. Under these 
procedures, Cambodia will have to demonstrate compliance with the 
requirements of the Jackson-Vanik amendment, reach a bilateral 
agreement with the United States, and have its status approved by the 
Congress. The President may also waive the requirements of Jackson-
Vanik, as President Bush did in the case of China, and immediately upon 
this legislation becoming law, extend MFN to Cambodia.
  If this legislation passes, Cambodia would be eligible to receive MFN 
by virtually the same process that all other non-MFN countries, except 
the Baltics, have received it since the signing of the 1974 Trade Act.
  Few peoples in modern history have suffered as much as the people of 
Cambodia. The 4-year rule of the Khmer Rouge brought horrific human 
suffering to Cambodia. Between 1 and 3 million people died at the hands 
of the regime, by execution and excesses of a macabre totalitarianism. 
Many thousands more died during the civil war which followed the 1978 
Vietnamese invasion.
  As a constant reminder of the country's recent violent past, land 
mines have given Cambodia the highest percentage of amputees in the 
world. Every month, hundreds of Cambodians are killed or maimed by 
these silent assassins that lie just below the surface of every new 
hope.
  But despite a past that would make a nihilist of the most ardent 
believer in reason and rights of man, the Cambodians continue to 
entertain new hopes. Last summer, amid predictions that violence and a 
low voter turnout would render elections in this unfortunate nation 
meaningless, the people of Cambodia turned out in droves to cast their 
ballots.
  Their perseverance and budding faith in democracy should serve as a 
model for often cynical and apathetic Western democracies. In the face 
of a tragedy, the scale of which our Nation has not experienced since 
our own Civil War, the Cambodian people turned to democracy to chart 
their nation's course. Their faith is a blessing to a world struggling 
to prove the proposition of representative government.
  Cambodia's brighter future is a testament first and foremost to the 
character of its people. Its success, however, has not been without 
outside support. A carefully orchestrated international effort and 
consistent United States policy since the 1991 Paris Peach Accords 
helped bring Cambodia back from catastrophe.
  To its credit, the administration has maintained the United States 
commitment to Cambodia and demonstrated to its people that the United 
States will stand by her during the challenges ahead. At a recent 
meeting of the International Committee on the Reconstruction of 
Cambodia, Secretary Christopher pledged $73 million in United States 
assistance over the next 2 years and helped marshall $700 million over 
the same period from other international donors. The administration has 
also initiated discussions with the Cambodian Government to spell out 
its obligations in case MFN is granted.
  Totalitarianism, invasion and civil war have utterly destroyed the 
economic infrastructure of Cambodia. While direct assistance will help 
rebuild the nation, infrastructure projects are not ends in themselves. 
The principal aim of any assistance must be the formation of capital 
and sustained economic development. It is economic development, not the 
eternal good will and generosity of the international community, that 
will ultimately justify Cambodia's faith in democracy and free markets.
  It is my hope that with proper improvements in its infrastructure, 
giving Cambodia most-favored-nation status will help attract the 
capital investment it needs.
  Before concluding, I want to say just a word about reports that 
senior Cambodian military officials have visited Pyongyang to solicit 
training for Cambodian troops.
  Cambodia's courageous efforts to rebuild their war torn country is 
blessed by the admiration and sympathy of the Western world. Certainly, 
my friend in Cambodia can find more appropriate allies to assist them 
in securing their newly democratic nation. Before approving MFN, the 
President should thoroughly investigate reports of North Korean 
assistance and encourage Cambodia to break off any developing security 
relationship with the tyrants in Pyongyang.
  Mr. President, the future of Cambodia will be determined by the 
Cambodian people. It will not be determined in Washington, New York, or 
Tokyo, but by providing access to the largest market in the world, we 
can help the people of Cambodia help themselves. I call on my 
colleagues to move expeditiously in authorizing the President to extend 
MFN for Cambodia.
                                 ______

      By Mr. HATFIELD (for himself, Mr. Bingaman, Mr. Domenici, and Mr. 
        Cochran):
  S. 2104. A bill to establish within the National Laboratories of the 
Department of Energy a national Albert Einstein Distinguished Educator 
Fellowship Program; to the Committee on Energy and Natural Resources.


     albert einstein distinguished educator fellowship act of 1994

 Mr. HATFIELD. Mr. President, whenever a great enterprise is 
undertaken, whether it's a new business opportunity or a military 
maneuver, good communication with those on the front line is essential 
to waging a successful campaign. The same is true with education. We 
are all aware of the need for reform of education in general, and the 
subjects of math and science in particular. Many Federal departments 
and agencies as well as the Congress have undertaken a variety of 
efforts to better address that need. How well have we done? Could we 
have done better? One of the reasons we cannot answer these questions 
with complete confidence may lie in a recent report.
  In January 1993, the Committee on Education and Human Resources of 
the Federal Coordinating Council for Science, Engineering, and 
Technology [FCCSET] implemented a 5-year strategic plan to improve 
mathematics and science education. The first item on the agenda was the 
appointment of an expert panel to conduct a review of Federal programs 
involved in science, mathematics, engineering, and technology [SMET] 
education and to assess Federal program evaluation efforts.
  The panel found that numerous Federal agencies are sponsoring 
positive reforms in these critical areas. Talented people at all levels 
are bringing about beneficial change. But the panel also found an 
appalling lack of coordination and collaboration within the agencies 
and an equally alarming lack of program evaluation. According to the 
report's concluding statement, ``It is time for a new culture of 
interaction, communication, and coordination to be developed and 
sustained within and among all the agencies in the area of education.
  The bill that I introduce today, the Albert Einstein Distinguished 
Educator Fellowship Act, will help address the problems identified in 
this report, particularly coordination. Based on a program that already 
has an extraordinary track record, both nationally and at home in my 
State of Oregon, this bill will bring teachers into the Government as 
active participants. Norma Paulus, the superintendent of public 
instruction for the State of Oregon has shared her assessment of the 
involvement of teachers in this way, ``We have found their enthusiasm 
inspiring to the staff at the Department, and they certainly bring the 
reality of the classroom into our policy discussions.''
  Because of the value derived from the Oregon program, I introduced a 
version of this bill in 1989 to determine whether the concept would be 
as successful at the Federal level. For the last 4 years, outstanding 
mathematics and science teachers have served constructively in various 
congressional offices. The result has been increased understanding, 
communication, and cooperation between the Federal Government and the 
mathematics and science education community. Specifically, this program 
has signaled educators about our interest in their views as we struggle 
with reform legislation. Meaningful reform can only take place in the 
classroom. We need experienced practitioners, footsoldiers from the 
frontline, helping us assess the effects of Federal programs.
  My legislation will involve 10 outstanding math and science teachers 
for a 10-month academic year. The teachers will gain experience in the 
national laboratories through the Department of Energy. They will then 
use that experience to further the mission of the Department related to 
improving math and science education. The many facets of the 
Department's education program will benefit from the direct input of 
teachers who will have a more complete picture of what can be offered 
to teachers and students. Since elementary math and science education 
is becoming more and more a focus for improvement, the bill does not 
restrict participation to secondary teachers. Elementary teachers with 
a math or science specialty will be encouraged to apply.
  As I pointed out earlier, a pilot program has been in place for 4 
years with remarkable success. I have been the beneficiary of the 
program myself as two Oregon teachers have been participants. Steve 
Boyarsky from Medford, OR, worked in the House Education and Labor 
Committee in 1992 and Pat Canan from Corvallis served on my staff last 
year. In addition, June Yamashita from Hawaii was a fellow in my office 
in 1991. These remarkable teachers brought me a perspective that would 
have been nearly impossible to obtain otherwise. And what hard workers 
they were. Those of you who have not participated in the program have 
missed a most enlightening opportunity. Not only did these fine 
educators add a great deal of insight and expertise to my work, they 
gained an impressive knowledge of the legislative process.
  The Senate has supported the Einstein fellows concept in the past, 
having passed a version of this bill twice. We have lent support from 
the Senate contingency fund to partially finance these fellowships. It 
is now time to put the program on a solid and predictable foundation, 
which is why I seek an authorization through a Federal agency which has 
a strong track record in math and science education improvement 
efforts.
  Support for this concept is widespread among education organizations. 
The National Council for Teachers of Mathematics, the National Science 
Teachers Association, and the Triangle Coalition for Science and 
Technology Education have provided strong support for this legislation. 
To keep the pilot program functioning during the years without 
congressional legislation, the MacArthur Foundation, The Triangle 
Coalition, the Department of Energy, the National Institutes of Health, 
and NASA supplemented the funds provided by the Congress. What greater 
testimony could there be to their commitment to this program?
  The fellows that this bill places in the Department of Energy can 
serve as a nucleus for the new culture of coordination called for in 
the FCCSET report. Let us charge them with this new role. I felt the 
program was significant 4 years ago. I now see it as vital to bring 
about needed change.
  An additional benefit of the program is the experience that the 
fellows carry back to their school district. If we really believe that 
it is important for our citizens to understand and appreciate the 
processes of the Federal Government, what better way to accomplish this 
understanding than by having teachers experience that process by 
active, constructive participation?
  The responsible roles these former fellows have assumed after their 
tenure are varied and impressive. They are serving as resource 
consultants for technological societies, members of numerous State task 
forces on math-science education, spokesmen on needed reforms, and 
advisory committee members to State departments of education. They make 
themselves available to the staff with whom they worked for any 
assistance they can provide. We continue to benefit from their service.
  In conclusion, we need to keep in mind that one of our National Goals 
for education as enacted in Goals 2000 is that our students will rank 
first in the world in math and science achievement by the year 2000. 
We're a long way from accomplishing that goal and we cannot afford 
misdirections and false starts. Our efforts must be on a direct path.
  Albert Einstein would be proud to have his name associated with this 
bill for he always stressed the importance in any situation of 
continuing to ask questions, hard questions. In the past, we sometimes 
have been derelict in asking those hard questions of the right people. 
These Einstein fellows will be invaluable advisors and consultants that 
will help keep education reform on that direct path by helping with 
both the right questions and better answers.
  I urge the full support of my colleagues and ask unanimous consent 
that the text of my legislation as well as various letters of support 
be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2104

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Albert Einstein 
     Distinguished Educator Fellowship Act of 1994''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) the Department of Energy has unique mathematics and 
     science capabilities within the National Laboratories;
       (2) a need exists to increase understanding, communication, 
     and cooperation between the Department of Energy and the 
     mathematics and science community;
       (3) the mathematics and science community includes a cadre 
     of nationally recognized outstanding elementary and secondary 
     school mathematics and science teachers; and
       (4) a pilot program has confirmed the effectiveness of 
     outstanding elementary and secondary school mathematics and 
     science teachers serving in professional staff capacities in 
     the Federal Government.

     SEC. 3. PURPOSE; DESIGNATION.

       (a) Purpose.--It is the purpose of this Act to establish 
     within the National Laboratories a national fellowship 
     program for outstanding mathematics and science teachers who 
     have made a contribution to energy conservation.
       (b) Designation.--A recipient of a fellowship under this 
     Act shall be known as a ``Department of Energy Albert 
     Einstein Fellow''.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) the term ``contractor'' means a nonprofit organization 
     selected by the Secretary to administer the fellowship 
     program authorized under this Act;
       (2) the term ``National Laboratory'' means a National 
     Laboratory of the Department of Energy;
       (3) the term ``outstanding'', used with respect to an 
     elementary or secondary school mathematics or science 
     teacher, means such a teacher who--
       (A) has established an effective energy conservation 
     program; and
       (B)(i) is a State or national winner of the Presidential 
     Award for Excellence in Mathematics and Science Teaching;
       (ii) has participated in the Woodrow Wilson Fellowship 
     Program; or
       (iii) has been a recipient of national or State recognition 
     comparable to the recognition described in clause (i) or 
     (ii); and
       (4) the term ``Secretary'' means the Secretary of Energy.

     SEC. 5. FELLOWSHIP PROGRAM AUTHORIZED.

       (a) In General.--
       (1) In general.--(A) Except as provided in subparagraph 
     (B), the Secretary is authorized to establish the Department 
     of Energy Albert Einstein Distinguished Educator Fellowship 
     Program within the National Laboratories in order to provide 
     10 outstanding elementary or secondary school mathematics or 
     science teachers with fellowships within the National 
     Laboratories in each fiscal year in accordance with this Act.
       (B) The Secretary may reduce the number of fellowships 
     awarded under this Act in any fiscal year if the amount 
     appropriated pursuant to the authority of section 7 for such 
     year is less than the amount authorized to be appropriated 
     pursuant to such authority for such year.
       (2) Term of fellowships.--Fellowships under this Act shall 
     be awarded for a period of 10 months that, to the extent 
     possible, coincide with the academic year.
       (b) Program Administration.--
       (1) Contract.--The Secretary is authorized to enter into a 
     contract with a contractor to enable such contractor to 
     administer the Department of Energy Albert Einstein 
     Distinguished Educator Fellowship Program.
       (2) Requirements.--The contractor shall provide for--
       (A) development and administration of an application 
     process for the awarding of fellowships under this Act;
       (B) publication of information regarding the fellowship 
     program in appropriate professional publications and inviting 
     applications from teachers listed in the directories of the 
     Presidential Awardees, the Woodrow Wilson Fellows, and other 
     national and State recognition programs;
       (C) development and administration of an initial screening 
     process of applicants for the Department of Energy Albert 
     Einstein Fellowship Program to narrow the pool of such 
     applicants to 10 outstanding elementary and secondary school 
     mathematics teachers and 10 outstanding elementary and 
     secondary school science teachers;
       (D) development of the process whereby final selections of 
     fellowship recipients are made in accordance with subsection 
     (d)(2);
       (E) development of a program of orientation for fellowship 
     recipients under this Act;
       (F) establishment and administration of a reporting and 
     evaluation program for each year fellowships are awarded 
     under this Act; and
       (G) submission of an annual report and evaluation of the 
     fellowship program assisted under this Act to the Secretary 
     on August 31, 1995, and each year thereafter.
       (c) Use of Funds.--
       (1) In general.--The contractor shall only use funds under 
     this Act to provide for fellowship recipient salaries, 
     Federal insurance contributions under chapter 21 of the 
     Internal Revenue Code of 1986 with respect to such salaries, 
     administrative expenses (including information dissemination, 
     direct mailing, advertising, direct staff costs for 
     coordination and accounting services), expenses of conducting 
     an orientation program, relocation expenses, and the expenses 
     of conducting the final selection interviews described in 
     subsection (d)(1).
       (2) Special rule.--The contractor may seek funding from 
     non-Federal sources to establish an account from which 
     fellowship recipients may be reimbursed for travel, 
     professional meetings, and other appropriate expenses.
       (d) Selection.--
       (1) In general.--The contractor shall invite the 20 
     semifinalists to Washington, D.C., to participate in 
     interviews after the initial screening process described in 
     subparagraph (C) of subsection (b)(2) is completed.
       (2) Final selection.--The contractor shall provide for 
     developing and conducting a process whereby final selections 
     of fellowship recipients under this Act are made by the 
     Secretary or the Secretary's designee.
       (e) Final Placement.--
       (1) In general.--Each individual selected to receive a 
     fellowship pursuant to subsection (d) shall interview in 
     various National Laboratories.
       (2) Date.--The final placement described in paragraph (1) 
     shall take place on or before the first day of the fellowship 
     period.

     SEC. 6. FELLOWSHIP AWARDS.

       Each recipient of a fellowship under this Act shall be paid 
     during the fellowship period at a rate of pay that shall not 
     exceed the minimum annual rate payable for a position under 
     GS-13 of the General Schedule.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $550,000 for fiscal 
     year 1995, and such sums as may be necessary for each of the 
     fiscal years 1996 through 2001, to carry out this Act.
                                  ____



                               Oregon Department of Education,

                                                 January 26, 1994.
     Hon. Mark O. Hatfield,
     U.S. Senator, Hart Office Building, Washington, DC.
       Dear Senator Hatfield: Thank you for your efforts to create 
     a fellowship program for outstanding mathematics and science 
     teachers that draws attention to the critical need for 
     excellence in mathematics and science instruction, 
     particularly at the elementary and secondary level. I 
     wholeheartedly support the bill.
       The Einstein Distinguished Educator Fellowship bill 
     provides an opportunity for ten distinguished teachers to 
     contribute their knowledge and skills to the work of the 
     federal government. The fellows would bring a fresh 
     perspective based on an intimate understanding of the world 
     of the classroom to their work as fellows.
       As I reviewed the draft of the bill, I noted the similarity 
     between the proposed Einstein Fellows program and our own 
     Distinguished Oregon Educator program. The Oregon Educational 
     Act for the 21st Century calls for the Oregon Department of 
     Education to bring six outstanding teachers to Salem each 
     year to work with their educational colleagues across the 
     state to reform and restructure our schools. Because of those 
     outstanding educators' credibility with teachers in the 
     field, they are able to stimulate a fresh look at old 
     practices. We have found their enthusiasm inspiring to the 
     staff at the Department, and they certainly bring the reality 
     of the classroom into our policy discussions.
       Our experience in Oregon has been so beneficial, I am 
     confident that a similar program at the federal level would 
     prove equally rewarding to the fellows and to staff.
       Let me again express my enthusiasm for this proposal; if I 
     can help advance the bill, please let me know.
           Sincerely,
                                                     Norma Paulus.
                                  ____

                                               National Council of


                                      Teachers of Mathematics,

                                                 February 8, 1994.
     Hon. Mark O. Hatfield,
     U.S. Senate, Washington, DC.
       Dear Senator Hatfield: The National Council of Teachers of 
     Mathematics (NCTM), an organization with over 110,000 members 
     dedicated to improving mathematics education, supports the 
     goals and objectives of the Albert Einstein Outstanding 
     Educator Fellowship Act which will provide ten fellowships 
     for mathematics and science teachers from either the 
     elementary or secondary level. We believe that having 
     experienced classroom teachers serving as fellows in the 
     Congress, the Departments of Education and Energy, the 
     National Institutes of Health, the National Science 
     Foundation, the Office of Science and Technology Policy, and 
     the National Aeronautics and Space Administration, will 
     promote understanding and communication of mathematics and 
     science education. Mathematics and science teachers will be 
     able to provide others with first-hand knowledge and 
     experiences of teaching children and teenagers these 
     subjects.
       We look forward to continuing to work with you and the 
     Congress to improve mathematics education.
           Sincerely yours,
                                               Richard Long Ed.D.,
                                  Government Relations Specialist.
                                  ____

         Triangle Coalition for Science and Technology Education,
                                                 February 9, 1994.
     Hon. Mark O. Hatfield,
     Hart Senate Office Building, Washington, DC.
       Dear Senator Hatfield: The Coalition has followed with 
     great interest the development of your bill ``to establish a 
     national Albert Einstein Distinguished Educator Fellowship 
     Program for outstanding elementary and secondary mathematics 
     and science teachers.'' We understand that the bill is now 
     complete and that you will be introducing it soon to the 
     Senate.
       Your bill has our strong endorsement. As you know we have 
     worked closely with the secondary school science and 
     mathematics teachers who have served as fellows in the 
     Congress during the past four years. The teachers presence on 
     the staffs of Members of Congress and of Congressional 
     committees has, we believe, provided fresh viewpoints to the 
     legislative process. Their experiences have certainly 
     broadened their knowledge of and interest in the legislative 
     process and made an outstanding contribution to education 
     legislation.
       We have heard from most of the teachers after they have 
     returned to their schools following their fellowship periods. 
     They have all spoken enthusiastically about their experiences 
     and have told of their continued involvement in public 
     affairs.
       We will be pleased to contribute whatever will be useful to 
     assure passage of the bill.
       With best personal regards.
           Sincerely,
                                            John M. Fowler, Ph.D.,
                                               Executive Director.
                                  ____

                                                  National Science


                                         Teachers Association,

                                                 February 9, 1994.
     Hon. Mark O. Hatfield,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Hatfield: At the recent National Science 
     Teachers Association (NSTA) Board of Directors' meeting a 
     motion was passed in which the Board unanimously supported 
     legislation in support of Einstein Fellowships.
       NSTA has in the past supported Einstein Fellowships. Past 
     recipients have been very instrumental in participating in 
     the legislative process in congress. These Fellows have also 
     become very active within our association and others, in 
     involving and informing other educators about the legislative 
     process. It is our understanding that the new proposed 
     legislation expands the use of Eisenhower Fellows to several 
     government agencies. We at NSTA support this activity because 
     these agencies have demonstrated their active involvement in 
     science education.
       We would be most willing to circulate information about the 
     Einstein Fellowships to our members through our publications.
           Sincerely,
                                                 Gerry M. Madrazo,

                                                President.

                                 ______

      By Mrs. HUTCHISON:
  S. 2105. A bill to amend the Immigration and Nationality Act and 
other laws of the United States relating to border security, illegal 
immigration, alien eligibility for Federal financial benefits and 
services, criminal activity by aliens, alien smuggling, fraudulent 
document use by aliens, asylum, terrorist aliens, and for other 
purposes; to the Committee on the Judiciary.


                illegal immigration control act of 1994

  Mrs. HUTCHISON. Madam President, I send a bill to the desk and ask 
unanimous consent for its referral to the committee of jurisdiction.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Madam President, I rise today to introduce the 
Illegal Immigration Control Act of 1994. This bill would reform 
virtually every aspect of immigration law and would reduce the 
staggering costs associated with illegal immigration which is currently 
assumed by the American taxpayers.
  A column appearing in the Washington Post last Friday reported that 
today in Los Angeles, your home State, Madam President, illegal 
immigrants and their children total nearly 1 million people. That is a 
city of illegal immigrants the size of San Diego, the sixth largest 
city in this country. Governor Wilson of California, who wrote the 
article, provides a brief, but eye-opening, account of the Federal 
Government's complete failure to control the flood of illegal 
immigration and concludes by saying, ``We simply can't wait any longer. 
We need immigration reform, and we need it now.''
  Madam President, I agree.
  That is why I am introducing this legislation today. It is a bill 
that takes a comprehensive approach to dealing with a major, emerging 
problem in our country.
  Similar legislation, H.R. 3860, has been offered in the House by 
Congressman Lamar Smith of Texas, who chaired the House Republican task 
force on illegal immigration. This task force conducted research and 
held hearings for nearly 8 months to create the bulk of the legislation 
which I offer.
  So I commend my colleague in the Texas delegation for his good work 
and say that I hope to carry the ball over the goal line in the Senate.
  Let me reemphasize at the outset that my legislation deals solely 
with illegal immigration. While there is other legislation before the 
Congress to address the whole spectrum of immigration, both legal and 
illegal and, for example, would provide a 5-year breathing space by 
reducing the number of legal immigrants admitted in our country through 
the year 1999, and while a Gallup Poll reported last year that 65 
percent of Americans believe that the number of legal immigrants should 
be reduced and therefore may favor such legislation, my bill responds 
to the far greater cry of American people who see our schools, our 
hospitals, our social services, and our prisons overwhelmed by the 
Federal Government's failure to control our borders.
  This debate is not about generosity. America is undoubtedly the most 
generous country in the world, admitting as many legal immigrants as 
the rest of the world combined. This debate is about sovereignty. We 
need not and should not apologize for strictly enforcing our 
immigration laws.
  America cannot continue, nor afford, to be a land of unlimited 
opportunity for those who immigrate here in violation of our laws. In 
order to prosper and determine its destiny, America must control its 
borders. This legislation takes a major step in that direction.
  Madam President, before I highlight some of the provisions of my 
bill, let me give you a glimpse of the magnitude of the problem.
  According to current but unofficial estimates of the U.S. Census 
Bureau, there are 3.3 million illegal aliens in this country. 
California is the home for 52 percent of that number.
  The cost to California alone of providing federally mandated services 
to illegal immigrants and their families is more than $3 billion a 
year, something I am sure is well known to you, Madam President.
  In my home State of Texas, there are over \1/2\ million illegal 
aliens. One comprehensive study issued from Rice University estimated 
the total net cost to the Texas taxpayer of providing federally 
mandated services was $1.2 billion in 1992. That is $1.2 billion net of 
the $235 million in estimated taxes paid by illegal immigrants in my 
State.
  This same study estimates that the total net cost to Texas taxpayers 
for the next decade will be about $14.4 billion.
  There are, of course, different opinions producing other estimates of 
the economic costs of illegal immigration. The State of Texas puts the 
net cost attributable to illegal aliens at closer to $200 million a 
year.
  A fair statement is it is probably somewhere between $200 million and 
$1 billion a year.
  Whatever the exact figure, there can be no doubt, and allow me to 
borrow from the late Senator Everett Dirksen when I say that we are 
talking real money here.
  My opinion is we must first take back control of our borders. At the 
same time, we must continue our assault on the illegal immigration 
problem by attacking the magnets that draw illegal aliens to the United 
States in the first place.
  My legislation would achieve both objectives.
  To regain control of our borders, this legislation restores important 
deterrents to illegal entry and it would beef up physical barriers, 
such as lighting and ditches at areas of high cross-border traffic.
  More importantly, it would provide reinforcement to those already on 
the front lines by increasing the number of Border Patrol stations by 
6,000 over 5 years.
  Our Border Patrol station in El Paso is a case study on how placing 
more agents on the front line works. The credit belongs to ``Silver'' 
Reyes--the first Hispanic American to become a Border Patrol chief--who 
took over the El Paso sector last July 4.
  By September of that year, he was implementing his new strategy that 
would prove so successful that it now serves as a basis of improvements 
all along our border.
  What Mr. Reyes did was not brilliant. But it took the genius of an 
ordinary person--who had enough of the irreverence for our laws--to 
make an observation and turn it into action.
  What he did was simply move his agents up to the border. Before, 
agents were not on the border, but engaged in hopelessly chasing 
illegal aliens throughout the city.
  Indications of his success: The number of illegal immigrants in El 
Paso has gone down by 81 percent since the crackdown; the streets of El 
Paso are virtually free of panhandlers, and crime in the city has been 
reduced by 46 percent. Finally, most polls show that 95 percent of El 
Pasoans approve of the action.
  Madam President, the people want action.
  Later this month, my colleague, Senator Simpson, from Wyoming, plans 
to hold hearings on immigration reform. It is my desire to present 
testimony at that hearing, and I think it would be wise for the 
Immigration and Refugee Affairs Subcommittee to have Chief Reyes 
present as well, so that we can get his insights and observations, and 
perhaps the benefit of his success.
  Putting more agents on the border alone, however, is not sufficient. 
We must also address the magnets of easy availability of jobs and easy 
access to Government benefits.
  To this end, this legislation would prohibit most Government benefits 
to illegal aliens. Only emergency medical care and the Supreme Court 
mandated schooling for all children will still be allowed.
  Madam President, these federally imposed mandates involving public 
welfare for illegal immigrants must stop. Providing these services is 
not only unfair to the millions of citizens who, as legal aliens, are 
legally entitled to them, but they are costly to America in general--
costing taxpayers $8 billion in 1992--and to a handful of States in 
particular.
  These federally mandated costs are killing local and State 
governments. For example, Maverick County--one of our border counties 
containing the city of Eagle Pass, TX--pays approximately $3 million a 
year in funds it does not have, to educate illegal immigrant children. 
That would be troublesome enough. But the story gets worse.
  As conveyed by Maverick County Judge Carpenter to my staff counsel, 
many of these children cross the border in the morning to get their 
schooling and return back across the border at the end of the day.
  Other border communities can attest to witnessing the same thing. 
This cannot be what the Federal Government intended its policy to be. 
It simply defies reason.
  The legislation also incorporates the language from a bill introduced 
by Senator Graham of Florida--which I cosponsored--requiring the 
Federal Government to take custody of criminal aliens who are 
incarcerated in State or local correctional facilities or else pay for 
the cost of incarceration.
  Immigration control is purely a responsibility of the Federal 
Government. If the Federal Government is going to provide incentives--
in the way of mandated benefits--for illegal aliens to come to the 
United States, then it should foot the bill.
  The legislation I am introducing today would also:
  Expedite the exclusion of certain unqualified asylum claimants;
  Streamline the asylum process;
  Increase the penalties for smuggling illegal aliens;
  Reduce Federal aid payments to sanctuary cities that have an official 
policy of noncooperation with INS-Justice with respect to arrest and 
detention of illegal aliens; and
  Streamline the process of deporting the convicted criminal aliens who 
make up 24 percent of the Federal prison population--and a staggering 
41 percent in Texas.
  Finally, Madam President, the legislation provides an alternative to 
using the legislatively popular border-crossing fee to pay for a 
significant portion of the bill.
  I have consulted with many of the mayors and country judges along the 
Texas-Mexico border and have decided that for now the preferable path 
to take is to forego a border-crossing fee.
  Therefore, the legislation I offer provides for a reduction in 
overhead costs incurred in federally sponsored research at institutions 
of higher learning. In short, my bill would limit the reimbursement 
rate for a university to 50 percent for overhead--indirect costs 
incurred for conducting R&D that the Government sponsors.
  In closing, I reemphasize that America is the most generous country 
in the world.
  But the patience of the American people is dissipating with the 
failed Federal policy that results in this country's porous borders.
  The legislation I offer today will not be a cure-all, but it does 
represent badly needed action.
  Madam President, I send to the desk the bill and a section-by-section 
summary of the bill and ask unanimous consent that they be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2105

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Illegal Immigration Control 
     Act of 1994''.

     SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--INTERDICTION

Sec. 101. Physical barriers.
Sec. 102. Border patrol agents.
Sec. 103. Interior repatriation program.
Sec. 104. Detention facilities.
Sec. 105. Notice to service of port of entry arrivals.

                       TITLE II--ALIEN SMUGGLING

Sec. 201. Expanded forfeiture for smuggling or harboring illegal 
              aliens.
Sec. 202. Including alien smuggling as a racketeering activity for 
              purposes of racketeering influenced and corrupt 
              organizations (RICO) enforcement authority.
Sec. 203. Enhanced penalties for alien smuggling and for employers who 
              knowingly employ smuggled aliens.
Sec. 204. Wiretap authority for alien smuggling investigations.

                      TITLE III--INS INVESTIGATORS

Sec. 301. Immigration and Naturalization Service investigators.

                     TITLE IV--GOVERNMENT BENEFITS

Sec. 401. Prohibition of benefits for certain categories of aliens.
Sec. 402. Unemployment benefits.
Sec. 403. Housing benefits.
Sec. 404. Save system.
Sec. 405. Limitation on Federal financial assistance to localities that 
              refuse to cooperate in the arrest and deportation of 
              unlawful aliens.
Sec. 406. Uniform vital statistics.

                        TITLE V--CRIMINAL ALIENS

Sec. 501. Authorizing registration of aliens on criminal probation or 
              criminal parole.
Sec. 502. Expansion in definition of ``aggravated felony''.
Sec. 503. Deportation procedures for certain criminal aliens who are 
              not permanent residents.
Sec. 504. Judicial deportation.
Sec. 505. Restricting defenses to deportation for certain criminal 
              aliens.
Sec. 506. Enhancing penalties for failing to depart, or reentering, 
              after final order of deportation.
Sec. 507. Miscellaneous and technical changes.
Sec. 508. Criminal alien tracking center.
Sec. 509. Prisoner transfer treaty study.
Sec. 510. Expediting criminal alien deportation and exclusion.
Sec. 511. Incarceration of or payment for criminal aliens by the 
              Federal Government.

                       TITLE VI--TERRORIST ALIENS

Sec. 601. Removal of alien terrorists.
Sec. 602. Membership in a terrorist organization as a basis for 
              exclusion from the United States under the Immigration 
              and Nationality Act.

                         TITLE VII--INSPECTIONS

Sec. 701. Preinspection at foreign airports.
Sec. 702. Training of airline personnel in detection of fraudulent 
              documents.
Sec. 703. Passport and visa offenses penalties improvement.

                           TITLE VIII--ASYLUM

Sec. 801. Inspection and exclusion by immigration officers.
Sec. 802. Asylum.
Sec. 803. Failure to appear for provisional asylum hearing; judicial 
              review.
Sec. 804. Conforming amendments.
Sec. 805. Effective dates.

                           TITLE IX--FUNDING

Sec. 901. Reduction in overhead costs incurred in federally sponsored 
              research.
                         TITLE I--INTERDICTION

     SEC. 101. PHYSICAL BARRIERS.

       The Attorney General, in consultation with the Commissioner 
     of the Immigration and Naturalization Service, shall take 
     action to install additional physical barriers at the United 
     States border to deter unauthorized crossings in areas of 
     high illegal entry into the United States. Such additional 
     barriers shall include barriers similar to those in use in 
     the San Diego, California, vicinity.

     SEC. 102. BORDER PATROL AGENTS.

       In addition to such amounts as are otherwise authorized to 
     be appropriated, there is authorized to be appropriated for 
     each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for 
     salaries and expenses of the Border Patrol such amounts as 
     may be necessary to provide for an increase in the number of 
     agents of the Border Patrol by 6,000 full-time equivalent 
     agent positions (and necessary support personnel positions) 
     beyond the number of such positions authorized for the Border 
     Patrol as of October 1, 1993.

     SEC. 103. INTERIOR REPATRIATION PROGRAM.

       Not later than 180 days after the date of enactment of this 
     Act, the Attorney General and the Commissioner of the 
     Immigration and Naturalization Service shall develop and 
     implement a program in which aliens who previously have 
     illegally entered the United States not less than 3 times and 
     are deported or returned to a country contiguous to the 
     United States will be returned to locations not less than 500 
     kilometers from that country's border with the United States.

     SEC. 104. DETENTION FACILITIES.

       (a) Border Detention Facilities.--Not later than 180 days 
     after the date of enactment of this Act, the Attorney General 
     and the Commissioner of the Immigration and Naturalization 
     Service shall take appropriate action to increase the 
     capability of the Immigration and Naturalization Service to 
     detain individuals who have illegally entered the United 
     States at a border area.
       (b) Transfer of Closed Military Bases for Federal Illegal 
     Alien Incarceration Facilities.--
       (1) Priority availability to department of justice.--
     Notwithstanding any other provision of law, a military 
     installation or facility of the Department of Defense to be 
     closed under a base closure law may be made available, as 
     determined by the Attorney General, to the Bureau of Prisons 
     of the Department of Justice for use as a facility for the 
     incarceration of aliens who are subject to exclusion or 
     deportation from the United States.
       (2) Definition.--For purposes of this subsection, the term 
     ``base closure law'' means each of the following:
       (A) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).
       (B) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       (C) Section 2687 of title 10, United States Code.
       (D) Any other similar law enacted after the date of the 
     enactment of this Act.

     SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIVALS.

       The Attorney General is authorized to require, by 
     regulation, not less than 24 hour advance notice to the 
     Immigration and Naturalization Service of the intention of 
     any vessel to arrive at any port of entry.
                       TITLE II--ALIEN SMUGGLING

     SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING 
                   ILLEGAL ALIENS.

       (a) In General.--Paragraph (1) of section 274(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended 
     to read as follows:
       ``(1)(A) Except as provided in subparagraph (B), the 
     following property shall be subject to seizure and 
     forfeiture:
       ``(i) Any conveyance, including any vessel, vehicle, or 
     aircraft, which has been or is being used in the commission 
     of a violation of subsection (a).
       ``(ii) Any property, real or personal, which--
       ``(I) constitutes, or is derived from or traceable to, the 
     proceeds obtained directly or indirectly from the commission 
     of a violation of subsection (a), or
       ``(II) is used to facilitate, or is intended to be so used 
     in the commission of, a violation of subsection (a)(1)(A).
       ``(B)(i) No property used by any person as a common carrier 
     in the transaction of business as a common carrier shall be 
     forfeited under this section, unless the owner or other 
     person with lawful custody of the property was a consenting 
     party to or privy to the violation of subsection (a) or of 
     section 274A(a)(1) or 274A(a)(2).
       ``(ii) No property shall be forfeited under the provisions 
     of this section by reason of any act or omission established 
     by the owner to have been committed or omitted by a person 
     other than the owner while the property was unlawfully in the 
     possession of a person other than the owner in violation of 
     the criminal laws of the United States or of any State.
       ``(iii) No property shall be forfeited under the provisions 
     of this section to the extent of an interest of the owner, by 
     reason of any act or omission established by the owner to 
     have been committed or omitted without the knowledge, 
     consent, or willful disregard of the owner, unless the act or 
     omission was committed or omitted by an employee or agent of 
     the owner or other person with lawful custody of the property 
     with the intent of furthering the business interests of, or 
     to confer any other benefit upon, the owner or other person 
     with lawful custody of the property.''.
       (b) Conforming Amendments.--Section 274(b) of such Act (8 
     U.S.C. 1324(b)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``conveyance'' and inserting ``property'' 
     each place it appears, and
       (B) by striking ``is being used in'' and inserting ``is 
     being used in, is facilitating, has facilitated, is 
     facilitating or was intended to facilitate''; and
       (2) in paragraphs (4) and (5), by striking ``a 
     conveyance'', ``any conveyance'', and ``conveyance'' and 
     inserting ``property'' each place it appears.

     SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEERING 
                   ACTIVITY FOR PURPOSES OF RACKETEERING 
                   INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) 
                   ENFORCEMENT AUTHORITY.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' before ``(E) any act'', and
       (2) by inserting before the period at the end the 
     following: ``, or (F) any act which is indictable under 
     section 274(a)(1) of the Immigration and Nationality Act 
     (relating to alien smuggling)''.

     SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING AND 
                   FOR EMPLOYERS WHO KNOWINGLY EMPLOY SMUGGLED 
                   ALIENS.

       Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended--
       (1) by striking ``or'' at the end of subparagraph (C),
       (2) by striking the comma at the end of subparagraph (D) 
     and inserting ``; or'',
       (3) by inserting after subparagraph (D) the following:
       ``(E) contracts or agrees with another party for that party 
     to provide, for employment by the person or another, an alien 
     who is not authorized to be employed in the United States, 
     knowing that such party intends to cause such alien to be 
     brought into the United States in violation of the laws of 
     the United States,'', and
       (4) by striking ``five years'' and inserting ``ten years''.

     SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING 
                   INVESTIGATIONS.

       Section 2516(1) of title 18, United State Code, is 
     amended--
       (1) in paragraph (c) by inserting after ``weapons),'' the 
     following: ``or a felony violation of section 1028 (relating 
     to production of false identification documentation), section 
     1542 (relating to false statements in passport applications), 
     section 1546 (relating to fraud and misuse of visas, permits, 
     and other documents),'';
       (2) by striking out ``or'' after paragraph (l) and 
     redesignating paragraphs (m), (n), and (o) as paragraphs (n), 
     (o), and (p), respectively; and
       (3) by inserting after paragraph (l) the following new 
     paragraph:
       ``(m) a violation of section 274 of the Immigration and 
     Nationality Act (8 U.S.C. 1324) (relating to alien 
     smuggling), of section 277 of the Immigration and Nationality 
     Act (8 U.S.C. 1327) (relating to the smuggling of aliens 
     convicted of aggravated felonies or of aliens subject to 
     exclusion on grounds of national security), or of section 278 
     of the Immigration and Nationality Act (8 U.S.C. 1328) 
     (relating to smuggling of aliens for the purpose of 
     prostitution or other immoral purpose);''.
                      TITLE III--INS INVESTIGATORS

     SEC. 301. IMMIGRATION AND NATURALIZATION SERVICE 
                   INVESTIGATORS.

       In addition to such amounts as are otherwise authorized to 
     be appropriated, there is authorized to be appropriated for 
     each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for 
     salaries and expenses of the Immigration and Naturalization 
     Service such amounts as may be necessary to provide for an 
     increase in the number of investigators of the Immigration 
     and Naturalization Service by 1,000 full-time equivalent 
     investigator positions (and such support personnel as are 
     necessary) beyond the number of such positions authorized as 
     of October 1, 1993.
                     TITLE IV--GOVERNMENT BENEFITS

     SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CATEGORIES OF 
                   ALIENS.

       (a) Direct Federal Financial Benefits.--Subject to 
     subsection (b) and the Immigration and Nationality Act, and 
     notwithstanding any other provision of law, an alien not 
     lawfully within the United States as a permanent resident, a 
     refugee, an asylee, or a parolee is not eligible for any 
     direct Federal financial benefit or social insurance benefit 
     (whether through grant, loan, guarantee, or otherwise) as 
     such benefits are identified by the Attorney General in 
     consulation with other appropriate heads of the various 
     departments and agencies of the Federal Government.
       (b) Emergency Medical Care.--Subsection (a) shall not apply 
     with respect to the Federal reimbursement of emergency 
     medical care for aliens, as determined by the Secretary of 
     Health and Human Services by regulation.

     SEC. 402. UNEMPLOYMENT BENEFITS.

       (a) Prohibition.--An alien who has not been granted 
     employment authorization pursuant to the Immigration and 
     Nationality Act or other Federal law shall be ineligible for 
     unemployment compensation under an unemployment compensation 
     law of a State or the United States.
       (b) Condition of Eligibility.--An alien granted temporary 
     work authorization shall be eligible only for unemployment 
     compensation under an employment compensation law of a State 
     or the United States that accrued during such time as the 
     alien was authorized to work.

     SEC. 403. HOUSING BENEFITS.

       (a) Limitation.--Notwithstanding section 401 or any other 
     provision of law, no alien who is not a permanent resident, a 
     refugee, an asylee, or a parolee shall be eligible for 
     benefits under the following provisions of law:
       (1) The program of rental assistance on behalf of low-
     income families provided under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f).
       (2) The program of assistance to public housing under title 
     I of the United States Housing Act of 1937 (42 U.S.C. 1437 et 
     seq.).
       (3) The loan program under section 502 of the Housing Act 
     of 1949 (42 U.S.C. 1472).
       (4) The program of interest reduction payments pursuant to 
     contracts entered into by the Secretary of Housing and Urban 
     Development under section 236 of the National Housing Act (12 
     U.S.C. 1715z-1).
       (5) The program of loans for rental and cooperative housing 
     under section 515 of the Housing Act of 1949 (42 U.S.C. 
     1485).
       (6) The program of rental assistance payments pursuant to 
     contracts entered into under section 521(a)(2)(A) of the 
     Housing Act of 1949 (42 U.S.C. 1490a(a)(2)(A)).
       (7) The program of assistance payments on behalf of 
     homeowners under section 235 of the National Housing Act (12 
     U.S.C. 1715z).
       (8) The program of rent supplement payments on behalf of 
     qualified tenants pursuant to contracts entered into under 
     section 101 of the Housing and Urban Development Act of 1965 
     (12 U.S.C. 1701s).
       (9) The loan and grant programs under section 504 of the 
     Housing Act of 1949 (42 U.S.C. 1474) for repairs and 
     improvements to rural dwellings.
       (10) The loan and assistance programs under sections 514 
     and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486) for 
     housing for farm labor.
       (11) The program of grants for preservation and 
     rehabilitation of housing under section 533 of the Housing 
     Act of 1949 (42 U.S.C. 1490m).
       (12) The program of grants and loans for mutual and self-
     help housing and technical assistance under section 523 of 
     the Housing Act of 1949 (42 U.S.C. 1490c).
       (13) The program of site loans under section 524 of the 
     Housing Act of 1949 (42 U.S.C. 1490d).
       (b) Regulations.--Not later than January 1, 1995, the 
     Secretary of Housing and Urban Development shall issue final 
     regulations to carry out subsection (a).

     SEC. 404. SAVE SYSTEM.

       There are authorized to be appropriated for each of the 
     fiscal years 1995, 1996, 1997, 1998, and 1999 such sums as 
     may be necessary to carry out the purposes of the automated 
     SAVE system established under section 121 of the Immigration 
     Reform and Control Act of 1986 (Public Law 99-603).

     SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO 
                   LOCALITIES THAT REFUSE TO COOPERATE IN THE 
                   ARREST AND DEPORTATION OF UNLAWFUL ALIENS.

       Notwithstanding any other provision of law, Federal 
     financial assistance shall be reduced by 20 percent to any 
     local government on and after such date as the Attorney 
     General certifies that the local government has an official 
     policy of refusing to cooperate with officers or employees of 
     the Department of Justice (including the Immigration and 
     Naturalization Service) with respect to the arrest and 
     deportation of aliens who are not lawfully present within the 
     United States. Such reduction in assistance is not 
     reimbursable and shall continue for as long as the policy of 
     noncooperation remains in effect.

     SEC. 406. UNIFORM VITAL STATISTICS.

       (a) Pilot Program.--The Secretary of Health and Human 
     Services shall consult with the State agency responsible for 
     registration and certification of births and deaths and, 
     within 3 years of the date of enactment of this Act, shall 
     establish a pilot program for 3 of the 5 States with the 
     largest number of undocumented aliens of an electronic 
     network linking the vital statistics records of such States. 
     The network shall provide, where practical, for the matching 
     of deaths with births and shall enable the confirmation of 
     births and deaths of citizens of such States, or of aliens 
     within such States, by any Federal or State agency or 
     official in the performance of official duties. The Secretary 
     and participating State agencies shall institute measures to 
     achieve uniform and accurate reporting of vital statistics 
     into the pilot program network, to protect the integrity of 
     the registration and certification process, and to prevent 
     fraud against the Government and other persons through the 
     use of false birth or death certificates.
       (b) Report.--Not later than 180 days after the 
     establishment of the pilot program under subsection (a), the 
     Secretary shall issue a written report to Congress with 
     recommendations on how the pilot program could effectively be 
     instituted as a national network for the United States.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal year 1994 and for subsequent 
     fiscal years such sums as may be necessary to carry out this 
     section.
                        TITLE V--CRIMINAL ALIENS

     SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL 
                   PROBATION OR CRIMINAL PAROLE.

       Section 263(a) of the Immigration and Nationality Act (8 
     U.S.C. 1303(a)) is amended by striking ``and (5)'' and 
     inserting ``(5) aliens who are or have been on criminal 
     probation or criminal parole pursuant to the laws of the 
     United States or of any State, and (6)''.

     SEC. 502. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

       (a) Expansion in Definition.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended to read as follows:
       ``(43) The term `aggravated felony' means--
       ``(A) murder;
       ``(B) any illicit trafficking in any controlled substance 
     (as defined in section 102 of the Controlled Substances Act), 
     including any drug trafficking crime as defined in section 
     924(c) of title 18, United States Code;
       ``(C) any illicit trafficking in any firearms or 
     destructive devices as defined in section 921 of title 18, 
     United States Code, or in explosive materials as defined in 
     section 841(c) of title 18, United States Code;
       ``(D) any offense described in sections 1951 through 1963 
     of title 18, United States Code;
       ``(E) any offense described in--
       ``(i) subsections (h) or (i) of section 842, title 18, 
     United States Code, or subsection (d), (e), (f), (g), (h), or 
     (i) of section 844 of title 18, United States Code (relating 
     to explosive materials offenses),
       ``(ii) paragraph (1), (2), (3), (4), or (5) of section 
     922(g), or section 922(j), section 922(n), section 922(o), 
     section 922(p), section 922(r), section 924(b), or section 
     924(h) of title 18, United States Code (relating to firearms 
     offenses), or
       ``(iii) section 5861 of title 26, United States Code 
     (relating to firearms offenses);
       ``(F) any crime of violence (as defined in section 16 of 
     title 18, United States Code, not including a purely 
     political offense) for which the term of imprisonment imposed 
     (regardless of any suspension of such imprisonment) is at 
     least 5 years;
       ``(G) any theft offense (including receipt of stolen 
     property) or any burglary offense, where a sentence of 5 
     years imprisonment or more may be imposed;
       ``(H) any offense described in section 875, section 876, 
     section 877, or section 1202 of title 18, United States Code 
     (relating to the demand for or receipt of ransom);
       ``(I) any offense described in section 2251, section 2251A 
     or section 2252 of title 18, United States Code (relating to 
     child pornography);
       ``(J) any offense described in section 1084 of title 18, 
     United States Code, where a sentence of 5 years imprisonment 
     or more may be imposed;
       ``(K) any offense relating to commercial bribery, 
     counterfeiting, forgery or trafficking in vehicles whose 
     identification numbers have been altered, where a sentence of 
     5 years imprisonment or more may be imposed;
       ``(L) any offense--
       ``(i) relating to the owning, controlling, managing or 
     supervising of a prostitution business,
       ``(ii) described in section 2421 through 2424 of title 18, 
     United States Code, for commercial advantage, or
       ``(iii) described in sections 1581 through 1585, or section 
     1588, of title 18, United States Code (relating to peonage, 
     slavery, and involuntary servitude);
       ``(M) any offense relating to perjury or subornation of 
     perjury where a sentence of 5 years imprisonment or more may 
     be imposed;
       ``(N) any offense described in--
       ``(i) section 793 (relating to gathering or transmitting 
     national defense information), section 798 (relating to 
     disclosure of classified information), section 2153 (relating 
     to sabotage) or section 2381 or section 2382 (relating to 
     treason) of title 18, United States Code, or
       ``(ii) section 421 of title 50, United States Code 
     (relating to protecting the identity of undercover 
     intelligence agents);
       ``(O) any offense--
       ``(i) involving fraud or deceit where the loss to the 
     victim or victims exceeded $200,000; or
       ``(ii) described in section 7201 of title 26, United States 
     Code (relating to tax evasion), where the tax loss to the 
     Government exceeds $200,000;
       ``(P) any offense described in section 274(a)(1) of the 
     Immigration and Nationality Act (relating to alien smuggling) 
     for the purpose of commercial advantage;
       ``(Q) any violation of section 1546(a) of title 18, United 
     States Code (relating to document fraud), for the purpose of 
     commercial advantage; or
       ``(R) any offense relating to failing to appear before a 
     court pursuant to a court order to answer to or dispose of a 
     charge of a felony, where a sentence of 2 years or more may 
     be imposed;

     or any attempt or conspiracy to commit any such act. Such 
     term applies to offenses described in this paragraph whether 
     in violation of Federal or State law and applies to such 
     offenses in violation of the laws of a foreign country for 
     which the term of imprisonment was completed within the 
     previous 15 years.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to all convictions entered before, on, or after 
     the date of enactment of this Act.

     SEC. 503. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS 
                   WHO ARE NOT PERMANENT RESIDENTS.

       (a) Technical and Conforming Changes.--Section 242A of the 
     Immigration and Nationality Act (8 U.S.C. 1252a) is amended 
     as follows:
       (1) In subsection (a)--
       (A) by striking ``(a) In General.--'' and inserting ``(b) 
     Deportation of Permanent Resident Aliens.--(1) in general.--
     ''; and
       (B) by inserting in the first sentence ``permanent 
     resident'' after ``correctional facilities for'';
       (2) In subsection (b)--
       (A) by striking ``(b) Implementation.--'' and inserting 
     ``(2) implementation.--''; and
       (B) by striking ``respect to an'' and inserting ``respect 
     to a permanent resident'';
       (3) By striking out subsection (c);
       (4) In subsection (d)--
       (A) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) expedited proceedings.--(A)'';
       (B) by inserting ``permanent resident'' after ``in the case 
     of any''; and
       (C) by striking ``(2)'' and inserting ``(B)'';
       (5) In subsection (e)--
       (A) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     review.--(A)'';
       (B) by striking the second sentence; and
       (C) by striking ``(2)'' and inserting ``(B)'';
       (6) By inserting after the section heading the following 
     new subsection:
       ``(a) Presumption of Deportability.--An alien convicted of 
     an aggravated felony shall be conclusively presumed to be 
     deportable from the United States.''; and
       (7) The heading of such section is amended to read as 
     follows:


 ``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED 
                              FELONIES''.

       (b) Elimination of Administrative Hearing for Certain 
     Criminal Aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following:
       ``(c) Deportation of Aliens Who Are Not Permanent 
     Residents.--
       ``(1) Notwithstanding section 242, and subject to paragraph 
     (5), the Attorney General may issue a final order of 
     deportation against any alien described in paragraph (2) whom 
     the Attorney General determines to be deportable under 
     section 241(a)(2)(A)(iii) (relating to conviction of an 
     aggravated felony).
       ``(2) An alien is described in this paragraph if the 
     alien--
       ``(A) was not lawfully admitted for permanent residence at 
     the time that proceedings under this section commenced, or
       ``(B) had permanent resident status on a conditional basis 
     (as described in section 216) at the time that proceedings 
     under this section commenced.
       ``(3) The Attorney General may delegate the authority in 
     this section to the Commissioner or to any District Director 
     of the Service.
       ``(4) No alien described in this section shall be eligible 
     for--
       ``(A) any relief from deportation that the Attorney General 
     may grant in his discretion, or
       ``(B) relief under section 243(h).
       ``(5) The Attorney General may not execute any order 
     described in paragraph (1) until 14 calendar days have passed 
     from the date that such order was issued, in order that the 
     alien has an opportunity to apply for judicial review under 
     section 106.''.
       (c) Limited Judicial Review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (2) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``aggravated felony''; and
       (3) by adding at the end the following new subsection:
       ``(d) Notwithstanding subsection (c), a petition for review 
     or for habeas corpus on behalf of an alien described in 
     section 242A(c) may only challenge whether the alien is in 
     fact an alien described in such section, and no court shall 
     have jurisdiction to review any other issue.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.

     SEC. 504. JUDICIAL DEPORTATION.

       (a) Judicial Deportation.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended by inserting 
     at the end the following new subsection:
       ``(d) Judicial Deportation.--
       ``(1) Authority.--Notwithstanding any other provision of 
     this Act, a United States district court shall have 
     jurisdiction to enter a judicial order of deportation at the 
     time of sentencing against an alien whose criminal conviction 
     causes such alien to be deportable under section 
     241(a)(2)(A)(iii) (relating to conviction of an aggravated 
     felony), if such an order has been requested prior to 
     sentencing by the United States Attorney with the concurrence 
     of the Commissioner.
       ``(2) Procedure.--
       ``(A) The United States Attorney shall provide notice of 
     intent to request judicial deportation promptly after the 
     entry in the record of an adjudication of guilt or guilty 
     plea. Such notice shall be provided to the court, to the 
     alien, and to the alien's counsel of record.
       ``(B) Notwithstanding section 242B, the United States 
     Attorney, with the concurrence of the Commissioner, shall 
     file at least 20 days prior to the date set for sentencing a 
     charge containing factual allegations regarding the alienage 
     of the defendant and satisfaction by the defendant of the 
     definition of aggravated felony.
       ``(C) If the court determines that the defendant has 
     presented substantial evidence to establish prima facie 
     eligibility for relief from deportation under section 212(c), 
     the Commissioner shall provide the court with a 
     recommendation and report regarding the alien's eligibility 
     for relief under such section. The court shall either grant 
     or deny the relief sought.
       ``(D)(i) The alien shall have a reasonable opportunity to 
     examine the evidence against him or her, to present evidence 
     on his or her own behalf, and to cross-examine witnesses 
     presented by the Government.
       ``(ii) The court, for the purposes of determining whether 
     to enter an order described in paragraph (1), shall only 
     consider evidence that would be admissible in proceedings 
     conducted pursuant to section 242(b).
       ``(iii) Nothing in this subsection shall limit the 
     information a court of the United States may receive or 
     consider for the purposes of imposing an appropriate 
     sentence.
       ``(iv) The court may order the alien deported if the 
     Attorney General demonstrates by clear and convincing 
     evidence that the alien is deportable under this Act.
       ``(3) Notice, appeal, and execution of judicial order of 
     deportation.--
       ``(A)(i) A judicial order of deportation or denial of such 
     order may be appealed by either party to the court of appeals 
     for the circuit in which the district court is located.
       ``(ii) Except as provided in clause (iii), such appeal 
     shall be considered consistent with the requirements 
     described in section 106.
       ``(iii) Upon execution by the defendant of a valid waiver 
     of the right to appeal the conviction on which the order of 
     deportation is based, the expiration of the period described 
     in section 106(a)(1), or the final dismissal of an appeal 
     from such conviction, the order of deportation shall become 
     final and shall be executed at the end of the prison term in 
     accordance with the terms of the order.
       ``(B) As soon as is practicable after entry of a judicial 
     order of deportation, the Commissioner shall provide the 
     defendant with written notice of the order of deportation, 
     which shall designate the defendant's country of choice for 
     deportation and any alternate country pursuant to section 
     243(a).
       ``(4) Denial of judicial order.--Denial of a request for a 
     judicial order of deportation shall not preclude the Attorney 
     General from initiating deportation proceedings pursuant to 
     section 242 upon the same ground of deportability or upon any 
     other ground of deportability provided under section 
     241(a).''.
       (b) Technical and Conforming Changes.--The ninth sentence 
     of section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by striking out ``The'' and 
     inserting in lieu thereof, ``Except as provided in section 
     242A(d), the''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to all aliens whose adjudication of guilt or 
     guilty plea is entered in the record after the date of 
     enactment of this Act.

     SEC. 505. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN 
                   CRIMINAL ALIENS.

       (a) Defenses Based on Seven Years of Permanent Residence.--
     The last sentence of section 212(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(c)) is amended by striking out 
     ``has served for such felony or felonies'' and all that 
     follows through the period and inserting in lieu thereof 
     ``has been sentenced for such felony or felonies to a term of 
     imprisonment of at least 5 years, provided that the time for 
     appealing such conviction or sentence has expired and the 
     sentence has become final.''.
       (b) Defenses Based on Withholding of Deportation.--Section 
     243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1253(h)(2)) is amended--
       (1) by striking out the final sentence and inserting in 
     lieu thereof the following new subparagraph:
       ``(E) the alien has been convicted of an aggravated 
     felony.''; and
       (2) by striking out the ``or'' at the end of subparagraph 
     (C) and inserting ``or'' at the end of subparagraph (D).

     SEC. 506. ENHANCING PENALTIES FOR FAILING TO DEPART, OR 
                   REENTERING, AFTER FINAL ORDER OF DEPORTATION.

       (a) Failure to Depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (1) by striking out ``paragraph (2), (3), or 4 of'' the 
     first time it appears, and
       (2) by striking out ``shall be imprisoned not more than ten 
     years'' and inserting in lieu thereof, ``shall be imprisoned 
     not more than two years, or shall be imprisoned not more than 
     ten years if the alien is a member of any of the classes 
     described in paragraph (2), (3), or (4) of section 241(a).''.
       (b) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors or'', and
       (B) by striking out ``5'' and inserting in lieu thereof 
     ``10'',
       (2) in paragraph (2), by striking out ``15'' and inserting 
     in lieu thereof ``20'', and
       (3) by adding at the end the following sentence:
       ``For the purposes of this subsection, the term 
     `deportation' shall include any agreement where an alien 
     stipulates to deportation during a criminal trial under 
     either Federal or State law.''.
       (c) Collateral Attacks on Underlying Deportation Order.--
     Section 276 of the Immigration and Nationality Act (8 U.S.C. 
     1326) is amended by inserting after subsection (b) the 
     following new subsection:
       ``(c) In any criminal proceeding under this section, no 
     alien may challenge the validity of the deportation order 
     described in subsection (a)(1) or subsection (b) unless the 
     alien demonstrates--
       ``(1) that the alien exhausted the administrative remedies 
     (if any) that may have been available to seek relief against 
     such order,
       ``(2) that the deportation proceedings at which such order 
     was issued improperly deprived the alien of the opportunity 
     for judicial review, and
       ``(3) that the entry of such order was fundamentally 
     unfair.''.

     SEC. 507. MISCELLANEOUS AND TECHNICAL CHANGES.

       (a) Form of Deportation Hearings.--The second sentence of 
     section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting before the period the 
     following: ``; except that nothing in this subsection shall 
     preclude the Attorney General from authorizing proceedings by 
     electronic or telephonic media (with or without the consent 
     of the alien) or, where waived or agreed to by the parties, 
     in the absence of the alien.''.
       (b) Construction of Expedited Deportation Requirements.-- 
     No amendment made by this Act and nothing in section 242(i) 
     of the Immigration and Nationality Act (8 U.S.C. 1252(i)), 
     shall be construed to create any right or benefit, 
     substantive or procedural, which is legally enforceable by 
     any party against the United States, its agencies, its 
     officers or any other person.

     SEC. 508. CRIMINAL ALIEN TRACKING CENTER.

       (a) Operation.--The Commissioner of Immigration and 
     Naturalization, with the cooperation of the Director of the 
     Federal Bureau of Investigation and the heads of other 
     agencies, shall, under the authority of section 242(a)(3)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1252(a)(3)(A)), operate a criminal alien tracking center.
       (b) Purpose.--The criminal alien tracking center shall be 
     used to assist Federal, State, and local law enforcement 
     agencies in identifying and locating aliens who may be 
     subject to deportation by reason of their conviction of 
     aggravated felonies.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     fiscal year 1995 and $5,000,000 for each of the fiscal years 
     1996, 1997, 1998, and 1999.

     SEC. 509. PRISONER TRANSFER TREATY STUDY.

       (a) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State and 
     the Attorney General shall submit to the Congress a report 
     that describes the use and effectiveness of the Prisoner 
     Transfer Treaty with Mexico to remove from the United States 
     aliens who have been convicted of crimes in the United 
     States.
       (b) Use of Treaty.--The report under subsection (a) shall 
     include the following information:
       (1) The number of aliens convicted of a criminal offense in 
     the United States since November 30, 1977, who would have 
     been or are eligible for transfer pursuant to the Treaty.
       (2) The number of aliens described in paragraph (1) who 
     have been transferred pursuant to the Treaty.
       (3) The number of aliens described in paragraph (2) who 
     have been incarcerated in full compliance with the Treaty.
       (4) The number of aliens who are incarcerated in a penal 
     institution in the United States who are eligible for 
     transfer pursuant to the Treaty.
       (5) The number of aliens described in paragraph (4) who are 
     incarcerated in State and local penal institutions.
       (c) Effectiveness of Treaty.--The report under subsection 
     (a) shall include the recommendations of the Secretary of 
     State and the Attorney General to increase the effectiveness 
     and use of, and full compliance with, the Treaty. In 
     considering the recommendations under this subsection, the 
     Secretary and the Attorney General shall consult with such 
     State and local officials in areas disproportionately 
     impacted by aliens convicted of criminal offenses as the 
     Secretary and the Attorney General consider appropriate. Such 
     recommendations shall address the following areas:
       (1) Changes in Federal laws, regulations, and policies 
     affecting the identification, prosecution, and deportation of 
     aliens who have committed a criminal offense in the United 
     States.
       (2)Changes in State and local laws, regulations, and 
     policies affecting the identification, prosecution, and 
     deportation of aliens who have committed a criminal offense 
     in the United States.
       (3) Changes in the Treaty that may be necessary to increase 
     the number of aliens convicted of crimes who may be 
     transferred pursuant to the Treaty.
       (4) Methods for preventing the unlawful re-entry into the 
     United States of aliens who have been convicted of criminal 
     offenses in the United States and transferred pursuant to the 
     Treaty.
       (5) Any recommendations of appropriate officials of the 
     Mexican Government on programs to achieve the goals of, and 
     ensure full compliance with, the Treaty.
       (6) An assessment of whether the recommendations under this 
     subsection require the renegotiation of the Treaty.
       (7) The additional funds required to implement each 
     recommendation under this subsection.
       (d) Definition.--As used in this section, the term 
     ``Prisoner Transfer Treaty with Mexico'' or ``Treaty'' refers 
     to the Treaty Between the United States of America and the 
     United Mexican States on the Execution of Penal Sentences, 
     done at Mexico City on November 25, 1976 (28 U.S.T. 7399).

     SEC. 510. EXPEDITING CRIMINAL ALIEN DEPORTATION AND 
                   EXCLUSION.

       (a) Convicted Defined.--Section 241(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1251(a)(2)) is 
     amended by adding at the end the following new subparagraph:
       ``(E) Convicted defined.--In this paragraph, the term 
     `convicted' means a judge or jury has found the alien guilty 
     or the alien has entered a plea of guilty or nolo contendere, 
     whether or not the alien appeals therefrom.''.
       (b) Deportation of Convicted Aliens.--
       (1) Immediate deportation.--Section 242(h) of such Act (8 
     U.S.C. 1252(h)) is amended--
       (A) by striking ``(h) An alien'' and inserting ``(h)(1) 
     Subject to paragraph (2), an alien''; and
       (B) by adding at the end the following new paragraph:
       ``(2) An alien sentenced to imprisonment may be deported 
     prior to the termination of such imprisonment by the release 
     of the alien from confinement, if the Service petitions the 
     appropriate court or other entity with authority concerning 
     the alien to release the alien into the custody of the 
     Service for execution of an order of deportation.''.
       (2) Prohibition of reentry into the united states.--Section 
     212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
       (A) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (B) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Aliens deported before serving minimum period of 
     confinement.--In addition to any other period of exclusion 
     which may apply an alien deported pursuant to section 
     242(h)(2) is excludable during the minimum period of 
     confinement to which the alien was sentenced.''.
       (c) Execution of Deportation Orders.--Section 242(i) of 
     such Act (8 U.S.C. 1252(i)) is amended by adding at the end 
     the following: ``An order of deportation may not be executed 
     until all direct appeals relating to the conviction which is 
     the basis of the deportation order have been exhausted.''.

     SEC. 511. INCARCERATION OF OR PAYMENT FOR CRIMINAL ALIENS BY 
                   THE FEDERAL GOVERNMENT.

       (a) Definition.--In this section, the phrase ``criminal 
     alien who has been convicted of a felony and is incarcerated 
     in a State or local correctional facility'' means an alien 
     who--
       (1)(A) is in the United States in violation of the 
     immigration laws; or
       (B) is deportable or excludable under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); and
       (2) has been convicted of a felony under State or local law 
     and incarcerated in a correctional facility of the State or a 
     subdivision of the State.
       (b) Federal Custody.--At the request of a State or 
     political subdivision of a State, the Attorney General 
     shall--
       (1)(A) take custody of a criminal alien who has been 
     convicted of a felony and is incarcerated in a State or local 
     correctional facility; and
       (B) provide for the imprisonment of the criminal alien in a 
     Federal prison in accordance with the sentence of the State 
     court; or
       (2) enter into a contractual arrangement with the State or 
     local government to compensate the State or local government 
     for incarcerating alien criminals for the duration of their 
     sentences.
                       TITLE VI--TERRORIST ALIENS

     SEC. 601. REMOVAL OF ALIEN TERRORISTS.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting the following 
     new section:


                     ``removal of alien terrorists

       ``Sec. 242C. (a) Definitions.--As used in this section--
       ``(1) the term `alien terrorist' means any alien described 
     in section 241(a)(4)(B);
       ``(2) the term `classified information' has the same 
     meaning as defined in section 1(a) of the Classified 
     Information Procedures Act (18 U.S.C. App. IV);
       ``(3) the term `national security' has the same meaning as 
     defined in section 1(b) of the Classified Information 
     Procedures Act (18 U.S.C. App. IV);
       ``(4) the term `special court' means the court described in 
     subsection (c) of this section; and
       ``(5) the term `special removal hearing' means the hearing 
     described in subsection (e) of this section.
       ``(b) Application for Use of Procedures.--The provisions of 
     this section shall apply whenever the Attorney General 
     certifies under seal to the special court that--
       ``(1) the Attorney General or Deputy Attorney General has 
     approved of the proceeding under this section;
       ``(2) an alien terrorist is physically present in the 
     United States; and
       ``(3) removal of such alien terrorist by deportation 
     proceedings described in sections 242, 242A, or 242B would 
     pose a risk to the national security of the United States 
     because such proceedings would disclose classified 
     information.
       ``(c) Special Court.--(1) The Chief Justice of the United 
     States shall publicly designate up to 7 judges from up to 7 
     United States judicial districts to hear and decide cases 
     arising under this section, in a manner consistent with the 
     designation of judges described in section 103(a) of the 
     Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)).
       ``(2) The Chief Justice may, in the Chief Justice's 
     discretion, designate the same judges under this section as 
     are designated pursuant to section 1803(a) of title 50, 
     United States Code.
       ``(d) Invocation of Special Court Procedure.--(1) When the 
     Attorney General makes the application described in 
     subsection (b), a single judge of the special court shall 
     consider the application in camera and ex parte.
       ``(2) The judge shall invoke the procedures of subsection 
     (e), if the judge determines that there is probable cause to 
     believe that--
       ``(A) the alien who is the subject of the application has 
     been correctly identified;
       ``(B) a deportation proceeding described in sections 242, 
     242A, or 242B would pose a risk to the national security of 
     the United States because such proceedings would disclose 
     classified information; and
       ``(C) the threat posed by the alien's physical presence is 
     immediate and involves the risk of death or serious bodily 
     harm.
       ``(e) Special Removal Hearing.--(1) Except as provided in 
     paragraph (4), the special removal hearing authorized by a 
     showing of probable cause described in subsection (d)(2) 
     shall be open to the public.
       ``(2) The alien shall have a right to be present at such 
     hearing and to be represented by counsel. Any alien 
     financially unable to obtain counsel shall be entitled to 
     have counsel assigned to represent such alien. Counsel may be 
     appointed as described in section 3006A of title 18, United 
     States Code.
       ``(3) The alien shall have a right to introduce evidence on 
     his own behalf, and except as provided in paragraph (4), 
     shall have a right to cross-examine any witness or request 
     that the judge issue a subpoena for the presence of a named 
     witness.
       ``(4) The judge shall authorize the introduction in camera 
     and ex parte of any item of evidence for which the judge 
     determines that public disclosure would pose a risk to the 
     national security of the United States because it would 
     disclose classified information.
       ``(5) With respect to any evidence described in paragraph 
     (4), the judge shall cause to be delivered to the alien 
     either--
       ``(A)(i) the substitution for such evidence of a statement 
     admitting relevant facts that the specific evidence would 
     tend to prove, or (ii) the substitution for such evidence of 
     a summary of the specific evidence; or
       ``(B) if disclosure of even the substituted evidence 
     described in subparagraph (A) would create a substantial risk 
     of death or serious bodily harm to any person, a statement 
     informing the alien that no such summary is possible.
       ``(6) If the judge determines--
       ``(A) that the substituted evidence described in paragraph 
     (4)(B) will provide the alien with substantially the same 
     ability to make his defense as would disclosure of the 
     specific evidence, or
       ``(B) that disclosure of even the substituted evidence 
     described in paragraph (5)(A) would create a substantial risk 
     of death or serious bodily harm to any person,

     then the determination of deportation (described in 
     subsection (f)) may be made pursuant to this section.
       ``(f) Determination of Deportation.--(1) If the 
     determination in subsection (e)(6)(A) has been made, the 
     judge shall, considering the evidence on the record as a 
     whole, require that the alien be deported if the Attorney 
     General proves, by clear and convincing evidence, that the 
     alien is subject to deportation because he is an alien as 
     described in section 241(a)(4)(B).
       ``(2) If the determination in subsection (e)(6)(B) has been 
     made, the judge shall, considering the evidence received (in 
     camera and otherwise), require that the alien be deported if 
     the Attorney General proves, by clear, convincing, and 
     unequivocal evidence, that the alien is subject to 
     deportation because he is an alien as described in section 
     241(a)(4)(B).
       ``(g) Appeals.--(1) The alien may appeal a determination 
     under subsection (f) to the Court of Appeals for the Federal 
     Circuit, by filing a notice of appeal with such court within 
     20 days of the determination under such subsection.
       ``(2)(A) The Attorney General may appeal a determination 
     under subsection (d), (e), or (f) to the court of appeals for 
     the Federal Circuit, by filing a notice of appeal with such 
     court within 20 days of the determination under any one of 
     such subsections.
       ``(B) When requested by the Attorney General, the entire 
     record of the proceeding under this section shall be 
     transmitted to the court of appeals under seal. If the 
     Attorney General is appealing a determination under 
     subsection (d) or (e), the court of appeals shall consider 
     such appeal in camera and ex parte.''.
       (b) Conforming Amendment.--Section 1295(a) of title 28, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (13);
       (2) by striking the period at the end of paragraph (14) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(15) of an appeal under section 242C(g) of the 
     Immigration and Nationality Act.''.
       (c) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 242B the following new item:

``Sec. 242C. Removal of alien terrorists.''.

     SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS 
                   FOR EXCLUSION FROM THE UNITED STATES UNDER THE 
                   IMMIGRATION AND NATIONALITY ACT.

       Section 212(a)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(B)) is amended--
       (1) in clause (i)(II) by inserting ``or'' at the end;
       (2) by adding after clause (i)(II) the following:

       ``(III) is a member of an organization that engages in, or 
     has engaged in, terrorist activity or who actively supports 
     or advocates terrorist activity,''; and

       (3) by adding after clause (iii) the following:
       ``(iv) Terrorist organization defined.--As used in this 
     Act, the term `terrorist organization' means an organization 
     which commits terrorist activity as determined by the 
     Attorney General, in consultation with the Secretary of 
     State.''.
                         TITLE VII--INSPECTIONS

     SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.

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


                  ``preinspection at foreign airports

       ``Sec. 235A. (a) Establishment of Preinspection 
     Stations.--(1) Subject to paragraph (4), not later than 2 
     years after the date of the enactment of this section, the 
     Attorney General, in consultation with the Secretary of 
     State, shall establish and maintain preinspection stations in 
     at least 5 of the foreign airports that are among the 10 
     foreign airports which the Attorney General identifies as 
     serving as last points of departure for the greatest numbers 
     of passengers who arrive from abroad by air at ports of entry 
     within the United States. Such preinspection stations shall 
     be in addition to any preinspection stations established 
     prior to the date of the enactment of this section.
       ``(2) Not later than November 1, 1994, and each subsequent 
     November 1, the Attorney General shall compile data 
     identifying--
       ``(A) the foreign airports which served as last points of 
     departure for aliens who arrived by air at United States 
     ports of entry without valid documentation during the 
     preceding fiscal years,
       ``(B) the number and nationality of such aliens arriving 
     from each such foreign airport, and
       ``(C) the primary routes such aliens followed from their 
     country of origin to the United States.
       ``(3) Subject to paragraph (4), not later than 4 years 
     after the date of enactment of this section, the Attorney 
     General, in consultation with the Secretary of State, shall 
     establish preinspection stations in at least 5 additional 
     foreign airports which the Attorney General, in consultation 
     with the Secretary of State, determines based on the data 
     compiled under paragraph (2) and such other information as 
     may be available would most effectively reduce the number of 
     aliens who arrive from abroad by air at points of entry 
     within the United States without valid documentation. Such 
     preinspection stations shall be in addition to those 
     established prior to or pursuant to paragraph (1).
       ``(4) Prior to the establishment of a preinspection station 
     the Attorney General, in consultation with the Secretary of 
     State, shall ensure that--
       ``(A) employees of the United States stationed at the 
     preinspection station and their accompanying family members 
     will receive appropriate protection,
       ``(B) such employees and their families will not be subject 
     to unreasonable risks to their welfare and safety, and
       ``(C) the country in which the preinspection station is to 
     be established maintains practices and procedures with 
     respect to asylum seekers and refugees in accordance with the 
     Convention Relating to the Status of Refugees (done at 
     Geneva, July 28, 1951), or the Protocol Relating to the 
     Status of Refugees (done at New York, January 31, 1967).
       ``(b) Establishment of Carrier Consultant Program.--The 
     Attorney General shall assign additional immigration officers 
     to assist air carriers in the detection of fraudulent 
     documents at foreign airports which, based on the records 
     maintained pursuant to subsection (a)(2), served as a point 
     of departure for a significant number of arrivals at United 
     States ports of entry without valid documentation, but where 
     no preinspection station exists.
       ``(c) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 235 the 
     following new item:

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

     SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF 
                   FRAUDULENT DOCUMENTS.

       (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 
     1356(h)(2)(A)) is amended--
       (1) in clause (iv), by inserting ``, including training of, 
     and technical assistance to, commercial airline personnel on 
     such detection'' after ``United States'', and
       (2) by adding at the end the following:

     ``The Attorney General shall provide for expenditures for 
     training and assistance described in clause (iv) in an 
     amount, for any fiscal year, not less than 5 percent of the 
     total of the expenses incurred that are described in the 
     previous sentence.''.
       (b) Compliance With Detection Regulations.--Section 212(f) 
     (8 U.S.C. 1182(f)) is amended by adding at the end the 
     following: ``Whenever the Attorney General finds that a 
     commercial airline has failed to comply with regulations of 
     the Attorney General relating to requirements of airlines for 
     the detection of fraudulent documents used by passengers 
     traveling to the United States (including the training of 
     personnel in such detection), the Attorney General may 
     suspend the entry of some or all aliens transported to the 
     United States by such airline.''.
       (c) Effective Dates.--
       (1) The amendments made by subsection (a) shall apply to 
     expenses incurred during or after fiscal year 1994.
       (2) The Attorney General shall first issue, in proposed 
     form, regulations referred to in the second sentence of 
     section 212(f) of the Immigration and Nationality Act, as 
     added by the amendment made by subsection (b), by not later 
     than 90 days after the date of the enactment of this Act.

     SEC. 703. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.

       (a) In General.--Chapter 75 of title 18, United States 
     Code, is amended--
       (1) in section 1541, by striking ``not more than $500 or 
     imprisoned not more than one year'' and inserting ``under 
     this title or imprisoned not more than 10 years'';
       (2) in each of sections 1542, 1543, and 1544, by striking 
     ``not more than $2,000 or imprisoned not more than five 
     years'' and inserting ``under this title or imprisoned not 
     more than 10 years'';
       (3) in section 1545, by striking ``not more than $2,000 or 
     imprisoned not more than three years'' and inserting ``under 
     this title or imprisoned not more than 10 years'';
       (4) in section 1546(a), by striking ``five years'' and 
     inserting ``10 years'';
       (5) in section 1546(b), by striking ``in accordance with 
     this title, or imprisoned not more than two years'' and 
     inserting ``under this title or imprisoned not more than 10 
     years''; and
       (6) by adding at the end the following:

     ``Sec. 1547. Alternative imprisonment maximum for certain 
       offenses

       ``Notwithstanding any other provision of this title, the 
     maximum term of imprisonment that may be imposed for an 
     offense under this chapter (other than an offense under 
     section 1545)--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in 929(a) of this title) is 15 years; and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331 of this title) is 20 
     years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 75 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``1547. Alternative imprisonment maximum for certain offenses.''.

       (c) Asset Forfeiture.--Section 981(a)(1) of title 18, 
     United States Code, is amended by inserting after 
     subparagraph (F) the following:
       ``(G) Any property used in committing an offense under 
     section 1543 or 1546 of this title or for which the maximum 
     authorized imprisonment is set by section 1547 of this 
     title.''.
                           TITLE VIII--ASYLUM

     SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

       (a) In General.--Section 235(b) (8 U.S.C. 1225(b)) is 
     amended to read as follows:
       ``(b) Inspection and Exclusion by Immigration Officers.--
       ``(1) An immigration officer shall inspect each alien who 
     is seeking entry to the United States.
       ``(2)(A) If the examining immigration officer determines 
     that an alien seeking entry--
       ``(i) does not present the documentation required (if any) 
     to obtain legal entry to the United States; and
       ``(ii) does not indicate either an intention to apply for 
     provisional asylum (under section 208) or a fear of 
     persecution,

     the officer shall order the alien excluded from the United 
     States without further hearing or review.
       ``(B) The examining immigration officer shall refer for 
     immediate inspection at the port of entry by an asylum 
     officer under subparagraph (C) any alien who (i) does not 
     present the documentation required (if any) to obtain legal 
     entry to the United States, and (ii) has indicated an 
     intention to apply for provisional asylum or a fear of 
     persecution. Such an alien shall not be considered to have 
     been inspected and admitted for purposes of this Act.
       ``(C)(i) If an asylum officer determines that an alien has 
     a credible fear of persecution, the alien shall be entitled 
     to apply for provisional asylum under section 208.
       ``(ii)(I) Subject to subclause (II), if an asylum officer 
     determines that an alien does not have a credible fear of 
     persecution the officer shall order the alien excluded from 
     the United States without further hearing or review.
       ``(II) The Attorney General shall promulgate regulations to 
     provide for the immediate review by another asylum officer at 
     the port of entry of a decision under subclause (I).
       ``(iii) For the purposes of this subparagraph, the term 
     `credible fear of persecution' means (I) that it is more 
     probable than not that the statements made by the alien in 
     support of his or her claim are true, and (II) that there is 
     a significant possibility, in light of such statements and of 
     such other facts as are known to the officer that the alien 
     could establish eligibility for provisional asylum under 
     section 208.
       ``(iv) Notwithstanding any other provision of law, no court 
     shall have jurisdiction to review, except by petition for 
     habeas corpus, any determination made with respect to an 
     alien found excludable pursuant to this paragraph. In any 
     such case, review by habeas corpus shall be limited to 
     examination of whether the petitioner (I) is an alien, and 
     (II) was ordered excluded from the United States pursuant to 
     this paragraph.
       ``(v) Notwithstanding any other provision of law, no court 
     shall have jurisdiction (I) to review the procedures 
     established by the Attorney General for the determination of 
     exclusion pursuant to this paragraph, or (II) to enter 
     declaratory or injunctive relief with respect to the 
     implementation of this paragraph. Regardless of the nature of 
     the suit or claim, no court shall have jurisdiction except by 
     habeas corpus petition as provided in clause (iv) to consider 
     the validity of any adjudication or determination under this 
     paragraph or to provide declaratory or injunctive relief with 
     respect to the exclusion of any alien pursuant to this 
     paragraph.
       ``(vi) In any action brought for the assessment of 
     penalties for improper entry or re-entry of an alien under 
     section 275 or 276, no court shall have jurisdiction to hear 
     claims collaterally attacking the validity of orders of 
     exclusion or deportation entered under sections 235, 236, and 
     242.
       ``(3)(A) Except as provided in subparagraph (B), if the 
     examining immigration officer determines that an alien 
     seeking entry is not clearly and beyond a doubt entitled to 
     enter, the alien shall be detained for a hearing before a 
     special inquiry officer.
       ``(B) The provisions of subparagraph (A) shall not apply--
       ``(i) to an alien crewman,
       ``(ii) to an alien described in paragraph (2)(A) or 2(B), 
     or
       ``(iii) if the conditions described in section 273(d) 
     exist.
       ``(4) The decision of the examining immigration officer, if 
     favorable to the admission of any alien, shall be subject to 
     challenge by any other immigration officer and such challenge 
     shall operate to take the alien, whose privilege to enter is 
     so challenged, before a special inquiry officer for a hearing 
     on exclusion of the alien.
       ``(5) An alien has not entered the United States for 
     purposes of this Act unless and until such alien has been 
     inspected and admitted by an immigration officer pursuant to 
     this subsection.
       (b) Conforming Amendments.--Section 237(a) (8 U.S.C. 
     1227(a)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``Deportation'' and inserting ``Subject to section 235(b)(2), 
     deportation''; and
       (2) in the first sentence of paragraph (2), by striking 
     ``If'' and inserting ``Subject to section 235(b)(2), if''.

     SEC. 802. ASYLUM.

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

     ``SEC. 208. ASYLUM.-

       (a) Provisional Asylum.--
       ``(1) Right to apply.--The Attorney General shall establish 
     a procedure for an alien physically present in the United 
     States or at a land border or port of entry, irrespective of 
     such alien's status, to apply for provisional asylum in 
     accordance with this section.
       ``(2) Conditions for granting.--
       ``(A) Mandatory cases.--The Attorney General shall grant 
     provisional asylum to an alien if the alien applies for 
     provisional asylum in accordance with the requirements of 
     this section and establishes that it is more likely than not 
     that in the alien's country of nationality (or, in the case 
     of a person having no nationality, the country in which such 
     alien last habitually resided) such alien's life or freedom 
     would be threatened on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion.
       ``(B) Discretionary cases.--The Attorney General may grant 
     provisional asylum to an alien if the alien applies for 
     provisional asylum in accordance with the requirements of 
     this section and establishes that the alien is a refugee 
     within the meaning of section 101(a)(42).
       ``(C) Exceptions.--(i) Subparagraphs (A) and (B) shall not 
     apply to an alien if the Attorney General determines that--
       ``(I) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(II) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(III) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(IV) there are reasonable grounds for regarding the alien 
     as a danger to the security of the United States; or
       ``(V) a country willing to accept the alien has been 
     identified (other than the country described in subparagraph 
     (A)) to which the alien can be deported or returned and the 
     alien does not establish that it is more likely than not that 
     the alien's life or freedom would be threatened in such 
     country on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(ii)(I) For purposes of clause (i)(II), an alien who has 
     been convicted of an aggravated felony shall be considered to 
     have committed a particularly serious crime.
       ``(II) The Attorney General shall promulgate regulations 
     that specify additional crimes that will be considered to be 
     a crime described in clause (i)(II) or (i)(III).
       ``(III) The Attorney General shall promulgate regulations 
     establishing such additional limitations and conditions as 
     the Attorney General considers appropriate under which an 
     alien shall be ineligible to apply for provisional asylum 
     under subparagraph (B).
       ``(3) Provisional asylum status.--In the case of any alien 
     granted provisional asylum under paragraph (2)(A), the 
     Attorney General, in accordance with this section--
       ``(A) shall not deport or return the alien to the country 
     described under paragraph (2)(A);
       ``(B) shall authorize the alien to engage in employment in 
     the United States and provide the alien with an `employment 
     authorized' endorsement or other appropriate work permit; and
       ``(C) may allow the alien to travel abroad with the prior 
     consent of the Attorney General.
       ``(4) Termination.--Provisional asylum granted under 
     paragraph (2) may be terminated if the Attorney General, 
     pursuant to such regulations as the Attorney General may 
     prescribe, determines that--
       ``(A) the alien no longer meets the conditions described in 
     paragraph (2) owing to a change in circumstances in the 
     alien's country of nationality or, in the case of an alien 
     having no nationality, in the country in which the alien last 
     habitually resided;
       ``(B) the alien meets a condition described in paragraph 
     (2)(C); or
       ``(C) a country willing to accept the alien has been 
     identified (other than the country described in paragraph 
     (2)) to which the alien can be deported or returned and the 
     alien cannot establish that it is more likely than not that 
     the alien's life or freedom would be threatened in such 
     country on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(5) Acceptance by another country.--In the case of an 
     alien described in paragraph (2)(C)(i)(V) or paragraph 
     (4)(C), the alien's deportation or return shall be directed 
     by the Attorney General in the sole discretion of the 
     Attorney General, to any country which is willing to accept 
     the alien into its territory (other than the country 
     described in paragraph (2)(A)).
       ``(b) Provisional Asylum Applications.--
       ``(1) In general.--
       ``(A) Deadline.--Subject to subparagraph (B), an alien's 
     application for provisional asylum shall not be considered 
     under this section unless--
       ``(i) the alien has filed, not later than 30 days after 
     entering or coming to the United States, notice of intention 
     to file such an application, and
       ``(ii) such application is actually filed not later than 60 
     days after entering or coming to the United States.
       ``(B) Exception.--An application for provisional asylum may 
     be considered, not withstanding that the requirements of 
     subparagraph (A) have not been met, only if the alien 
     demonstrates by clear and convincing evidence changed 
     circumstances in the alien's country of nationality (or in 
     the case of an alien with no nationality, in the country 
     where the alien last habitually resided) affecting 
     eligibility for provisional asylum.
       ``(2) Requirements.--An application for provisional asylum 
     shall not be considered unless the alien submits to the 
     taking of fingerprints and a photograph in a manner 
     determined by the Attorney General.
       ``(3) Previous denial of asylum.--An application for 
     provisional asylum shall not be considered if the alien has 
     been denied asylum by a country in which the alien had access 
     to a full and fair procedure for determining his or her 
     asylum claim in accordance with a bilateral or multilateral 
     agreement between that country and the United States.
       ``(4) Fees.--In the discretion of the Attorney General, the 
     Attorney General may impose reasonable fees for the 
     consideration of an application for provisional asylum, for 
     employment authorization under this section, and for 
     adjustment of status under section 209(b). The Attorney 
     General is authorized to provide for the assessment and 
     payment of any such fee over a period of time or by 
     installments.
       ``(5) Employment.--An applicant for provisional asylum is 
     not entitled to engage in employment in the United States. 
     The Attorney General may authorize an alien who has filed an 
     application for provisional asylum to engage in employment in 
     the United States, in the discretion of the Attorney General.
       ``(6) Notice of consequences of frivolous applications.--At 
     the time of filing a notice of intention to apply for 
     provisional asylum, the alien shall be advised of the 
     consequences, under subsection (e), of filing a frivolous 
     application for provisional asylum.
       ``(c) Sanctions for Failure to Appear.--
       ``(1) Subject to paragraph (2), the application for 
     provisional asylum of an alien who does not appear for a 
     hearing on such application shall be summarily dismissed 
     unless the alien can show exceptional circumstances (as 
     defined in section 242B(f)(2)) as determined by an asylum 
     officer or immigration judge.
       ``(2) Paragraph (1) shall not apply if written and oral 
     notice were not provided to the alien of the time and place 
     at which the asylum hearing was to be held, and in the case 
     of any change or postponement in such time or place, written 
     and oral notice were provided to the alien of the new time or 
     place of the hearing.
       ``(d) Asylum.--
       ``(1) Adjustment of status.--Under such regulations as the 
     Attorney General may prescribe, the Attorney General shall 
     adjust to the status of an alien granted asylum the status of 
     any alien granted provisional asylum under subsection 
     (a)(2)(A) or (a)(2)(B) who--
       ``(A) applies for such adjustment;
       ``(B) has been physically present in the United States for 
     at least 1 year after being granted provisional asylum;
       ``(C) continues to be eligible for provisional asylum under 
     this section; and
       ``(D) is admissible under this Act at the time of 
     examination for adjustment of status under this subsection.
       ``(2) Treatment of spouse and children.--A spouse or child 
     (as defined in section 101(b)(A), (B), (C), (D), or (E)) of 
     an alien whose status is adjusted to that of an alien granted 
     asylum under paragraph (a)(2) may be granted the same status 
     as the alien if accompanying, or following to join, such 
     alien.
       ``(3) Application fees.--The Attorney General may impose a 
     reasonable fee for the filing of an application for asylum 
     under this subsection.
       ``(e) Denial of Immigration Benefits for Frivolous 
     Applications.--
       ``(1) In general.--If the Attorney General determines that 
     an alien has made a frivolous application for provisional 
     asylum under this section and the alien has received the 
     notice under subsection (b)(5), the alien shall be 
     permanently ineligible for any benefits under this Act, 
     effective as of the date of a final determination on such 
     application.
       ``(2) Treatment of material misrepresentations.--For 
     purposes of this subsection, an application considered to be 
     `frivolous' includes, but is not limited to, an application 
     which contains a willful misrepresentation or concealment of 
     a material fact.''.
       (b) Clerical Amendment.--The item in the table of contents 
     relating to section 208 is amended to read as follows:

``Sec. 208. Asylum.''.

     SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM HEARING; 
                   JUDICIAL REVIEW.

       (a) Failure to Appear for Provisional Asylum Hearing.--
     Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended--
       (1) in the heading, by striking ``asylum'' and inserting 
     ``provisional asylum'';
       (2) by striking ``asylum'' each place it appears and 
     inserting ``provisional asylum''; and
       (3) in subparagraph (A), by striking all after clause (iii) 
     and inserting ``shall not be eligible for any benefits under 
     this Act.''.
       (b) Judicial Review.--Section 106 (8 U.S.C. 1105a) is 
     amended by adding at the end the following subsection:
       ``(d) The procedure prescribed by, and all the provisions 
     of chapter 158 of title 28, United States Code, shall apply 
     to, and shall be the sole and exclusive procedure for, the 
     judicial review of all final orders granting or denying 
     provisional asylum, except that--
       ``(1) a petition for review may be filed not later than 90 
     days after the date of the issuance of the final order 
     granting or denying provisional asylum;
       ``(2) the venue of any petition for review under this 
     subsection shall be in the judicial circuit in which the 
     administrative proceedings were conducted in whole or in 
     part, or in the judicial circuit wherein is the residence, as 
     defined in this Act, of the petitioner, but not in more than 
     one circuit; and
       ``(3) notwithstanding any other provision of law, a 
     determination granting or denying provisional asylum based on 
     changed circumstances pursuant to section 208(b)(1)(A)(ii) 
     shall be in the sole discretion of the officer conducting the 
     administrative proceeding.''.

     SEC. 804. CONFORMING AMENDMENTS.

       (a) Limitation on Deportation.--Section 243 (8 U.S.C. 1253) 
     is amended by striking subsection (h).
       (b) Adjustment of Status.--Section 209(b) (8 U.S.C. 
     1159(b)) is amended--
       (1) in paragraph (2) by striking ``one year'' and inserting 
     ``2 years''; and
       (2) by amending paragraph (3) to read as follows:
       ``(3) continues to be eligible for provisional asylum under 
     section 208,''.
       (c) Aliens Ineligible for Temporary Protected Status.--
     Section 244A(c)(2)(B)(ii) (8 U.S.C. 1254a(c)(2)(B)(ii)) is 
     amended by striking ``section 243(h)(2)'' and inserting 
     ``section 208(a)(2)(C)''.
       (d) Eligibility for Naturalization.--Section 316(f)(1) (8 
     U.S.C. 1427(f)(1)) is amended by striking ``subparagraphs (A) 
     through (D) of paragraph 243(h)(2)'' and inserting ``section 
     208(a)(2)(C).''.
       (e) Family Unity.--Section 301(e) of the Immigration Act of 
     1990 (Public Law 101-649) is amended by striking ``section 
     243(h)(2)'' and inserting ``section 208(a)(2)(C).''.

     SEC. 805. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided, the 
     amendments made by this title shall take effect on the date 
     of the enactment of this Act.
       (b) Exceptions.--
       (1) The amendments made by this title shall not apply to 
     applications for asylum or withholding of deportation made 
     before the first day of the first month that begins more than 
     180 days after the date of the enactment of this Act and no 
     application for provisional asylum under section 208 of the 
     Immigration and Nationality Act (as amended by section 801 of 
     this title) shall be considered before such first day.
       (2) In applying section 208(b)(1)(A) of the Immigration and 
     Nationality Act (as amended by this title) in the case of an 
     alien who has entered or came to the United States before the 
     first day described in paragraph (1), notwithstanding the 
     deadlines specified in such section--
       (A) the deadline for the filing of a notice of intention to 
     file an application for provisional asylum is 30 days after 
     such first day, and
       (B) the deadline for the filing of the application for 
     provisional asylum is 30 days after the date of filing such 
     notice.
       (3) The amendments made by section 803(b) (relating to 
     adjustment of status) shall not apply to aliens granted 
     asylum under section 208 of the Immigration and Nationality 
     Act, as in effect before the date of the enactment of this 
     Act.
                           TITLE IX--FUNDING

     SEC. 901. REDUCTION IN OVERHEAD COSTS INCURRED IN FEDERALLY 
                   SPONSORED RESEARCH.

       (a) Limitation.--Notwithstanding any other law, on and 
     after the date of the enactment of this Act, each head of a 
     Federal agency making a grant to, or entering into a contract 
     with, an institution of higher education for research and 
     development, shall--
       (1) reduce the overhead payment rate used to pay for 
     indirect costs related to such research and development to a 
     rate not to exceed 50 percent of the modified total direct 
     costs that are incurred by such institution for such research 
     and development; and
       (2) return the amount saved as a result of paragraph (1) to 
     the general fund of the Treasury.
       (b) CBO Scoring.--The Congressional Budget Office estimates 
     that the reduction in overhead payments for federally funded 
     university research required by this section will produce 
     savings of $1,240,000,000 over the 5-year period beginning 
     October 1, 1994, and ending September 30, 1999.
       (c) Definitions.--For the purpose of this section--
       (1) the term ``indirect costs'' means administrative costs 
     and the costs of library and student services, building and 
     equipment, and operations and maintenance;
       (2) the term ``institution of higher education'' has the 
     meaning stated in section 1201(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1141(a));
       (3) the term ``Federal agency'' means a department, agency, 
     or instrumentality of the Federal Government (including an 
     executive agency (as defined in section 105 of title 5, 
     United States Code)); and
       (4) the term ``modified total direct costs'' means the 
     costs of--
       (A) salaries and wages;
       (B) fringe benefits;
       (C) materials, supplies, services and travel; and
       (D) awarding a subgrant to, or entering into a subcontract 
     for, not more than $25,000.

 Section-by-Section Summary of the Illegal Immigration Control Act of 
                                  1994


                         title I--interdiction

     Section 101--Physical barriers
       This section will require the Immigration and 
     Naturalization Service to install additional structures 
     (fences, ditches, etc.) at the border to deter unauthorized 
     crossings of high illegal entry.
     Section 102--Border Patrol agents
       There is authorized to be appropriated for each of the 
     fiscal years 1995-1999 for salaries and expenses of the 
     Border Patrol such amounts as may be necessary to provide for 
     an increase in the number of Border Patrol agents by 6,000 
     full-time equivalent agent positions and the necessary 
     support personnel.
     Section 103--Interior Repatriation Program
       To deter the ``revolving door'' of re-entries by those just 
     deported to a border area, this section requires that illegal 
     entrants (who have entered the country illegally at least 3 
     prior times) from Canada or Mexico be repatriated to the 
     interior of their countries.
     Section 104--Dentention facilities
       Increase the detention capacity at the border, thus 
     allowing increased detention of illegal crossers rather than 
     releasing them into the community. Additional structures may 
     be built or abandoned military bases may be used for this 
     purpose.
     Section 105--Notice to Service to port of entry arrivals
       Require that 24 hour notice be given to the INS by ships of 
     their arrival so as to permit inspection (this notice is 
     already given to Customs).


                       title II--alien smuggling

     Section 201--Expanded forfeiture for smuggling or harboring 
         illegal aliens
       Expand the INS's current seizure and forfeiture authority 
     of conveyances used in the smuggling or harboring of illegal 
     aliens to include seizure and forfeiture of all property in 
     such cases.
     Section 202--Including alien smuggling as a racketeering 
         activity for purposes of racketeering influenced and 
         corrupt organizations (RICO) enforcement authority
       Includes alien smuggling as a racketeering activity for 
     purposes of RICO enforcement authority.
     Section 203--Enhanced penalties for certain alien smuggling 
         and for employers who knowingly employ smuggled aliens
       Enhanced penalties for any person who knowingly contracts 
     or agrees with another party for that party to provide for 
     employment of an illegal alien and also provides for fines 
     and up to 10 years imprisonment.
     Section 204--Wiretap authority for alien smuggling 
         investigations
       Provides federal wiretap authority to aid in the criminal 
     investigation of alien smuggling and of fraud related to the 
     misuse of visas, permits and other travel documents.


    title iii--immigration and naturalization service investigators

     Section 302--INS investigators
       There is authorized to be appropriated for each of fiscal 
     years 1995-1999 for salaries and expenses such amounts as may 
     be necessary to provide for an increase in the number of INS 
     investigators by 1,000 full-time equivalent positions and the 
     necessary support personnel; (such as detention and 
     deportation personnel).


                     title iv--government benefits

     Section 401--Prohibit benefits for certain categories of 
         aliens
       This section prohibits federally funded welfare benefits, 
     with the exception of emergency medical care, for aliens 
     other than those lawfully admitted as permanent residents, 
     refugees, asylees or parolees.
     Section 402--Unemployment benefits
       Specifically denies unemployment compensation to aliens who 
     have not been granted employment authorization pursuant to 
     the INA.
     Section 403--Housing benefits
       Legislates HUD guidelines to prevent subsidized housing 
     from going to aliens other than those admitted as permanent 
     residents, asylees, or parolees.
     Section 404--SAVE system
       Authorizes an increase in automated SAVE (Systematic Alien 
     Verification of Entitlement) system which is used to verify 
     the immigration status of aliens applying for benefits.
     Section 405--Limitation on Federal financial assistance to 
         localities that refuse to cooperate in the arrest and 
         deportation of unlawful aliens
       This section reduces by 20% federal aid to ``sanctuary 
     cities'' that have an official policy not to cooperate with 
     the INS or Department of Justice with respect to the arrest 
     and detention of illegal aliens.
     Section 406--Uniform vital statistics
       Establishes pilot program (3 of 5 states that have the 
     largest numbers of illegal immigrants) a database of birth 
     and death records to prevent fraud against the government 
     through the use of false birth or death certificates. This 
     will greatly reduce fraud in the ``breeder'' documents that 
     people use to get fake cards.


                        title v--criminal aliens

     Section 501--Authorizing registration of aliens on criminal 
         probation or criminal parole
       Authorizes the registration with the INS of aliens on 
     criminal probation or criminal parole. This is intended to 
     help INS keep track of deportable criminal aliens.
     Section 502--Expansion in definition of ``aggravated felony''
       Expands definition of ``aggravated felony'' for purposes of 
     the Immigration and Nationality Act (INA). Under this 
     definition, aggravated felonies include the current offenses 
     (murder, drug trafficking, trafficking in firearms or 
     explosives, money laundering, and violent crimes for which 
     the sentence is over 5 years) plus the following: firearms 
     violations, failure to appear before a court to answer a 
     felony charge, demanding or receiving ransom money, unlawful 
     conduct relating to RICO, immigration-related offenses 
     including alien smuggling and sale of fraudulent documents, 
     child pornography, owning or operating a prostitution 
     business, treason, and tax evasion exceeding $200,000.
     Section 503--Deportation procedures for certain criminal 
         aliens who are not permanent residents
       Provides for prompt deportation of any alien who is not a 
     permanent resident alien and whom the Attorney General 
     determines is deportable and has been convicted of an 
     aggravated felony. A final order of deportation could be 
     issued during such alien's imprisonment and executed upon the 
     alien's release.
       Eliminates the following procedures for non-permanent 
     resident criminal aliens: (1) administrative hearing before 
     an immigration judge, (2) administrative review of the Board 
     of Immigration Appeals of the immigration judge's 
     determination, (3) availability of current grounds of 
     relief from deportation, and (4) federal court review of 
     the Attorney General's deportation on any grounds other 
     than whether the person sought to be deported is an alien 
     and whether the alien has in fact been convicted of an 
     aggravated felony. The alien has 14 days to seek federal 
     court review before final deportation.
       The expedited deportation proceedings currently included in 
     the section 242A and applicable to all aliens would be 
     limited to permanent resident aliens. Current section 242A 
     language allows for the institution of deportation 
     proceedings while the alien is incarcerated, with the intent 
     of completing the process so that the alien can be deported 
     upon his or her release.
     Section 504--Judicial deportation
       Allow federal trial courts to issue an order of deportation 
     during the sentencing phase of the criminal trial of an alien 
     convicting of an aggravated felony. This section applies to 
     all criminal aliens, including permanent residents.
       Such an order must have been requested by the U.S. Attorney 
     with concurrence of the INS Commissioner. Notice of intent to 
     seek a judicial order of deportation must be given promptly 
     after an adjudication of guilt plea. The government would 
     still be responsible for showing that the defendant is an 
     alien subject to deportation and that the crime the alien has 
     been convicted of meets the definition of an ``aggravated 
     felony;'' a charge containing factual allegations on these 
     two matters must be filed at least 20 days prior to the 
     sentencing date.
       Judicial deportation would replace current administrative 
     deportation procedures in those cases where it is sought. 
     Aliens found deportable under this process would continue to 
     have the right to appeal their deportation to the appropriate 
     federal circuit court of appeals.
       Judicial deportation would not be required in every 
     criminal trial of an aggravated felon alien, and the Attorney 
     General would retain his or her right to seek an 
     administrative determination of deportability if the federal 
     court denies a motion for judicial deportation.
     Section 505--Restricting defense to deportation for certain 
         criminal aliens
       Restricts defenses to deportation for criminal aliens 
     convicted of aggravated felonies. As a result of amendments 
     made by this section, the only defense to deportation for 
     aggravated felon aliens would be for permanent resident 
     aliens who have lived in the U.S. in such status for at least 
     seven years and who have been sentenced to less than five 
     years imprisonment for such felony.
       Currently, a permanent resident alien is ineligible for 
     relief under section 212(c) (for permanent resident aliens 
     who have lived in the U.S. for seven consecutive years) if he 
     or she has served five or more years for one or more 
     aggravated felonies. This section would amend the language to 
     make aliens who have been sentenced to five or more years 
     ineligible for section 212(c) relief.
       This standard is more relevant to judging the seriousness 
     of an offense since dangerous criminals are at times released 
     prematurely due to prison overcrowding or other reasons 
     unrelated to the seriousness of the crime. Moreover, the 
     current standard presents a serious logistical obstacle to 
     the speedy commencement of deportation proceeding since it 
     may be unknown until five years have been served whether the 
     alien would be able to seek relief under section 212(c)
       This section also makes it clear that aggravated felons may 
     not request or be granted withholding of deportation under 
     section 243(h). The Immigration Act of 1990 unambiguously 
     denied aggravated felon's ability to request a hearing on 
     eligibility for withholding of deportation was not addressed. 
     Although the Executive Office for Immigration Review has 
     determined that no hearing is possible in such cases, 
     litigation on this issue is likely.
       This section does not affect the Attorney General's 
     authority to designate a country other than that of the 
     alien's nationality for deportation. It is consistent with 
     the intent of the UN protocol Relating to the Status of 
     Refugees to permit denial of withholding of deportation in 
     cases of persons convicted of a ``particularly serious 
     crime.''
     Section 506--Enhanced penalties for failing to depart, or 
         reentering, after final order of deportation
       Currently, an alien who is deportable for criminal 
     offenses, document fraud, or security risk is subject to 
     criminal penalties of up to 10 years of imprisonment for 
     failure to depart. However, there are no penalties for aliens 
     deportable for other reasons who fail to depart. Subsection 
     (a) retains the current 10 year penalty and provides for 
     criminal penalties of up to 2 years imprisonment for aliens 
     who are issued deportation orders on other grounds and who 
     fail to depart.
       Subsection (b) increases the penalties for criminal aliens 
     who reenter the U.S. after being formally deported. 
     Currently, an alien convicted of a felony other than an 
     aggravated felony who re-enters is subject to 5 years in 
     prison and a criminal fine; this subsection extends the 
     penalties to aliens convicted of three or more misdemeanors 
     and increases the maximum prison sentence to 10 years. 
     Aggravated felons who re-enter the U.S. currently are subject 
     to criminal fines and up to 15 years in prison; this 
     subsection increases the maximum prison sentence to 20 years. 
     Language also is added to make it clear that any alien 
     who stipulates to deportation during a criminal trial 
     shall be considered to have been formally deported.
       Subjection (c) would allow a court in a criminal proceeding 
     against a deported alien who re-enters the U.S. to re-examine 
     the underlying deportation order only if the alien 
     demonstrates (1) that he/she exhausted available 
     administrative remedies, (2) that the deportation proceedings 
     improperly deprive the alien of the opportunity for judicial 
     review, and (3) that the entry of order of deportation was 
     ``fundamentally unfair.'' This language taken from United 
     States v. Mendoza-Lopez, 481 U.S. 828 (1987), is intended to 
     ensure that minimum due process was followed in the original 
     deportation proceeding while preventing wholesale, time 
     consuming attacks on underlying deportation orders.
     Section 507--Miscellaneous and technical changes
       Responds to two holdings of the 9th Circuit. Subsection (a) 
     makes it clear that deportation proceedings may be conducted 
     telephonically, where waived or agreed to by the parties, in 
     the absence of the alien.
       Subsection (b) makes it clear that nothing in this Act 
     (directing the AG to begin deportation proceedings as quickly 
     as possible after a conviction) shall be construed to create 
     a legally enforceable right or benefit.
     Section 508--Criminal alien tracking center
       Utilize a criminal alien tracking center that can assist 
     Federal, state and local law enforcement agencies to track 
     aliens who may be subject to deportation by reason of their 
     conviction of aggravated felonies through their prison 
     sentences and afterwards until they are deported.
     Section 509--Prison transfer treaty study
       Require the Attorney General and the Secretary of State to 
     report on the use and effectiveness of the Prisoner Transfer 
     Treaty with Mexico, to remove from the U.S. aliens who have 
     been convicted of crimes in the U.S.
     Section 510--Expediting criminal alien deportation and 
         exclusion
       This Section will allow the deportation of a criminal 
     alien, in certain cases, prior to completion of his/her 
     sentence if the INS petitions the appropriate court or 
     authority to release the alien to the Service in order to 
     execute an order of deportation. If the alien returns to the 
     U.S. he will have to serve the remainder of his sentence and 
     serve additional time for immigration violations.
     Section 511--Incarceration of or payment for criminal aliens 
         by the Federal Government
       This section requires the Federal government to take 
     custody of criminal aliens who are incarcerated in state or 
     local correctional facilities or else contract with the state 
     or local government to pay for the cost of incarceration.


                       Title VI--Terrorist aliens

     Section 601--Removal of alien terrorists
       In deporting alien terrorists, this section establishes the 
     use of special court procedures when a deportation proceeding 
     would pose a risk to the national security of the U.S. 
     because such proceedings would disclose classified 
     information. In addition to permitting the use of classified 
     information, this section also addresses appeals procedures 
     in such cases.
     Section 602--Membership in a terrorist organization as a 
         basis for exclusion from the U.S. under the Immigration 
         and Nationality Act
       The section provides that membership in a terrorist 
     organization is sufficient cause for exclusion.


                        Title VIII--Inspections

     Section 701--Preinspection at foreign airports
       Preinspection both combats illegal immigration by 
     preventing undocumented aliens from reaching U.S. soil and 
     reduces delays at domestic airports. This section provides 
     for INS to establish preinspection stations at 5 of the 10 
     most heavily trafficked foreign airports within 2 years of 
     this bill's enactment and to establish another 5 in 4 years.
       This section requires that before establishing a 
     preinspection station, the Attorney General shall ensure that 
     U.S. employees at the station and their families will receive 
     protection and will not be subject to safety risks, and that 
     the country in which the station is established maintains 
     practices and procedures in accordance with the 1951 
     Convention Relating to the Status of Refugees.
     Section 702--Training of airline personnel in detection of 
         fraudulent documents
       Airline Personnel at foreign airports must examine a 
     passenger's travel documents before the passenger boards the 
     airplane. However, many aliens are boarding airplanes headed 
     for the U.S. by using fraudulent documents, indicating that 
     airline personnel are not receiving adequate training to 
     detect such documents.
       This section requires INS to use at least 5% of the money 
     in the Inspections Fee Account in order to train airline 
     personnel in the detection of fraudulent documents. If an 
     airline fails to participate in INS training programs 
     regarding the detection of fraudulent documents, the Attorney 
     General may suspend the airline's landing rights.
     Section 703--Passport and visa offenses penalties
       Modify the penalties for certain passport and visa related 
     fraud.


                           title viii--asylum

     Section 801--Inspection and exclusion by immigration officers
       Aliens seeking to immigrate to the United States are 
     increasingly using commercial international flights to 
     circumvent U.S. immigration laws. The number of aliens 
     arriving at U.S. airports with either fraudulent or no 
     documents has grown explosively in recent years. Most 
     arrivals are paroled into the community with instructions to 
     report several months in the future for a hearing before an 
     immigration judge. Many of these individuals do not show up 
     for their hearing and simply disappear.
     Expedited Exclusion
       This section rewrites sec. 235(b) of the INA, which governs 
     inspection and exclusion, and provides for an expedited 
     exclusion procedures for aliens who (1) arrive either at 
     ports of entry or elsewhere in the U.S., (2) do not have 
     proper documentation, and (3) do not have a credible claim of 
     persecution.
       Under this provision, if the examining immigration officer 
     determines that an alien seeking entry to the U.S. does not 
     present the documentation required to obtain entry to the 
     U.S. and doesn't indicate a fear of persecution, the officer 
     may exclude the alien without further hearing or review.
       If an alien does not have the proper documentation required 
     for entry but indicates a fear of persecution, the examining 
     officer must refer the alien to an INS asylum officer at the 
     port of entry. Then, if the asylum officer determines the 
     alien has a credible fear of persecution, the alien is 
     entitled to apply for provisional asylum. If the asylum 
     officer determines that an alien does not have a credible 
     fear of persecution, the officer can order the alien excluded 
     from the United States, subject to immediate supervisory 
     review.
       Credible fear of persecution is defined as a significant 
     possibility that the alien could establish eligibility for 
     provisional asylum and that it is more probable than not the 
     statements made in support of the alien's claim are true.
       The only type of judicial review authorized for an alien 
     found excludable under the expedited exclusion provision is a 
     petition for habeas corpus. Such habeas corpus review is 
     limited to determining whether the petitioner is an alien and 
     whether the petition was ordered excluded under the expedited 
     exclusion procedures.

                       Exclusion and Deportation

       Section 801 also changes the procedures by which some 
     aliens are removed from the country. Currently, aliens who 
     are apprehended at a port of entry are entitled to an 
     exclusion hearing. However, aliens who have ``entered'' the 
     U.S., including aliens who have entered the U.S. illegally, 
     are entitled to the more cumbersome procedures of 
     deportation. Thus, it is considerably more difficult to 
     remove aliens who succeed in entering the U.S. than those who 
     are apprehended at a port of entry.
       This section provides that an alien has not ``entered'' the 
     United States for purposes of the INA unless the alien has 
     been inspected and admitted by an immigration officer, but 
     who has been physically present in the U.S. for a continuous 
     period for 1 year, will be considered to have entered the 
     U.S. and will be removable through deportation procedures.
     Section 802--Asylum
       Currently, adjudication of an asylum claim through the 
     various administrative and judicial levels is extremely time 
     consuming. Underserving applicants have taken advantage of 
     the present backlogs (over 300,000 pending asylum cases) and 
     unnecessary levels of review and appeal to delay for years 
     and years the resolution of their cases.
       This section rewrites sec. 208 of the INA, involving 
     asylum, to revamp and streamline the asylum process.

                             Qualifications

       Under current law, an alien who fears persecution can apply 
     for asylum under sec. 243(h) of the INA, or in many 
     circumstances, both. To be granted asylum, an alien must 
     prove that the alien has a ``well-founded fear'' of being 
     persecuted, whereas to be granted withholding an alien must 
     prove that his or her life or freedom ``would be threatened'' 
     by persecution. The courts have interpreted ``would be 
     threatened'' to mean ``more likely than not'' and well 
     founded fear'' to mean ``good reason to fear'' a burden of 
     proof that is not as great as more likely than not. A grant 
     to asylum is discretionary with the Attorney General. A grant 
     of withholding of deportation is mandatory if the applicant 
     meets the requirements of sec. 243(h).
       Under the new sec. 208 an alien who fears persecution would 
     be allowed to apply for only one form of relief, provisional 
     asylum.
       The section retains the existing burdens of proof in that 
     (1) the Attorney General is required to grant provisional 
     asylum to an alien who establishes that it is ``more likely 
     than not'' that the alien would be persecuted in his or her 
     home country and (2) the Attorney General is given the 
     discretion to grant provisional asylum to an alien who 
     establishes a ``good reason to fear'' persecution.
       Reflecting current practice, the Attorney General may not 
     grant provisional asylum to an alien who participated in 
     persecution, has been convicted of a particularly serious 
     crime, or is a danger to U.S. security. The Attorney General 
     is directed to promulgate regulations specifying additional 
     limits making aliens ineligible for discretionary provisional 
     asylum. An alien is also not entitled to provisional asylum 
     if the A.G. determines there is another country to which the 
     alien can be sent where the alien will not be persecuted.
       The Attorney General is authorized to terminate provisional 
     asylum status for an alien who is no longer subject to 
     persecution because of changed circumstances in the alien's 
     home country. Status may also be terminated if it is 
     discovered the alien was ineligible for provisional asylum, 
     or if a country has been identified to which the alien can be 
     sent where the alien will not be persecuted.
       The section also requires an applicant to submit to being 
     fingerprinted and photographed in order to ensure a means of 
     identifying applicants and to determine which applicants fail 
     to appear for hearings.

                       Deadlines for Applications

       Currently there are no deadlines by which asylum 
     applications must be filed. An alien who has been in the U.S. 
     illegally for years may claim asylum at any time. This allows 
     aliens to use asylum as a defense to deportation.
       This subsection establishes deadlines for provisional 
     asylum applications. An alien is required to file a notice of 
     intent to file a provisional asylum application within 30 
     days after arriving in the U.S. The application itself must 
     be filed within 60 days. An applicant who misses the 
     deadlines is allowed to apply only if he or she can show that 
     circumstances changed in the home country after the deadline 
     expired.
       Applications for asylum will not be considered for persons 
     previously denied asylum in countries that utilized a full 
     and fair procedure as dictated in multilateral agreements 
     between that country and the U.S.
       Reasonable fees may be charged for these applications and 
     employment authorization will only be granted at the 
     discretion of the Attorney General rather than automatically 
     upon application. Applications will also be dismissed if 
     an alien does not appear for this hearing, unless he can 
     show exceptional circumstances.

                          Adjustment of Status

       This Section also allows aliens who have been granted 
     provisional asylum to receive full asylum status. To do so an 
     alien must be present in the U.S. in provisional asylum 
     status for one year, continue to be eligible for provisional 
     asylum, not be firmly resettled in any other country, and be 
     admissible for adjustment under the same status. After being 
     in asylum status for one year, the alien and the alien's 
     spouse and children can adjust to permanent resident status. 
     The Attorney General may charge a reasonable fee for the 
     filing of an asylum application.

                         Frivolous Applications

       Under this provision, any alien who received notice of the 
     consequences of filing a frivolous provisional asylum 
     application and who files such application will not be 
     eligible in the future for any immigration benefits under the 
     INA. Applications which contain willful and material 
     misrepresentations will be considered frivolous.
     Section 803--Failure to appear for asylum hearing; judicial 
         review
       Under this section, an alien who was given proper notice 
     and fails to appear for a provisional asylum hearing will not 
     be eligible in the future for any immigration benefit under 
     the INA.
       This section also provides that judicial review of 
     provisional asylum cases will be heard by the appropriate 
     Federal Court of Appeals. A determination granted or denying 
     provisional asylum on the basis of a claim of changed 
     circumstances will be in the sole discretion of the Attorney 
     General.
     Section 804--Conforming amendments
       This section contains conforming amendments to the INA.
     Section 805--Effective dates
       Most amendments made by Title VIII would take effect on the 
     date of enactment of the act. Some effective dates are after 
     enactment of this act in order to allow INS time to prepare 
     for the changes.
     Section 901--Reduction in overhead costs incurred in 
         federally sponsored research
       Provides for a reduction in overhead costs incurred in 
     federally sponsored research by limiting the reimbursement 
     rate for a university to 50% for overhead/indirect costs 
     incurred for conducting R&D that the government sponsors. CBO 
     estimates this will produce savings of $1.24 billion dollars 
     over the 5 year period FY 1995 through FY 1999.
                                 ______

      By Mr. CRAIG (for himself, Mr. Domenici, Mr. DeConcini, Mr. 
        Wallop, Mr. Bennett, Mr. Bingaman, Mr. Burns, Mr. Hatch, Mr. 
        Kempthorne, Mr. Murkowski, Mr. Pressler, Mr. Simpson, and Mr. 
        Stevens):
  S. 2106. A bill to establish a fee schedule for users of 
communications sites on public lands, and for other purposes; to the 
Committee on Energy and Natural Resources.


            the equitable communication site fee act of 1994

  Mr. CRAIG. Madam President, thousands of broadcast towers, 
translators, microwave relay stations, and other telecommunications 
facilities licensed by the Federal Communications Commission are 
located on Federal sites across the United States. They provide a vital 
public service to our local communities, particularly those in the 
rural West, where communication outlets are few and cable television is 
often not available.
  Yet this important communications link is in danger of being broken 
if the Congress does not resolve the problem of determining an 
equitable fee increase for the use of communications sites on Federal 
lands.
  I'm pleased to report that Senators Domenici, DeConcini, Wallop, and 
I are introducing legislation based on the Congress' own Radio and 
Television Broadcast Use Advisory Committee report: the Equitable 
Communication Site Fee Act of 1994. We are joined in introducing the 
bill today by Senators Bennett, Bingaman, Burns, Hatch, Kempthorne, 
Murkowski, Pressler, Simpson, and Stevens.
  As many of my colleagues know, over the years, the BLM and Forest 
Service have put forward a number of proposals to increase 
communication site fees--sometimes as much as 1,500 percent. Both 
broadcasters and nonbroadcasters agree that some increase in these fees 
is justified, but an increase along the lines proposed by these 
agencies would have shut down many operations. It's for that reason the 
Appropriations Committee has repeatedly approved moratoriums stopping 
those proposals.

  In an attempt to find a more equitable fee increase, the Congress 
included a provision in the 1992 Interior appropriations bill, 
establishing an advisory committee consisting of representatives from 
industry, BLM, and the Forest Service. After studying the issue, the 
advisory committee issued a report containing the elements necessary to 
finally resolve this ongoing problem. The report included proposed fee 
increases ranging from approximately 200 to 900 percent. Although these 
are dramatic increases, they were based on a methodology that took into 
account the market in which the user operates, and therefore reflect 
fair market value.
  The bill we are introducing today would implement the advisory 
committee's recommendations. It would also address modifications for 
nonbroadcast users, based on the same methodology used for the 
broadcasters. I'm happy to note that broadcasters and nonbroadcasters 
are supportive of these recommendations and willing to pay the higher 
fees.
  Madam President, we must not continue wasting Federal resources by 
postponing this decision year after year. The Equitable Communication 
Site Fee Act would resolve this issue fairly and reasonably. I hope my 
colleagues agree and will support the bill with their cosponsorship and 
their vote.
  This is to establish a fair and equitable formula for those 
communications sites and towers very critically important to the 
communications and broadcast system of the Rocky Mountain States and 
your State of California, and others, that there is now an equitable 
process for determining annualized fees for both the public and private 
sector in their need to stake out high ground for the purpose of 
communication.
  Madam President, let me conclude my introducing legislation today 
better known as the Equitable Communications and Site Fee Act of 1994.
  Madam President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2106

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Equitable Communication Site 
     Fee Act of 1994''.

     SEC. 2. RADIO AND TELEVISION USE FEE.

       The Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.) is amended--
       (1) by redesignating sections 510 and 511 as sections 511 
     and 512, respectively; and
       (2) by inserting after section 509, the following new 
     section 510:

     ``SEC. 510. USE FEES FOR USERS OF COMMUNICATIONS SITES ON 
                   PUBLIC LANDS.

       ``(a) Definitions.--For the purposes of this section--
       ``(1) the term `ADI TV households' means the area of 
     dominant influence for television, an exclusive geographic 
     area based on measurable television viewing patterns, as 
     described in section 73.3555(e)(3)(i) of title 47, Code of 
     Federal Regulations, or any succeeding regulation;
       ``(2) the term `commercial mobile radio communications 
     site' means a multipurpose communications site that is--
       ``(A) operated for profit;
       ``(B) operated by a site owner, manager, or permittee who 
     leases space to a variety of users, including individuals and 
     businesses of all sizes, for the purpose of providing--
       ``(i) land mobile radio communications services;
       ``(ii) paging services;
       ``(iii) cellular telephone services;
       ``(iv) private or commercial mobile services;
       ``(v) radio or television broadcasting services;
       ``(vi) microwave transmissions; and
       ``(vii) satellite receiver stations; and other related and 
     compatible users and services; and
       ``(C) is located on a site managed by either the United 
     States Forest Service or the Bureau of Land Management under 
     the terms of a lease, permit, or right-of-way;
       ``(3) the term `FM translator station' means a station in 
     the broadcast service operated for the purpose of 
     retransmitting the signals of an FM radio broadcast station 
     or another FM broadcast translator station without 
     significantly altering any characteristic of the incoming 
     signal other than its frequency and amplitude, for the 
     purpose of providing FM broadcast service to the general 
     public;
       ``(4) the term `holder' means an individual, partnership, 
     corporation, association, or other business entity, and any 
     Federal, State, or governmental entity that has applied for, 
     and received, a site use authorization;
       ``(5) the term `MSA population' means the metropolitan 
     market survey area for radio in an exclusive geographic area 
     based on measurable listening patterns;
       ``(6) the term `private radio communication site' means a 
     communications site that--
       ``(A) is operated by an entity to provide internal 
     telecommunications capabilities;
       ``(B) is operated by an individual, industry, or other 
     entity with private telecommunications service requirements;
       ``(C) provides land mobile, aeronautical, maritime, 
     microwave, or satellite radio services; and
       ``(D) is located on a site managed by either the National 
     Forest Service or the Bureau of Land Management under the 
     terms of a lease, permit, or right-of-way;
       ``(7) the term `radio broadcast communications site' means 
     a site on which is located a commercial broadcast station 
     that--
       ``(A) is licensed for the dissemination of aural 
     communications intended to be received by the general public;
       ``(B) is operated on a channel in either--
       ``(i) the AM broadcast band of frequencies, which extends 
     from 535 to 1705 kHz; or
       ``(ii) the FM broadcast band, which extends from 88 to 108 
     MHz;
       ``(C) is located on a site managed by either the United 
     States Forest Service or the Bureau of Land Management under 
     the terms of a lease, permit, or right-of-way; and
       ``(D) does not include the operation of--
       ``(i) FM translators;
       ``(ii) FM boosters;
       ``(iii) AM synchronous transmitters; or
       ``(iv) passive repeaters that operate pursuant to part 74 
     of title 47, Code of Federal Regulations, or succeeding 
     regulation;
       ``(8) the term `Secretaries' means the Secretary of 
     Agriculture and the Secretary of the Interior;
       ``(9) the term `site use authorization' means a permit, 
     term permit, lease, easement, or right-of-way that authorizes 
     occupancy, use, rights, or privileges on public land for the 
     transmission or reception of radio, television, telephone, 
     telegraph, and other electronic signals and other means of 
     communication;
       ``(10) the term `television broadcast communications site' 
     means a site on which is located a commercial broadcast 
     station that--
       ``(A) is licensed for the transmission of simultaneous 
     visual and aural signals intended to be received by the 
     general public;
       ``(B) is operated on a channel in the television broadcast 
     band, which extends from 54 to 806 MHz;
       ``(C) is located on a site managed by either the United 
     States Forest Service or the Bureau of Land Management under 
     the terms of a lease, permit, or right-of-way; and
       ``(D) does not include the operation of--
       ``(i) low power television stations;
       ``(ii) UHF or VHF television translator stations; or
       ``(iii) passive repeaters that operate pursuant to part 74 
     of title 47, Code of Federal Regulations, or succeeding 
     regulation; and
       ``(11) the term `television translator station' means a 
     station in the broadcast service operated on a VHF or UHF 
     channel for the purpose of retransmitting the programs and 
     signals of a television broadcast station, without 
     significantly altering any characteristic of the original 
     signal other than its frequency and amplitude, for the 
     purpose of providing television reception to the general 
     public.
       ``(b) Broadcast Communications Sites.--
       ``(1) Establishment of fee.--The Secretary of Agriculture, 
     with respect to National Forest System land administered by 
     the Forest Service, and the Secretary of the Interior, with 
     respect to public lands administered by the Bureau of Land 
     Management, shall establish and collect an annual fee for the 
     use of radio and television communications sites and 
     commercial mobile radio communications sites located on 
     public lands in accordance with the following fee schedules:
       ``(A) Television and radio broadcast communications 
     sites.--

       

                    ``Television Rental Fee Schedule                    
------------------------------------------------------------------------
     ``ADI TV Households (Rank)                   Rental Fee            
------------------------------------------------------------------------
                1-10                               $42,000             
------------------------------------------------------------------------
               11-30                               21,000              
------------------------------------------------------------------------
               31-70                               10,500              
------------------------------------------------------------------------
               71-120                               5,250              
------------------------------------------------------------------------
              121-210                               2,625              
------------------------------------------------------------------------
              Non-ADI                               2,500.              
------------------------------------------------------------------------


       

                       ``Radio Rental Fee Schedule                      
------------------------------------------------------------------------
      ``MSA Population (Rank)                  Radio Rental Fee         
------------------------------------------------------------------------
                1-10                               $29,400             
------------------------------------------------------------------------
               11-30                               14,700              
------------------------------------------------------------------------
               31-90                                7,350              
------------------------------------------------------------------------
               91-160                               3,675              
------------------------------------------------------------------------
              161-261                               1,838              
------------------------------------------------------------------------
              Unrated                               1,500.              
------------------------------------------------------------------------

       ``(B) Commercial mobile radio communications sites.--

       

                       ``Nonbroadcast Fee Schedule                      
------------------------------------------------------------------------
        ``Population Served                       Rental Fee            
------------------------------------------------------------------------
             1,000,000+                            $12,000             
------------------------------------------------------------------------
          500,000-999,999                           5,000              
------------------------------------------------------------------------
          250,000-499,999                           3,500              
------------------------------------------------------------------------
          150,000-249,999                           2,000              
------------------------------------------------------------------------
           75,000-149,999                           1,000              
------------------------------------------------------------------------
           30,000-74,999                             500               
------------------------------------------------------------------------
          29,999 and fewer                           300.               
------------------------------------------------------------------------

       ``(2) Annual review.--The fees established under this 
     section shall be reviewed annually by the Forest Service and 
     the Bureau of Land Management.
       ``(3) Adjustment.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the fee established under this section shall be adjusted 
     annually to reflect changes in the Consumer Price Index 
     published by the Department of Labor.
       ``(B) Limitations.--
       ``(i) The fee charged for a television or radio broadcast 
     communications site for any given year shall not increase 
     less than 3 percent or more than 5 percent of the fee charged 
     to the holder in the preceding year.
       ``(ii) The fee charged for a commercial mobile radio 
     communications site for any given year shall not increase 
     less than 1 percent or more than 3 percent of the fee charged 
     to the holder in the preceding year.
       ``(C) Notice.--Not later than 60 days before the effective 
     date of an adjustment under this paragraph, the Secretaries 
     shall transmit to Congress notice of such adjustment.
       ``(4) Limitation on fee.--During the first year in which 
     the schedule established pursuant to paragraph (1) is in 
     effect, if the amount of the fee charged for a holder 
     pursuant to the schedule is--
       ``(A) greater than the amount that the holder paid for the 
     use of the site on January 1, 1993, plus $1,000, the holder 
     shall pay an amount equal to the sum of--
       ``(i) the amount the holder paid for the use of the site on 
     January 1, 1993; and
       ``(ii) $1,000; or
       ``(B) less than the amount the holder paid for the use of 
     the site on January 1, 1993, the holder shall pay the greater 
     amount until such time as the fee charged under the schedule 
     equals or exceeds the amount charged on January 1, 1993.
       ``(5) Additional users.--In the case of a television or 
     radio communications site--
       ``(A) if a holder is permitted under the terms of the site 
     use authorization to grant access to the site to users other 
     than the holder, the Secretary concerned shall charge an 
     annual fee in an amount equal to 25 percent of the gross 
     income the holder receives from additional users during each 
     year;
       ``(B) each site use authorization shall require the holder 
     to provide to the Secretary concerned a certified list 
     identifying all additional users of the site and gross 
     revenues received from each additional user; and
       ``(C) additional users shall not be required to obtain 
     separate authorization to use the site.
       ``(6) Translator stations.--The Secretary of the Interior, 
     with respect to public lands administered by each of its 
     internal bureaus, including the Bureau of Land Management, 
     shall establish and collect an annual fee for the use of 
     television translator stations and FM translator stations 
     located on public lands, in accordance with the regulations 
     governing the collection of such fees on National Forest 
     System land administered by the National Forest Service of 
     the Department of Agriculture.
       ``(7) Regulations.--The Secretaries shall promulgate and 
     implement appropriate regulations to carry out this section. 
     The regulations shall implement consistent policies and 
     procedures between the Department of Agriculture and the 
     Department of the Interior.
       ``(8)  Advisory groups.--
       ``(A) Establishment.--Not later than 10 years after the 
     date of enactment of this section, the Secretaries shall 
     establish a broad-based advisory group for each of--
       ``(i) the television and radio broadcast industries; and
       ``(ii) the commercial mobile radio industry.
       ``(B) Members.--The members of each advisory group shall 
     include representatives from the relevant communications 
     industries.
       ``(C) Duties.--The advisory groups shall review the fee 
     schedule and other criteria for determining fair market value 
     for the use of communications sites on public land.
       ``(D) Report.--Not later than 1 year after the date on 
     which the advisory groups are established under this 
     paragraph, the advisory groups shall report their findings to 
     Congress.
       ``(c) Advisory Committee for Private Radio Communications 
     Site Users.--
       ``(1) Establishment.--The Chief Forester of the National 
     Forest Service and the Director of the Bureau of Land 
     Management shall jointly establish a broad-based advisory 
     committee. The advisory committee shall be comprised of an 
     equal number of representatives from--
       ``(A) private radio communications site users from public 
     and private communications sites;
       ``(B) the National Forest Service; and
       ``(C) the Bureau of Land Management.
       ``(2) Duties.--The advisory committee shall--
       ``(A) review recommendations for acceptable criteria for 
     determining fair market values and next best alternative 
     uses;
       ``(B) review existing methodology for determining fair 
     market value and next best alternative uses;
       ``(C) assess the validity of the methodology, taking into 
     account all reasonable alternatives; and
       ``(D) evaluate and recommend appropriate fee waivers or 
     discounts for public services by communications site users 
     who provide for the public convenience, interest, and 
     necessity, as required for licensing under the Communications 
     Act of 1934.
       ``(3) Report.--Not later than 8 months after the date of 
     enactment of the Equitable Communication Site Fee Act of 
     1994, the advisory committee shall report its finding to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives.''.

  Mr. DeCONCINI. Madam President, I rise today to join Senator Craig, 
and others in sponsoring the Equitable Communications Site Fee Act of 
1994. I commend the distinguished Senator from Idaho for his diligence 
in developing and introducing this very important legislation. For over 
8 years, Congress and the Federal agencies have been working to resolve 
the issue of what constitutes fair market value for communication sites 
on public lands administered by the Bureau of Land Management and the 
Forest Service.
  In 1992, the Appropriations Committee established an 11 member 
advisory committee to study this important issue and make 
recommendations. This committee was appointed jointly by the 
Secretaries of Agriculture and Interior and represented a broad 
spectrum of experts from Government agencies, private industry, an 
appraiser, and representatives from the BLM and the Forest Service. The 
report was finalized in December 1992. The advisory committee made a 
number of valuable recommendations to implement a fee structure that 
would reasonably increase communication site fees on public lands. Our 
bill would implement the recommended fee structure contained in the 
advisory committee's report.
  Over the past 4 years, the administration has moved to increase the 
fees charged to broadcast and non-broadcast users of communication 
sites to reflect fair market value. Fair market value appraisals 
developed by the Forest Service proposed increases as high as 2,650 
percent over current rates. Rate increases of this magnitude would 
drive many users of these sites out of the markets they serve, rural 
areas in particular. Moratoriums in the Interior Appropriations bill 
have prevented these huge rate increases, but this process is costing 
the Federal Government money every year.
  Both broadcasters and non-broadcasters are willing to pay higher fees 
and are supportive of this bill. The bill provides limitations to the 
amount that fees can be adjusted during the first year for which the 
fee schedule is established. It also provides for annual adjustments to 
the fees based on changes in the Consumer Price Index with appropriate 
adjustment limitations for any given year. This will allow broadcasters 
and non-broadcasters to adapt to the new fee schedules in an orderly 
manner and minimize the impact to their operations.
  Madam President, I urge my colleagues to support the Equitable 
Communication Site Fee Act of 1994, to raise communication site fees 
and resolve this longstanding problem.
  Mr. BURNS. Madam President, I am pleased to cosponsor with my good 
friend and colleague Senator Larry Craig and others, legislation to set 
fair broadcasting user fees on Federal lands.
  As a former broadcaster and member of the Senate who takes a 
personal, active interest in national communications policy, I know 
first-hand how rural communities in Western States heavily rely upon 
local radio and television broadcasting service.
  Broadcasting service is not merely entertainment. More importantly 
and critically, its local news, weather, public service, farming and 
ranching news, high school sports events, and so forth--all provided 
free to the public and vital to a community's proper functioning.
  The best sites for broadcasting transmitters in Western States 
dominated by mountainous terrain are mountain tops which often are on 
Federal lands.
  Mountain transmission ensures that broadcast signals have clear 
reception. Broadcasters, in most cases, have no other choice but to 
build their towers on mountains in order to reach and serve their 
community of license.
  These mountains are owned primarily by the Federal Government and 
managed either by the U.S. Forest Service or the BLM. At the same time, 
these sites are good for little other than broadcast towers or sheep 
grazing.
  All sides recognize that increases in rental fees for these Federal 
sites are appropriate. But the agencies need to balance fair return for 
these rentals with a recognition of the vital, free public service 
provided by the broadcast site lessors.
  That fairness and balance has been lacking to date in the proposed 
unfair, unjustifiably high increases by agencies. That is why Congress 
has blocked these increases for 5 years in a row, and why Congress 
established an advisory group to develop recommendations for a fair 
resolution of this issue.
  This bill simply codifies into law the recommendations of the 
advisory group which appears to me to be fair, reasonable, and sound 
solution.
  The advisory group recommends a fee schedule, which is much easier to 
implement than individual site appraisals. The schedule reflects the 
public service that these broadcast stations provide, and reflects 
appropriate distinctions between fees for radio and television 
stations. The schedule would provide for substantial increases in the 
monies the Federal Government would receive from these sites.
  Congress cannot support any proposal that merely seeks to raise the 
most money possible from these broadcasters, who are providing vital 
service to their local communities. The advisory group recommendations 
are sound, and I believe that this Congress should codify them and put 
this contentious issue to rest.
  Mr. HATCH. Madam President, I rise today to express my support for 
the Equitable Communication Site Fee Act of 1994 introduced by my 
colleagues, Senators Craig, Domenici, Wallop, and DeConcini and others. 
Adoption of this legislation will finally, and fairly, address the 
ongoing issue of assessing an equitable fee increase for the use of 
communication sites on public lands.
  The issue of charging a fee to broadcasters and nonbroadcasters who 
use sites on lands administered by the Bureau of Land Management [BLM] 
or the U.S. Forest Service [USFS] is critical to Utah. In fact, the 
directive prohibiting these agencies from assessing a dramatic increase 
in these fees was first proposed in 1987 by my former colleague, Jake 
Garn, and similar language has been adopted by this body every year 
since then.
  This yearly discussion on this issue led to the creation in 1992 of 
the Radio and Television Broadcast Use Fee Advisory Committee composed 
of individuals representing Federal, State, and local governments, and 
private or commercial interests in the communications area. I am 
pleased to note that Mr. Kent Parsons from Monroe, UT, was a member of 
that committee. The legislation we are introducing today will implement 
the committee's report and address other modifications for nonbroadcast 
users.
  The prime sponsors have discussed the legislation in detail, so I 
will not repeat what has already been stated. But, I would like to 
briefly indicate for my colleagues why the solution contained within 
this legislation is so critical to Utah.
  Utah is home to one-tenth of the country's broadcast translators, 
representing a total number of approximately 100 locations. The large 
majority of these translators are located on public land managed by the 
BLM and USFS. The primary purpose for these translators is to provide 
radio and television signals emanating from the heavily populated 
Wastach Front to the rural areas of Utah. Without these translators, 20 
percent of Utah's total population would be unable to access radio, 
television, or cable signals. Most people in our society take their 
access to radio and television for granted.
  Those who own and operate our translators in Utah are key to keeping 
this portion of our population ``plugged in,'' in many respects, with 
the day-to-day occurrences throughout the world. These owners are 
primarily nonprofit entities, such as municipalities, counties, or 
civic groups; commercial broadcasters, who lease very few sites 
throughout Utah, are heavily dependent on these nonprofit entities to 
operate and maintain the translators. If the fees to lease these sites 
increase dramatically, commercial broadcasters will be unwilling to pay 
the higher rent required by the nonprofit groups to continue the annual 
operation and maintenance involved with the translator. It simply will 
not make economic sense to the commercial broadcast stations in our 
State to pay a huge amount for a service that only minimally expands 
its audience. The owners of the translators will be placed in an 
untenable situation, and will, more likely than not, be forced to 
discontinue operation of the translator.
  There are also other benefits, other than commercial radio, 
television or cable broadcasts, that are received by our communities 
from these stations. For example, the translator station located on 
USFS land on Kaysville Peak, just north of Salt Lake City, provides a 
direct link between the Davis County School District administrative 
offices and the district's school buses. Without this station, the 
district's ability to communicate with individual buses and manage the 
daily bus system would be severely impaired, if not logistically 
impossible. The communications link provided by the Kaysville Peak 
translator is also a safety link for those transporting children on 
rural roads in bad weather. On a side note, this body recently adopted 
legislation I introduced to give Kaysville City the right to continue 
to operate and maintain this station, thus ensuring continue 
functioning of this radio link throughout the school year. For that, I 
thank my colleagues.
  Most of Utah's translator operators recognize that an increase in the 
fees paid for access to Federal lands may be in order. But, a large 
increase implemented in a short period of time will have the effect I 
just described. An increase that is fair and that is incorporated over 
a sufficient time period is the right medicine to resolve this 
situation. The Utah Broadcasters Association has indicated their strong 
support for this legislation.
  Madam President, the Salt Lake Tribune recently labeled Utah's 
translator system one of the most complex in the world, as 
``mountaintop hopscotch.'' I think it would be helpful for my 
colleagues in understanding this issue to describe how a signal moves 
from Salt Lake City to Henrieville, a city with a population of 126, 
which is located 272 miles south of Salt Lake City. As the newspaper 
reported, ``the signal originates at the privately-owned transmitted 
tower sites in the Oquirrh Mountains west of Salt Lake City. It is 
picked up and boosted first at a site above Levan, then again at Monroe 
Peak in Sevier County--then onto a peak above Bryce Canyon National 
Park--then over to Henderson Rim in Garfield County--across to the City 
of Tropic--and into Henrieville.''
  If any one of these links is not operational, the system breaks down, 
and the signal will not make it to the residents of Henrieville. There 
are many other network examples, even more complex than this one, that 
demonstrate how crucial these translator stations are to communicating 
with our rural areas.
  Since 70.2 percent of Utah's land is owned and managed by the Federal 
Government, there are very limited alternatives available to local 
governments and community groups on which to locate these stations 
other than on public lands.
  As I mentioned, Mr. Kent Parsons from Monroe, UT, with considerable 
experience in communication sites in 10 western states over a 36-year 
period, served on the Radio and Television Broadcast Use Fee Advisory 
Committee. He indicated in a letter to me last year that the 
committee's report, which is the basis for Senator Craig's legislation, 
achieved ``the best solution to a very complex and controversial fee 
increase proposal.'' He went on to say that the committee spent 
considerable time--approximately 65 hours of meetings--to arrive at a 
consensus fee increase proposal that was ``not only fair, but also 
reasonable.'' Mr. Persons closed his letter by stating that any effort 
moving away from the committee's fee proposal would be tantamount to 
``taking us back to square one'' on this issue.
  I agree wholeheartedly with Mr. Parsons, which is why I am strongly 
supporting the fair, reasonable, and workable solution outlined in this 
legislation. I commend my colleagues for their work on this issue. In 
particular, my good friend from Idaho, Senator Craig, has shown 
tremendous leadership in putting the advisory committee's proposal 
formally before this body.
  I encourage my colleagues to review the product of the committee and 
to support this legislation that embodies its recommendation.
                                 ______

      By Mr. SPECTER:
  S. 2107. A bill to authorize the appointment of an additional 
bankruptcy judge for the eastern district of Pennsylvania; to the 
Committee on the Judiciary.


   eastern district of pennsylvania bankruptcy judgeship act of 1994

  Mr. SPECTER. Mr. President, I am introducing legislation today to 
authorize the creation of a new bankruptcy judgeship for the eastern 
district of Pennsylvania. This measure follows on a recommendation by 
the Judicial Conference of the United States, after a careful review of 
the bankruptcy caseload in the district, to create a new bankruptcy 
judgeship there.
  From 1961 to 1991, there were three bankruptcy judges in the eastern 
district of Pennsylvania. During this period, bankruptcy filings in the 
eastern district increased 1,630 percent. In 1991, in order to address 
the caseload crisis in the court, I introduced legislation to create an 
additional bankruptcy judgeship in the eastern district. I subsequently 
introduced a second bill to authorize the creation of two new 
bankruptcy judgeships for the district, to bring the number of 
bankruptcy judges there to five. That legislation was incorporated into 
broader legislation, creating 32 new bankruptcy judgeships nationally, 
that was enacted in 1992. Despite the adoption of this legislation 
authorizing two additional bankruptcy judgeships for the eastern 
district, the positions were not funded and filled until late in 1993.
  The same circumstances that led to the creation of the two additional 
bankruptcy judgeships in 1992 are present again. Information provided 
to me by the eastern district reflects a need for the creation of 
additional bankruptcy judgeships.
  In the 4-year period ending September 30, 1993, bankruptcy filings in 
the eastern district increased 42.9 percent, from 8,258 cases in fiscal 
year 1990 to 11,800 cases in fiscal year 1993. During the same period, 
the number of chapter 11 business reorganization filings increased from 
257 in fiscal year 1990 to 377 in fiscal year 1993, an increase of 46.7 
percent. The number of chapter 11 filings is particularly relevant 
because these filings require a substantial amount of judicial time. 
The number of chapter 13 filings for this period greatly exceeded the 
national average.
  The eastern district has also informed me that its bankruptcy judges 
face one of the most complex caseloads of any bankruptcy court in the 
country. The weighted caseload for the eastern district is 
substantially higher than the national average. The weighted caseload 
is a means developed by the judiciary to measure the complexity of 
cases; it assigns a larger number to more complex cases that take more 
time than routine matters. During fiscal year 1992, the eastern 
district had a weighted caseload of 1,969 case-related hours per judge 
compared with the national average of 1,437 case-related hours per 
judge. These figures indicate that the bankruptcy judges in the eastern 
district handled a weighted caseload that was 37 percent higher than 
the national average. Even after the recent creation and filling of the 
two new judgeships, the eastern district has the fifth heaviest 
weighted bankruptcy caseload in the Federal judicial system.
  In September 1993, in response to the ever-increasing bankruptcy 
caseload in the eastern district of Pennsylvania, the judges of the 
eastern district recommended that additional bankruptcy judgeships for 
the district be created. The Judicial Conference of the United States, 
acting pursuant to this recommendation, has recommended the addition of 
a new bankruptcy judgeship in the eastern district. In the opinion of 
the Federal judiciary, therefore, the creation of a new bankruptcy 
judgeship for the eastern district of Pennsylvania is vital to the 
continued functioning of the Federal judicial system in the 10 counties 
in eastern Pennsylvania.
  After reviewing information submitted to me by the eastern district, 
I agree that the need exists for the creation of a new bankruptcy 
judgeship in the eastern district of Pennsylvania to address the 
increased caseload and cure the disparity in weighted caseload between 
the eastern district and bankruptcy courts in the rest of the Nation. 
Accordingly, I am introducing legislation to authorize the creation of 
a sixth permanent bankruptcy judgeship in the eastern district of 
Pennsylvania. I hope that this legislation will be swiftly considered 
and adopted by the Congress.
  Mr. President, I ask for unanimous consent that the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2107

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

     SECTION 1. ADDITIONAL BANKRUPTCY JUDGE FOR THE EASTERN 
                   DISTRICT OF PENNSYLVANIA.

       Section 152(a)(2) of title 28, United States Code, is 
     amended in the item relating to the Eastern District of 
     Pennsylvania by striking ``5'' and inserting ``6''.
                                 ______

      By Mr. ROTH:
  S. 2108. A bill to express U.S. policy with respect to the North 
Atlantic Treaty Organization; to the Committee on Foreign Relations.


                        nato revitalization act

  Mr. ROTH. Mr. President, I arise today to introduce the Roth-Hyde 
bill on the expansion of the North Atlantic Treaty Organization. I send 
a copy of the bill to the desk.
  Last January, President Clinton met with the political leaders of 
NATO's other 15 member nations. Many of us had hoped that from that 
meeting would come a proposal to allow Central European democracies 
which aspired to NATO membership to join our alliance.
  In the event, no such clear proposal emanated from the Brussels 
summit and the Senate subsequently spoke out in favor of expanding the 
alliance by passing the McConnell amendment to the State Department 
authorization bill by a voice vote of 94 to 3.
  Instead of proposing an immediate expansion of NATO, the alliance's 
political leaders issued an invitation to all members of the former 
Warsaw Pact, all CIS members States and all traditionally neutral 
nations to join the so-called partners for Peace Program.
  Under the aegis of this program, applicants would negotiate 
agreements with NATO Headquarters, agreements which would allow them to 
undertake a variety of cooperative undertakings with NATO's Armed 
forces, the exact nature of these undertakings varying with the 
capabilities of the different applicants.
  The Partners for Peace initiative does not, contrary to many 
commentators, contradict the need to expand NATO. To the contrary, in 
issuing the invitation to join the initiative, NATO leaders 
specifically stated and reserved to themselves the right to expand the 
alliance's membership.
  I would like to say to my colleagues who, like me, support alliance 
expansion that we should support Partners for Peace. Any NATO expansion 
initiative which permits three of four Central European nations to 
enter the alliance will leave several disappointed, rejected 
governments in Eastern Europe. Consequently, any initiative to expand 
NATO into Central Europe will have to be accompanied by some sort of 
NATO outreach program in Eastern Europe.
  That program would demonstrate that, while some states are regarded 
as unready for full NATO membership, the alliance wishes to cooperate 
with them and to assist them in their endeavors to consolidate their 
democracies. Partners for Peace is such a program. In my opinion, if 
handled properly, it can provide that broad context within which a 
narrower, prudent expansion of NATO can take place.
  My colleague, Congressman Hyde, and I are introducing our bill 
because we both believe that the serious work which will stem from the 
Partners for Peace initiative has not yet been undertaken. Now it is 
time to put some flesh on the bare bones of this initiative.
  Most notably, the Clinton administration has made no effort to 
establish the relationship between Partners for Peace and alliance 
expansion. What criteria should applicants be expected to meet, what 
milestones should they pass, under the aegis of this program, that will 
make them eligible for full alliance membership? If Partners for Peace 
is to live up to its potential, these questions must be answered.
  Consequently, the bill which Congressman Hyde and I are introducing 
calls upon the Clinton administration to initiate a fleshing out of 
Partners for Peace, one which will lay down clear criteria of alliance 
expansion and thereby clarify the path which those who seek membership 
in the alliance must take.
  Mr. President, when the Partners for Peace proposal was first aired, 
there were allegations both that the Clinton administration had 
formulated the initiative simply in order to sidestep the alliance 
expansion issue and that it had resolved to make that sidestep maneuver 
because the Russian Government was opposed to NATO expanding into 
Central Europe. I sincerely hope that these allegations are false. NATO 
policy should be made in Washington, DC, and in the other 15 alliance 
capitals.
  That policy cannot and should not be made in Moscow. The Russian 
authorities have absolutely no right to aspire to a zone of influence 
in Central Europe. The governments of that region are sovereign 
entities, signatories to the Helsinki Final Act of the Conference on 
Security and Cooperation in Europe and, as such, they have the right to 
join any alliance or international organization they wish, free from 
external pressure.
  If the Clinton administration did think that Partners for Peace would 
allow it to sidestep the expansion question, it was mistaken. Those 
nations who wish to join NATO genuinely feel that they need alliance 
membership and they will continue to press their applications. We will 
be able to test the administration's commitment to NATO by seeing how 
it responds to this initiative.
  If it is not fully committed it will allow the matter to languish and 
it will put little U.S. effort into making Partners for Peace a going 
concern. If, on the other hand, it is committed, it will build on the 
initiative, playing a leading role in cooperative military undertakings 
with Partners for Peace members while, simultaneously, telling us all 
how the initiative relates to NATO expansion and how it can be sued to 
facilitate the entry into the alliance of those nations who can 
legitimately aspire to alliance membership.
  Mr. President, no American, I am sure, wishes to repeat the 
experience we have undergone twice this century; no one wishes to fight 
another war in Europe. But the history of the last 40 years has clearly 
demonstrated that conflict is best avoided if would-be aggressors are 
deterred rather than ignored. NATO stood together and deterred the 
Soviet Union from launching its long-planned invasion of Western 
Europe.
  Surely, we now must recraft NATO so that it can deter the host of 
lesser, but nonetheless serious, threats to stability and to our 
interests in Europe. Thus the peace can be kept and conflict of the 
type we now see in Bosnia avoided. I sincerely believe that adoption of 
the Roth-Hyde-bill will constitute a useful step in this direction.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2108

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``NATO Revitalization Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) for over 40 years, the North Atlantic Treaty 
     Organization has helped guarantee the security, freedom, and 
     prosperity of the United States and our partners in the 
     alliance;
       (2) the North Atlantic Treaty Organization has expanded its 
     membership on 3 different occasions since its founding in 
     1949;
       (3) the steadfast and sustained commitment of the member 
     countries of the North Atlantic Treaty Organization to mutual 
     defense against the threat of communist domination played a 
     significant role in precipitating the collapse of the Iron 
     Curtain and the demise of the Soviet Union;
       (4) in the place of that threat, new security threats are 
     emerging to the shared interests of the member countries of 
     the North Atlantic Treaty Organization;
       (5) although these new threats are more geographically and 
     functionally diverse and less predictable, they still imperil 
     shared interests of the United States and our North Atlantic 
     Treaty Organization allies;
       (6) Western interests must be protected on a cooperative 
     basis without an undue burden falling upon the United States;
       (7) the North Atlantic Treaty Organization is the only 
     multilateral organization that is capable of conducting 
     effective military operations to protect Western interests;
       (8) the valuable experience gained from ongoing military 
     cooperation within the North Atlantic Treaty Organization was 
     critical to the success of joint military operations in the 
     1991 liberation of Kuwait;
       (9) the North Atlantic Treaty Organization is an important 
     diplomatic forum for discussion of issues of concern to its 
     member states and for the peaceful resolution of disputes;
       (10) admission of Central and East European countries that 
     have recently been freed from Communist domination to the 
     North Atlantic Treaty Organization could contribute to 
     international peace and enhance the security of those 
     countries;
       (11) a number of countries, including the Visegrad 
     countries (the Czech Republic, Hungary, Poland, and Slovakia) 
     and the Baltic states (Estonia, Latvia, and Lithuania), have 
     expressed interest in North Atlantic Treaty Organization 
     membership; and
       (12) in recognition of this interest, the ``Partnership for 
     Peace'' proposal offers limited military cooperation to many 
     European countries not currently members of the North 
     Atlantic Treaty Organization, without establishing benchmarks 
     or guidelines for eventual North Atlantic Treaty Organization 
     membership.

     SEC. 3. UNITED STATES POLICY.

       It should be the policy of the United States--
       (1) to continue our commitment to and active leadership 
     role in the North Atlantic Treaty Organization;
       (2) to join with our North Atlantic Treaty Organization 
     allies to redefine the role of the alliance in the post-Cold 
     War world, taking into account--
       (A) the fundamentally changed security environment of 
     Central and Eastern Europe,
       (B) the need to assure all countries of the defensive 
     nature of the alliance and the desire of its members to work 
     cooperatively with all former adversaries,
       (C) the emerging security threats posed by the 
     proliferation of nuclear, chemical, and biological weapons of 
     mass destruction and the means to deliver them,
       (D) the continuing challenges to the interests of all North 
     Atlantic Treaty Organization member countries posed by 
     unstable and undemocratic regimes harboring hostile 
     intentions, and
       (E) the dependence of the global economy on a stable energy 
     supply and the free flow of commerce;
       (3) to urge the North Atlantic Treaty Organization to 
     support the eventual expansion of alliance membership to 
     European countries that meet appropriate standards, 
     including--
       (A) shared values and interests,
       (B) democratic governments,
       (C) free market economies,
       (D) civilian control of the military,
       (E) adherence to the values, principles, and political 
     commitments embodied in the Helsinki Final Act of the 
     Conference on Security and Cooperation in Europe, and
       (F) commitment to further the principles of the North 
     Atlantic Treaty Organization and to contribute to the 
     security of the North Atlantic area;
       (4) to urge the North Atlantic Treaty Organization--
       (A) to extend membership to countries that meet the 
     standards set forth by the North Atlantic Treaty 
     Organization, and
       (B) to establish benchmarks and a timetable for eventual 
     membership for selected countries in transition; and
       (5) to affirm that North Atlantic Treaty Organization 
     military planning should include joint military operations 
     beyond the geographic bounds of the alliance under Article 4 
     of the North Atlantic Treaty when the shared interests of the 
     United States and other member countries require such action 
     to defend vital interests.
                                 ______

      By Mr. HOLLINGS (for himself, Mr. Danforth, Mr. Rockefeller, Mr. 
        Burns, Mr. Inouye, Mr. Packwood, Mr. Ford, Mr. Pressler, Mr. 
        Breaux, Mr. Bryan, Mr. Robb, Mr. Dorgan, Mr. Glenn, Mr. 
        Bennett, Ms. Mikulski, Mr. Heflin, Mr. Shelby, Mrs. Feinstein, 
        Mr. Murkowski, and Mr. Jeffords):
  S.J. Res. 187. A joint resolution designating July 16 through July 
24, 1994, as ``National Apollo Anniversary Observance''; to the 
Committee on the Judiciary.


                 national apollo anniversary observance

 Mr. HOLLINGS. Mr. President, this year marks the 25th 
anniversary of the historic Apollo 11 mission to the Moon. As chairman 
of the Committee on Commerce, Science, and Transportation, I am today 
introducing legislation to designate July 16-24, 1994, as ``National 
Apollo Anniversary Observance.'' I would note that Congressman Mineta 
is introducing a companion resolution in the House of Representatives.
  On July 16, 1969, America sent astronauts Neil Armstrong, Edwin 
(Buzz) Aldrin, Jr., and Michael Collins on a phenomenal voyage to the 
Moon. The world watched as these explorers traveled over 238,700 miles 
from the Earth to set foot on the surface of another world.
  The mission to the Moon began in May 1961, when President Kennedy 
challenged the Nation to place a person on the Moon, and ensure the 
astronaut's safe return, by the end of the decade. With the flight of 
Apollo 11, the Nation accomplished this goal. On July 20, 1969, Neil 
Armstrong and Buzz Aldrin became the first humans to step onto the 
surface of the Moon while command module pilot Michael Collins orbited 
above.
  As Michael Collins stated later in an address to a joint session of 
Congress,

       We have taken to the moon the wealth of this Nation, the 
     vision of its political leaders, the intelligence of its 
     scientists, the dedication of its engineers, and careful 
     craftsmanship of its workers and the enthusiastic support of 
     its people.
       We have brought back rocks, and I think it's a fair trade. 
     For just as the Rosetta Stone revealed the language of 
     ancient Egypt, so may these rocks unlock the mystery of the 
     origin of the moon and indeed, even of our Earth and solar 
     system.

  The Apollo 11 mission to the Moon is one of the greatest achievements 
of our century. The Apollo 11 mission and subsequent missions to the 
Moon brought us closer to understanding the Earth and its relationship 
to other celestial bodies. It continues to inspire awe and wonderment, 
touching all cultures and each generation. The Apollo 11 mission not 
only opened the door to the future of human space flight, it broadened 
our perceptions of the human potential.
  I encourage my colleagues to join me in cosponsoring this legislation 
to commemorate the 25th anniversary of our Nation's historic voyage to 
the Moon. I ask that the National Apollo Anniversary Observation joint 
resolution be reprinted in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                             S.J. Res. 187

       Whereas President Kennedy in 1961 called upon the United 
     States to face the challenge of those extraordinary times by 
     sending a mission to the Moon;
       Whereas the United States Government, the National 
     Aeronautics and Space Administration, and the American people 
     committed great resources time, and human labor within one 
     decade to span the 238,700 miles between the Earth and the 
     Moon;
       Whereas the United States rose to the challenge and 
     formulated the Apollo missions culminating in the liftoff on 
     July 16, 1969, of the Apollo 11 Mission to the Moon;
       Whereas 25 years ago astronaut Neil Armstrong, with the 
     help of Colonel Edwin (Buzz) Aldrin, Jr. (USAF) and 
     Lieutenant Colonel Michael Collins (USAF), took that first 
     significant step and became the first human to set foot on 
     the surface of another world;
       Whereas that small step furthered the development of space 
     technology for the lasting benefit of all mankind; and
       Whereas such an event united the world and our many 
     cultures for a brief moment under the flag of peaceful 
     exploration: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That July 16, 
     1994, through July 24, 1994, is designated as ``National 
     Apollo Anniversary Observance'', and the President is 
     authorized and requested to issue a proclamation calling on 
     the people of the United States to observe such period with 
     appropriate ceremonies and activities. 

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