[Congressional Record Volume 140, Number 75 (Wednesday, June 15, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. STEVENS (for himself, Mr. Murkowski, and Mr. Gorton):
  S. 2191. A bill to amend the Fishermen's Protective Act of 1967 to 
permit reimbursement of fishermen who must pay in advance what the 
United States considers an illegal fee to navigate waters; to the 
Committee on Commerce, Science, and Transportation.


            the fishermen's protective act amendment of 1994

  Mr. STEVENS. Mr. President, Canada has announced a $1,500 license fee 
for United States fishermen to transit through the Inside Passage off 
the Pacific coast of Canada. This action is a clear violation of 
international law, including the U.N. Conventions on the Law of the 
Sea. Senator Murkowski, Senator Gorton, and I are introducing this bill 
to amend the Fishermen's Protective Act of 1967 to allow United States 
fishermen to be reimbursed if they pay this illegal Canadian fee in 
advance.
  The Fishermen's Protective Act of 1967 provides for the reimbursement 
of fees paid by U.S. fishermen to secure the release of a vessel which 
has been seized. The act does not, however, allow fishermen to be 
reimbursed for fees paid in advance to avoid seizure. United States 
fishermen whose boats are seized for failure to pay this illegal fee 
will face significant expense and delay because the fee may only be 
paid in two ports on the Pacific coast of Canada, which means that they 
will have to travel from the point of seizure to those ports.
  The bill we are introducing today--the Fishermen's Protective Act 
Amendment of 1994--would allow U.S. fishing vessel owners to be 
reimbursed for fees paid in advance to a foreign government to avoid 
seizure. The fees would be reimbursable if the United States considers 
the foreign government's fee to be inconsistent with international law. 
Because the State Department now agrees with my analysis that the 
Canadian fee violates international law, our fishermen would be 
reimbursed under this bill.
  We need to act quickly to pass the amendment. Fishermen who cannot 
afford to pay the Canadian fee, and whose safety depends on access to 
the sheltered Inside Passage off British Columbia, need our immediate 
help. I hope that other Members will join in cosponsoring this bill to 
reimburse United States fishermen who are forced to pay this illegal 
Canadian fee.
                                 ______

      By Mr. BENNETT (for himself, Mr. Sasser, Mrs. Feinstein, Mr. 
        Wofford, Ms. Moseley-Braun, Mr. Domenici, Mr. Faircloth, Mr. 
        Specter, Mr. Simon, Mrs. Boxer, Mr. Kennedy, and Mr. Bond):
  S. 2192. A bill to amend the Securities Exchange Act of 1934 with 
respect to the extension of unlisted trading privileges for corporate 
securities, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.


              the unlisted trading privileges act of 1994

 Mr. BENNETT. Madam President, I introduce a small but 
important piece of legislation: the Unlisted Trading Privileges Act of 
1994. This bill bears testimony to the fact that when the Government 
and the private sector work together, we can produce positive, helpful 
legislation. The Unlisted Trading Privileges Act strikes at the heart 
of two issues that I promised my constituents I would address when I 
came to represent them in Washington, DC--regulatory relief and capital 
formation.
  I am pleased to take a moment to clarify the background and intent of 
this legislation which reforms a procedure that has been in place since 
1934 and has stifled competition in the sales of initial public 
offerings. I would like to take a moment to pause and thank the parties 
that have been involved in creating what I believe to be a singularly 
well crafted piece of legislation. Through the long and dedicated work 
of the New York Stock Exchange, the Securities and Exchange Commission, 
and the Regional Stock Exchanges, the Philadelphia, Chicago, Boston, 
and Pacific, we were able to create a bill that is acceptable to all of 
them. In this regard I would like to give special thanks to SEC 
Chairman, Arthur Levitt whose staff reflects his strong commitment to 
honor his Commission's mandate to, in his own words, ``see to it that 
competition works not just for the benefit of a particular institution, 
but protects the interests of the investor.''
  Through many months of hard work, and over 20 different drafts of 
this legislation, the Securities and Exchange Commission worked in 
conjunction with a bipartisan congressional staff and the 
representatives of the New York Stock Exchange and the Regional Stock 
Exchanges to create a bill which will remove outdated regulatory 
barriers which currently prevent an open and more liquid market by 
giving the SEC the authority level the playing field in the sale of 
securities.
  This bill will amend section 12(f)(1) of the Securities and Exchange 
Act of 1934 to revise the conditions under which exchanges extend 
unlisted trading privileges to most registered securities, a procedure 
which can often take many weeks under the current system, with 
absolutely no benefit gained by anyone associated with the transaction. 
The new section 12(f)(1) will enhance the opportunity for competition 
among exchanges by removing regulatory delays caused by exchange 
application, notice, and Commission approval requirements.
  The maintenance of orderly markets is the central issue contained in 
this legislation. This bill charges the SEC with the creation of such 
regulations as are appropriate to allow the earliest possible national 
trading of a security, while maintaining fair and orderly markets and 
protecting investors and the public interest.

  Since its inception it has been the SEC's mission to foster 
competition in the marketplace and eliminate all exchange rules and 
procedures that impose unnecessary burdens on the creation of 
competition. It is in the spirit that this bill allows every attempt to 
expose orders and order flow to the best existing market at the 
earliest possible time.
  The current procedure inhibits some markets from effectively entering 
the competition. It causes decisions regarding the direction of order 
flow to be made without the benefit of the best suited market. And 
while, once made, the order flow decisions can be changed, the damage 
will have been done in the first few days of trading when the volume is 
historically at its peak.
  In the end, it is the public/customer who is at risk in having orders 
exposed to trade in markets that are not as competitive as they could 
otherwise be. By allowing all markets to compete effectively, at the 
earliest possible time, the public/customer has more opportunity to 
receive the best price in his trades.
  The current rules impair the ability of the regional specialists to 
compete in a timely fashion. They also cost nonmembers of the primary 
markets the added expense of executing their orders. All of this is 
contrary to the progress that has been made so far toward the 
development of a national market system.
  My bill will accomplish three basic goals. First, it improves 
liquidity in the markets by allowing greater access to floors on which 
each stock can be traded. Second, it creates five specialists in each 
stock issue instead of one. Finally, it increases competition in per-
share pricing for brokers and therefore creates a more competitive 
environment in which brokers can pass savings on to their 
customers.
  Mr. MURKOWSKI. Mr. President, earlier today, I joined with Senator 
Stevens and Senator Gorton in sponsoring a bill to amend the 
Fishermen's Protective Act of 1967. This bill would allow the Secretary 
of State to reimburse fishermen who are, as a consequence of Canadian 
action, now forced to pay a transit fee for moving fishing vessels 
through the inland passage of British Columbia, that portion of Canada 
on the West Coast that separates the Puget Sound area in the State of 
Washington and southeastern Alaska.
  It is the opinion of the Senator from Alaska that this action is 
illegal and discriminatory.
  Mr. President, as you may or may not know, Canada, as of yesterday, 
required an $1,100 fishing vessel transit license for United States 
fishing vessels engaged in innocent passage through Canadian waters. 
The Canadian action was taken to try and force the United States to 
agree on a Canadian fisheries proposal that would be contrary to the 
best interests of our Nation and, again, in the opinion of the Senator 
from Alaska, this is a flagrant discriminatory violation of 
international law and serves only to discourage rational debate on 
important conservation issues.
  I have called for strong reaction by the United States Government, 
our State Department, including, if necessary, the use of the United 
States Coast Guard, to protect American fishing vessels transiting that 
area.
  Let me note that I do not like the idea of our Government agreeing to 
this type of an outrageous charge which is, as I have said, a challenge 
to the free flow of navigation, traditionally in waters that have 
always enjoyed access by U.S. fishing vessels.
  Such a fee is strictly illegal, as I have said, and I am confident 
that Canada is going to have to ultimately accept this fact and will be 
required under law to reimburse any person who is forced to pay it. 
However, the important thing right now is to avoid disruptions in our 
U.S. fisheries. I recognize as well that the United States Government 
is in a better position, perhaps, to recover these inappropriate 
charges from the Government of Canada than are the individual 
fishermen. Hence, the amendment of the Fishermen's Protective Act of 
1967 which, as I indicated earlier, has been introduced earlier today 
by my colleague Senator Stevens and Senator Gorton.
  This amendment to the bill would allow for the Government of the 
United States to bear the responsibility if, indeed, a U.S. vessel is 
stopped from entering Canadian waters and seized or otherwise issued a 
violation.
  So it would put our Government as the intermediary, if you will, Mr. 
President, between the actions of the Canadian Government and our 
individual fishermen rather than our Government, and I think it is 
appropriate that this action be taken on the basis which I have 
outlined because clearly it puts a government-to-government negotiation 
where it belongs to resolve this unfortunate action taken by the 
Government of Canada.
  Now, the main goal of the Canadian strategy is to attempt to limit 
negotiations on the Pacific Salmon Treaty. It has announced it will 
begin taking a series of steps that will be, in the words of the 
Canadian Minister of Fisheries, to the advantage of Canada and United 
States disadvantage.
  I would hope, Mr. President, that the Canadian Fisheries Minister 
will reconsider that statement if, indeed, that is his statement 
because clearly this matter can only be resolved by negotiations at an 
appropriate level and not by taking unilateral actions such as have 
been taken.
  Further and finally, the transit license to which this bill responds, 
as I have indicated, is a violation of international law which protects 
the right of innocent passage. It very well could endanger the lives of 
Americans who would, if barred from sheltered waters of inside passage, 
have to take their small boats into rough, unpredictable and dangerous 
open ocean around Vancouver Island.
  So for that reason the bill has been amended. I would call on my 
colleagues for their support and again repeat my call on Canada to 
abandon its efforts to coerce an agreement from the United States. If 
Canada wants an agreement, it must return to the bargaining table and 
negotiate in a responsible manner government to government.
  I thank the Chair. I yield the floor.
                                 ______

      By Mrs. MURRAY (for herself and Mr. Gorton):
  S. 2193. A bill to amend the Fishermen's Protective Act of 1967 to 
require the Secretary of State to reimburse owners of certain fishing 
vessels for certain fees paid by such owners to governments of foreign 
countries, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


                     the fishermen's protective act

  Mrs. MURRAY. Mr. President, we have a wild salmon crisis in the 
Pacific Northwest. Not only are we facing declining wild salmon stocks, 
and an emergency closure of salmon fishing off of the Pacific Coast due 
to El Nino, we also are facing a breakdown in negotiations with Canada 
over the Pacific Salmon Treaty.
  As a result of this impasse in the negotiations, the Canadians 
announced last week that they would start collecting a fee from United 
States fishing boats sailing through the Inside Passage off the west 
coast of British Columbia. As of midnight last night, all commercial 
United States fishing boats sailing through Canadian waters will now 
have to pay about $1,100 each way.
  The State Department has said they believe the fee is illegal. 
However, while the legal issues are debated, United States commercial 
fishing boats will be required to stop and pay the fee before sailing 
through the Inside Passage. I am introducing a bill today to help 
provide relief to these commercial fishing boat owners.
  Mr. President, many of the fishing boats traveling through the Inside 
Passage are from my home State of Washington. The fishers have families 
depending on their ability to catch fish for their livelihoods. It is 
not fair that they should be fined for trying to make a living. They 
did not break off the negotiations, and they should not have to pay.
  The Bellingham Herald reported yesterday that one Washington State 
skipper sold 8,500 pounds of halibut in Canada, so he could head back 
to Alaska without paying $1,100 to leave Canadian waters. He had 
intended to sell the fish to his long-time customers in the Bellingham 
area--something he has been doing for the past 10 years. He told the 
newspaper that he was afraid the situation was deteriorating and he did 
not want to get caught up in a struggle between the two countries. He 
was afraid he would lose a week of sockeye fishing if he risked going 
back to Washington State, and then was unable to get back through 
Canada.
  Mr. President, it certainly is not a good message to send to 
hardworking people in my home State, that the United States and Canada 
cannot agree on fish policy.
  Our commercial fishers need to know that there is some immediate 
relief, and they need to know that the Clinton administration 
understands the importance of this issue to people in the Pacific 
Northwest and in my state. I plan to do two specific things in this 
regard:
  First, I am introducing a bill that will provide relief to commercial 
fishermen. I am committed to working with my colleagues in both Houses 
of Congress to move this bill through the process as quickly as 
possible. The bill amends the Fishermen's Protective Act to allow the 
United States Government to reimburse fishing boat owners who pay fees 
to Canada under protest. In turn, the United States Government will 
recover the fees from Canada when the treaty negotiations resume. This 
seems to be the first short-term solution to a larger problem.
  I do not believe we should punish fishermen--many of whom come from 
Seattle, Port Angeles, Bellingham, Everett, and other Washington State 
cities along the coast.
  Second, I believe it is time to move this issue to a higher level. I 
have asked for a meeting with Vice President Gore on this issue, 
because I firmly believe this issue should be on the front burner in 
the Clinton administration. If we are to come to agreement with Canada 
on the Pacific Salmon Treaty, it may have to be done on the President 
to Prime Minister level.
  Mr. President, we do not want a fish war or a boat war with Canada. 
What we really need is for all parties to come back to the negotiating 
table, so they can come to an agreement. Charging the fishermen who 
travel through the Inside Passage is not going to solve the larger 
problem.
  I am aware that a similar bill was introduced today by several of my 
colleagues from the Pacific Northwest and Alaska. The only real 
difference in the bills is that my bill does not include findings which 
lay blame on Canada. This is not the time to point fingers at each 
other. The most important thing now is for the parties to return to the 
bargaining table and conclude an agreement. I will continue to work 
with my colleagues to achieve that goal.
  I ask unanimous consent that my bill as introduced be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2193

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

     SECTION 1. REIMBURSEMENT AND RECOVERY OF FEES.

       (a) In General.--The Fishermen's Protective Act of 1967 (22 
     U.S.C. 1971 et seq.) is amended by adding at the end the 
     following new section:
       ``Sec. 11. (a) Subject to subsection (c), the Secretary of 
     State shall reimburse an owner of a commercial fishing vessel 
     of the United States for the amount of any fee described in 
     subsection (b) that is collected from the owner.
       ``(b) Subsection (a) applies to any fee collected from an 
     owner of a vessel referred to in that subsection by the 
     government of a foreign country in order to permit the vessel 
     to navigate in waters of the country that connect with waters 
     of the United States if--
       ``(1) the owner pays the fee under protest; and
       ``(2) the Secretary determines that the collection of the 
     fee is contrary to applicable international law.
       ``(c)(1) An owner of a commercial fishing vessel seeking 
     reimbursement for the amount of a fee under this section 
     shall submit to the Secretary a request for reimbursement of 
     the amount of the fee.
       (2) The request shall include any information with respect 
     to the payment of the fee that the Secretary determines 
     appropriate, including--
       ``(A) a copy of the receipt indicating payment of the fee; 
     and
       ``(B) an affidavit attesting that the owner paid the fee 
     under protest.
       ``(3) The owner shall submit the request not later than 90 
     days after the payment of the fee.
       ``(d) The Secretary shall take any actions that the 
     Secretary considers appropriate in order to recover from a 
     foreign country the amount of any reimbursement made by the 
     Secretary under this section with respect to a fee collected 
     by that country.
       ``(e) For purposes of this section--
       ``(1) The term `commercial fishing vessel of the United 
     States' means any vessel of the United States engaged in 
     commercial fishing activities or operations.
       ``(2) The term `owner', in the case of a commercial fishing 
     vessel, includes any charterer of the vessel.''.
       (b) Effective Date.--(1) The amendment made by subsection 
     (a) shall take effect on June 15, 1994.
       (2) An owner of a commercial fishing vessel who pays a fee 
     referred to in subsection (b) of section 11 of the 
     Fishermen's Protective Act of 1967, as added by subsection 
     (a), during the period beginning on June 15, 1994, and ending 
     on the date of the enactment of this Act shall submit to the 
     Secretary of State a request for reimbursement for the fee 
     under such section 11 not later than 90 days after the date 
     of the enactment of this Act.
                                 ______

      By Ms. MIKULSKI (for herself, Mr. Reid, Ms. Moseley-Braun, Mr. 
        Lieberman, Mr. Grassley, and Mr. Sarbanes):
  S. 2194. A bill to require the Architect of the Capitol to establish 
and maintain a comprehensive personnel management system, and for other 
purposes; to the Committee on Government Affairs.


              Architect of the Capitol Human Resources Act

 Ms. MIKULSKI. Mr. President, I introduce the Architect of the 
Capitol Human Resources Act. Introducing this legislation with me today 
as cosponsors are Senators Reid, Moseley-Braun, Lieberman, Grassley, 
and Sarbanes. This legislation is also being introduced today in the 
House of Representatives by Congresswoman Norton along with her 
cosponsors Representatives Mfume and Wynn.
  The Architect of the Capitol employs 2,300 employees who maintain our 
buildings and our grounds. For years these employees have complained to 
me and to others about the appalling conditions--truly a plantation 
mentality--under which they must work.
  I want to relate a story, Mr. President. We will never forget the 
week in the spring of 1992 when riots swept Los Angeles following the 
verdict in the Rodney King beating trial. That week, a very agitated 
member of the Senate plumbing shop came to see me in my office. He told 
me that when he reported to work, he found a hangman's noose in the 
locker room. When he reported it to his supervisor, he was told that 
``some of the guys'' were joking around. Several days later, another 
hangman's noose was found in the Senate paint shop.
  Other employees have told me and my staff of working 23 years with no 
promotion or opportunity for promotion, of employees being sexually and 
racially harassed, and of a climate of fear.
  I have heard from many employees who seek to be promoted based on 
merit and their job performance, but have not been able to do so 
because the Architect's office doesn't operate that way, they say. They 
say you get promoted only if you are friends with the supervisor or if 
you have accrued a lot of unused vacation and sick leave. What kind of 
standard is this for promotions?
  Many are the employees who have shared their stories to me. And, I 
have heard some terrible stories.
  Employees tell me that when they go to see their supervisor to tell 
him there's a problem, they're told: You're the problem. And because 
you're the problem, we're going to make sure you never create more 
problems. And by doing that, we're going to make sure no other employee 
ever creates a problem again. Because of reports like these, of a 
racially charged atmosphere, a hostile working environment and a work 
force in fear of reprisal, I asked the General Accounting Office to 
review the Architect's operations.
  On Friday, April 29, the GAO issued its report on the Architect of 
the Capitol's personnel system. I have read that report, and, I've made 
it clear that I am appalled at GAO's findings.
  I have appreciated GAO's continuing assistance with the drafting of 
this legislation. I'm pleased that this legislation will address each 
of the shortcomings identified in the GAO's report.
  This legislation requires the Architect to establish and maintain a 
personnel management system that: ensures that hiring, promotions, and 
assignments will be based on merit and fitness and will include open 
competition for all employees; creates a formal performance job 
evaluation system based on objective criteria--something which these 
2,300 employees do not have now; establishing an equal opportunity 
program that ensures an affirmative employment program for employees 
and applicants; creates a solid training program for Architect 
employees to increase opportunities for employee advancement; and gives 
all Architect employees the ability to appeal their complaints to the 
General Accounting Office Personnel Appeals Board. This provides the 
fair and independent grievance procedure now lacking in the Architect's 
operations.
  Let me make it clear for the benefit of those who don't know, exactly 
who the Architect of the Capitol is, and what the office of the 
Architect of the Capitol does.
  Mr. George White is the Architect. He has held this position for the 
last 23 years. As the Architect, Mr. White oversees a work force of 
approximately 2,300 people.
  The Architect's responsibilities are to maintain the structural and 
mechanical aspects of the U.S. Capitol Buildings and Grounds, 
including: the U.S. Senate and House of Representatives, Library of 
Congress, and Supreme Court buildings, and the Capitol Power Plant; 825 
of the 2,000 employees work at various Senate facilities and 90 percent 
of them are blue-collar workers. These employees perform very labor 
intensive work, including food service, general cleaning, upholstering, 
painting, carpentry, and repair work.
  So, let's be clear. The Architect of the Capitol is not a man sitting 
in the Capitol Building, with a staff of two, drawing pictures. He runs 
a large and important organization. The Architect is responsible for 
the smooth operation of congressional buildings and maintenance of its 
grounds and the 2,300 employees that do the actual work.
  Although the Architect's Office recently stated that it recognizes 
the deficiencies in its system and is attempting to make some 
modifications, this isn't something that last minute changes can fix. 
Every change implemented by the Architect has come within the last 2 
years in response to pressure from me, from GAO and from other Members 
of Congress. And this Architect has been on the job since 1971.
  Because I am a Senator from Maryland, many of the blue-collar workers 
at the Capitol have come to me, Congresswoman Norton, and Congressman 
Al Wynn telling us their stories. Every day, I continue to hear from 
them. I have become the EEO office for the Architect of the Capitol.
  Mr. President, that isn't my job.
  It is clear to me that only through this legislation will the 
Congress--and these employees who have struggled for so long to 
maintain their dignity--achieve the systemic change which must occur.
  We introduce this bill today because these employees have suffered 
long enough. It is time we act to implement the same basic, fundamental 
management principles that any large organization should have in place. 
This legislation will--finally--bring the Architect of the Capitol into 
the 1990's. And I mean the 1990's, not the 1890's.
  I ask unanimous consent that the text of the legislation appear in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2194

       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 ``Architect of the Capitol 
     Human Resources Act''.

     SEC. 2. FINDING AND PURPOSE.

       (a) Finding.--The Congress finds that the Office of the 
     Architect of the Capitol has not kept pace with human 
     resource management practices common among other Federal and 
     private sector organizations.
       (b) Purpose.--It is the purpose of this Act to require the 
     Architect of the Capitol to establish and maintain a 
     personnel management system that incorporates fundamental 
     principles that exist in other modern personnel systems.

     SEC. 3. PERSONNEL MANAGEMENT SYSTEM.

       (a) Establishment.--The Architect of the Capitol shall 
     establish and maintain a personnel management system.
       (b) Requirements.--The personnel management system shall at 
     a minimum include the following:
       (1) A system which ensures that applicants for employment 
     and employees of the Architect of the Capitol are appointed, 
     promoted, and assigned on the basis of merit and fitness 
     after fair and equitable consideration of all applicants and 
     employees through open competition.
       (2) An equal employment opportunity program which includes 
     an affirmative employment program for employees and 
     applicants for employment, and procedures for monitoring 
     progress by the Architect of the Capitol in ensuring a 
     workforce reflective of the diverse labor force.
       (3) A system for the classification of positions which 
     takes into account the difficulty, responsibility, and 
     qualification requirements of the work performed, and which 
     conforms to the principle of equal pay for substantially 
     equal work.
       (4) A program for the training of Architect of the Capitol 
     employees which has among its goals improved employee 
     performance and opportunities for employee advancement.
       (5) A formal performance appraisal system which will permit 
     the accurate evaluation of job performance on the basis of 
     objective criteria for all Architect of the Capitol 
     employees.
       (6) A fair and equitable system to address unacceptable 
     conduct and performance by Architect of the Capitol 
     employees, including a general statement of violations, 
     sanctions, and procedures which shall be made known to all 
     employees, and a formal grievance procedure.
       (7) A program to provide services to deal with mental 
     health, alcohol abuse, drug abuse, and other employee 
     problems, and which ensures employee confidentiality.
       (8) A formal policy statement regarding the use and accrual 
     of sick and annual leave which shall be made known to all 
     employees, and which is consistent with the other 
     requirements of this section.

     SEC. 4. IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM.

       (a) Development of Plan.--The Architect of the Capitol 
     shall--
       (1) develop a plan for the establishment and maintenance of 
     a personnel management system designed to achieve the 
     requirements of section 3;
       (2) submit the plan to the Congress not later than 90 days 
     after the date of enactment of this Act; and
       (3) implement the plan not earlier than 30 days and not 
     later than 90 days after the plan is submitted to the 
     Congress, as specified in paragraph (2).
       (b) Evaluation and Reporting.--The Architect of the Capitol 
     shall develop a system of oversight and evaluation to ensure 
     that the personnel management system of the Architect of the 
     Capitol achieves the requirements of section 3 and complies 
     with all other relevant laws, rules and regulations. The 
     Architect of the Capitol shall report to the Congress on an 
     annual basis the results of its evaluation under this 
     subsection.
       (c) Application of Laws.--Nothing in this Act shall be 
     construed to alter or supersede any other provision of law 
     otherwise applicable to the Architect of the Capitol or its 
     employees, unless expressly provided in this Act.

     SEC. 5. DISCRIMINATION COMPLAINT PROCESSING.

       (a) Definitions.--For purposes of this section:
       (1) The term ``employee of the Architect of the Capitol'' 
     or ``employee'' means--
       (A) any employee of the Architect of the Capitol;
       (B) any applicant for a position that is to be occupied by 
     an individual described in subparagraph (A); or
       (C) any individual who was formerly an employee described 
     in subparagraph (A) and whose claim of a violation arises out 
     of the individual's employment with the Architect of the 
     Capitol.
       (2) The term ``violation'' means a practice that violates 
     subsection (b) of this section.
       (b) Discriminatory Practices Prohibited.--
       (1) In general.--All personnel actions affecting employees 
     of the Architect of the Capitol shall be made free from any 
     discrimination based on--
       (A) race, color, religion, sex, or national origin, within 
     the meaning of section 717 of the Civil Rights Act of 1964 
     (42 U.S.C. 2000e-16);
       (B) age, within the meaning of section 15 of the Age 
     Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
       (C) handicap or disability, within the meaning of section 
     501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
     sections 102 through 104 of the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12112-14).
       (2) Intimidation prohibited.--Any intimidation of, or 
     reprisal against, any employee by the Architect of the 
     Capitol, or by any employee of the Architect of the Capitol, 
     because of the exercise of a right under this section 
     constitutes an unlawful employment practice, which may be 
     remedied in the same manner as are other violations described 
     in paragraph (1).
       (c) Procedure for Consideration of Alleged Violations.--
       (1) General accounting office personnel appeals board.--(A) 
     Any employee of the Architect of the Capitol alleging a 
     violation of subsection (b) may file a charge with the 
     General Accounting Office Personnel Appeals Board in 
     accordance with the General Accounting Office Personnel Act 
     of 1980 (31 U.S.C. 751-55) and regulations of the Board. Such 
     a charge may be filed only after the employee has filed a 
     complaint with the Architect of the Capitol in accordance 
     with requirements prescribed by the Architect of the Capitol 
     and has exhausted all remedies pursuant to such requirements.
       (B) The Architect of the Capitol shall carry out any action 
     within its authority that the Board orders under section 4 of 
     the General Accounting Office Personnel Act of 1980 (31 
     U.S.C. 753).
       (C) The Architect of the Capitol shall reimburse the 
     General Accounting Office for costs incurred by the Board in 
     considering charges filed under this section.
       (2) General accounting office personnel appeals board or 
     office of senate fair employment practices.--An employee of 
     the Architect of the Capitol who is assigned to the Senate 
     Restaurants or to the Superintendent of the Senate Office 
     Buildings alleging a violation of subsection (b) may file a 
     charge pursuant to paragraph (1), or may elect to follow the 
     procedures outlined in the Government Employee Rights Act of 
     1991 (2 U.S.C. 1201 et seq.).
       (d) Amendments to the General Accounting Office Personnel 
     Act of 1980.--
       (1) Section 751(a)(1) of title 31, United States Code, 
     amended by inserting ``or Architect of the Capitol'' after 
     ``Office''.
       (2) Section 753(a) of title 31, United States Code, is 
     amended--
       (A) in paragraph (7) by striking ``and'' at the end of the 
     paragraph;
       (B) in paragraph (8) by striking the period and inserting 
     ``; and''; and
       (C) by inserting at the end thereof the following:
       ``(9) an action involving discrimination prohibited under 
     section 4(b) of the Architect of the Capitol Human Resources 
     Act.''
       (3) Section 755 of title 31, United States Code, is 
     amended--
       (A) in subsection (a) by striking the ``or (7)'' and 
     inserting ``, (7), or (9)''; and
       (B) in subsection (b) by striking ``or applicant for 
     employment'' and inserting ``applicant for employment, or 
     employee of the Architect of the Capitol''.
                                 ______

      By Mr. INOUYE:
  S. 2195. A bill to direct the Federal Communications Commission to 
require the reservation, for public uses, of capacity on 
telecommunications networks, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.


     national public telecommunications infrastructure act of 1994

 Mr. INOUYE. Mr. President, today, I am pleased to introduce 
the National Public Telecommunications Infrastructure Act of 1994.
  Congress has a longstanding policy of facilitating access for the 
delivery of public telecommunications services. The legislation I am 
introducing today will bring Congress' public access policy under a 
consistent framework, and apply it uniformly to communications 
technologies that will make up our Nation's telecommunications system.
  The opportunities that will emerge from connecting all Americans to 
one system of interconnected communications media are extraordinary. 
This legislation provides a framework for accomplishing those goals.
  The legislation, among other things, will ensure that all citizens of 
the United States have access to noncommercial, governmental, 
educational, informational, cultural, civic and charitable services 
through all appropriate telecommunications networks.
  It will facilitate widespread public and civic discourse on a range 
of concerns between and among all Americans and ensure that the 
greatest possible diversity of voices can be heard on the national 
information infrastructure [NII].
  The legislation will permit citizens to engage in interactive 
conversations with their elected officials; it will allow students and 
teachers to enteract with their libraries and schools; it will provide 
small town and rural residents, as well as low-income citizens, 
minorities and individuals with disabilities to access important 
information about their communities and the political process; and 
provide avenues for the creation of new applications for public and 
educational broadcasting services, particularly at the local level.
  Telecommunications networks have long benefited from their special 
access to public rights-of-way. The public benefits being conferred on 
builders and operators of the new information highway include new uses 
of public property and electromagnetic frequencies of various types and 
capacities, wires, fiber, and other forms of communication. There is no 
question that those who use these public rights-of-way can and should 
be required to confer appropriate benefits on the public in return.
  The National Public Telecommunications Infrastructure Act of 1994 
would require telecommunications networks that benefit from this 
special access to public rights-of-way to tender a benefit to the 
public--a public right-of-way on the information superhighway. More 
specifically, it would require those facilities to reserve up to 20 
percent of their capacity--to eligible entities for the provision of 
free educational, informational, cultural, civic, or charitable 
services to the public.
  Eligible entities would include State, local, and tribal governments, 
accredited educational institutions, public telecommunications 
entities, public and nonprofit libraries, and recognized nonprofit 
organizations specifically formed to provide public access to 
noncommercial educational, informational, cultural, civic, or 
charitable services.
  The bill would apply to those telecommunications networks that 
receive the benefit of public rights-of-way that provide the end user 
the opportunity to choose from a range of communications that are 
available contemporaneously and that are intended for the public. Such 
networks would include common carrier video platforms, cable television 
networks and direct broadcast satellite [DBS] systems. The bill, 
however, provides for a transition from the current public interest 
requirements that are embodied in the cable act's DBS set-aside, 
noncommercial must carry and public, educational, and governmental 
[PEG] use provisions to the new public right-of-way requirements.
  It is my intent that the legislation not apply to the commercial must 
carry requirements that are currently set forth in section 614 of the 
Communications Act, the Internet, point to point telephone 
communications that are not intended for the general public and 
terrestrial broadcast stations and networks.
  In order to ensure that capacity is reserved and that it is applied 
consistently throughout the Nation, the legislation would assert 
concurrent Federal jurisdiction over public rights-of-way used in 
providing telecommunications.
  The bill directs the Federal Communications Commission [FCC] to adopt 
regulations and guidelines which would require owners and operators of 
telecommunications networks to reserve capacity on their networks in 
accordance with the certain provisions. The legislation reburies the 
FCC to presume that 20 percent of the network capacity is appropriate, 
but allows the FCC to establish a lower or scaled amount based on 
considerations such as the type of technology used by the network and 
barriers to access. It also permits the FCC to reduce the amount of 
public capacity that a telecommunications network would be required to 
reserve if it finds that the capacity is likely to go unused.

  In addition, the owners and operators of the telecommunications 
networks would have no control over or liability for the content 
carried on the portion of the network reserved for public uses.
  The bill requires the FCC, in allocating the reserved capacity to 
establish block allocations to State and local governments for 
redistribution among eligible entities. The legislation directs the FCC 
to establish a public telecommunications infrastructure fund to support 
the eligible entities' use of reserved capacity and to implement it at 
the State, local, or tribal level.
  The bill provides for a sunset of the set-aside requirement when the 
FCC determines that a telecommunications network is fully open and that 
there are no economic and technological barriers to access. This 
provision makes it clear that the reservation of capacity is intended 
to be a transitional measure that becomes unnecessary once 
telecommunications networks are truly open and accessible.
  The principles incorporated in this bill are not new. They have deep 
roots in the history of America. Indeed, it is not uncommon for the 
Government to request something in exchange for allowing a private 
party the use of public property. For instance, when the Government was 
engaged in distributing public lands, it allocated portions for land 
grant colleges. When the Federal Government has granted right-of-way on 
public lands, it has on occasion required private users to make 
appropriate benefits available to the public as well. And when the 
Government allocated radio and television frequencies for commercial 
broadcasting, it set-aside certain channels for public radio and 
television stations and imposed obligations to serve the public 
interest. Indeed, approximately 30 percent of television channels were 
reserved for public television--benchmark which makes a set-aside of up 
to 20 percent for a much broader range of users modest by comparison.
  In the public telecommunications Act of 1992, Congress stated its 
intent that citizens be provided access to public telecommunications 
services through multiple telecommunications services. In adding 
section 396(a)(9) to the Communications Act, the Congress stated that:

       It is in the public interest for the Federal Government to 
     ensure that all citizens of the United States have access to 
     public telecommunications services through all appropriate 
     available telecommunications distribution technologies.

  The National Public Telecommunications Infrastructure Act of 1994 
seeks to accomplish this goal.
  Mr. President, nearly 100 educational, public broadcasting, library, 
civil rights, labor, local government, and disability rights 
organizations and others have expressed their support for the 
principles outlined in this legislation. This broad-based coalition 
believes that the reservation of public capacity on all appropriate 
telecommunications networks is essential to the full participation of 
all Americans on the NII.
  It is important to note that many of the principles embodied in this 
bill will further the goals outlined in the Goals 2000: Educate America 
Act that President Clinton signed earlier this year; goals such as 
school readiness, mathematics and science achievement, teacher 
education and professional development, and adult literacy.
  Vice President Al Gore endorsed the public right-of-way concept in a 
speech last year on telecommunications and the NII. Mr. Gore stated:

       We cannot relax restrictions from legislation and judicial 
     decisions without strong commitments and safeguards that 
     there will be a ``Public right-of-way'' on the information 
     highway. We must protect the interests of the public sector.

  Mr. President, the Federal Government must continue to honor the 
concept and principles outlined in this bill as new technologies evolve 
and as we build our Nation's information infrastructure.
  Existing telecommunications technologies have already permitted 
development of diverse community based programming that has increased 
civic discourse and expanded access to informational, educational and 
health related services. These start-up programs are flourishing, but 
their opportunities will be limited if increased access and funding is 
unavailable.
  Let me cite a few examples and tell you how the public right-of-way 
bill could benefit our society. Thanks to Congress' investment, public 
television owns six fully digital ku band transponders on Telstar 401. 
The satellite launched in December by AT&T. This satellite, which 
incorporates the latest digital technology for video, voice, and data, 
in combination with V-Sat equipment, will be capable of delivering a 
broad range of interactive educational services to local public 
broadcast stations for delivery to homes, schools, and universities.
  But public broadcasters face a serious problem in distributing these 
services over the last mile to homes and schools. Stations are 
generally restricted to a single broadcast channel to distributive 
their services. With access the Land-based distribution networks that 
will make up the information superhighways, public stations would have 
the ability to distribute the wide range of educational services that 
will be available to Telstar 401 to people nationwide, when and how 
they need them.
  For example, mathline, a video, data, and voice communication system 
devoted to improving the math achievement of American students, and 
ready-to-learn--an early education childhood development service, aimed 
at helping parents and childcare providers raise children who are ready 
to learn, will be available on Telstar 401 for distribution by local 
public broadcast stations. Access to telecommunications networks would 
facilitate the delivery of these and other services to our Nation's 
schools, day care centers, and homes.

  PBS Online--A two-way interactive telecommunications network--is 
another service that will make use of the satellite. This interactive 
learning service will link students and teachers across the Nation and 
enable them to send and receive voice, data, and text messages.
  Today, South Carolina educational television delivers live 
interactive seminars on early childhood education to Head Start 
teaching teams serving rural, migrant, native Americans and Alaskan 
village populations in 26 States. Access to telecommunications networks 
could expand the reach of this service throughout the country.
  In Chicago, IL, the Chicago Chapter of the Black Nurses Association 
[CCBNA] uses live, interactive programming to send basic health care 
information to Chicago's homes with cable television. The series gives 
Chicagoans access to information about hypertension, nutrition, cancer, 
and drug testing in the workplace. This health care intervention tool 
has helped the CCBNA address many community health care problems and to 
obtain feedback and provide answers to many everyday questions.
  The Satellite Educational Resources Consortium [SERC], a partnership 
of State public television networks and departments of education, 
distributes interactive distance learning courses to 5,000 high school 
students in 28 States. These courses bring math, science, and foreign 
language instruction to rural and disadvantaged schools. Access to new 
interactive telecommunications networks would facilitate the delivery 
of such distance learning courses nationwide.
  Another example is WTVS in Detroit, MI. WTVS has developed an 18-
channel community telecommunications network [CTN]. The system includes 
the working channel [TWC], which carries basic skills and job related 
information from such agencies as the Michigan Employment Security 
Commission and the Veterans' Administration, as well as a wide variety 
of graduate and undergraduate level courses aimed at improving 
employees in the workplace. WTVS now must rely on the voluntary 
carriage of the working channel by cable systems. The public right-of-
way legislation would provide WTVS with a reliable distribution 
mechanism for these services to homes, schools, and workplaces 
throughout the State.
  In Portland, OR, Portland's senior community video project produces 
Agewise, a series for local nonprofits, public and community service 
agencies. Currently, Agewise is a noninteractive series the efficacy of 
which would be significantly enhanced by the use of advanced 
technologies to permit senior citizens to ask questions and engage in 
important discussions about health care and other relevant issues.
  Access must be reserved for these institutions so that they and their 
users will be able to take full advantage of the information 
infrastructure. But access alone will not bring the information 
superhighway to every public library and classroom. Funding for 
noncommercial use of the national information infrastructure is vital.
  At a recent hearing on S. 1822, the Communications Act of 1994, 
before the Senate Commerce Committee, Secretary of Education Richard 
Riley expressed support for public access legislation and funding for 
noncommercial use of the NII. Secretary Riley stated:

       The principle of ``free'' public education for all children 
     is the bedrock of our democracy. Not cheap, inexpensive, or 
     available for a fee but in its essence ``free''.

  The public right-of-way bill does just that. It authorizes the 
commission to promulgate regulations to establish a public 
telecommunications infrastructure fund [PTIF] which will provide 
eligible entities with additional economic support to assist in 
providing noncommercial services for the public. It also sets forth 
guidelines with respect to contributions, allocations, and 
distributions of the fund.
  Funds from the PTIF could help support training for librarians, 
teachers, and school administrators so that library users and 
students--many of whom do not have computer access in their homes--will 
become active participants in the information age.
  Mr. President, this legislation will not solve all of the public 
access problems on the NII, however, I believe it is a step in the 
right direction toward making sure that all Americans have meaningful 
access to the NII. I look forward to working with the Senate, the 
administration and the Federal Communications Commission on this 
important legislation.
  Mr. President, I ask unanimous consent that the text of the bill 
appear in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2195

       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 ``National Public 
     Telecommunications Infrastructure Act of 1994''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The United States Government has consistently 
     encouraged the development and dissemination of public 
     telecommunications services in broadcast and nonbroadcast 
     technologies through, among other things, the Public 
     Broadcasting Act of 1967, the Public Telecommunications 
     Financing Act of 1978, and the Public Telecommunications Act 
     of 1992, wherein Congress found that ``it is in the public 
     interest for the Federal Government to ensure that all 
     citizens of the United States have access to public 
     telecommunications services through all appropriate available 
     telecommunications distribution technologies . . .''
       (2) The Government has a compelling interest in ensuring 
     that all citizens of the United States have access to 
     noncommercial governmental, educational, informational, 
     cultural, civic, and charitable services through all 
     appropriate telecommunications networks.
       (3) New telecommunications technologies will enhance the 
     ability of schools, libraries, local governments, public 
     broadcast institutions, and nonprofit organizations to 
     deliver and receive noncommercial governmental, educational, 
     informational, cultural, civic, and charitable services 
     throughout the United States.
       (4) It is in the public interest that these entities be 
     granted access to capacity on telecommunications networks for 
     the purpose of disseminating and receiving noncommercial 
     governmental, educational, informational, cultural, civic, 
     and charitable services throughout the United States.
       (5) It is necessary and appropriate that these entities 
     have access, without charge, to the capacity on 
     telecommunications networks to enable the public to have 
     affordable access to the governmental, educational, 
     informational, cultural, civic, and charitable services 
     provided by such entities.
       (6) Telecommunications services, including cable television 
     programming, basic telephone service, and telecommunications 
     services not yet available, are likely to become an 
     increasingly pervasive presence in the lives of all 
     Americans.
       (7) Most Americans are currently served by 
     telecommunications networks that lack sufficiently open 
     architecture, sufficient capacity, and adequate 
     nondiscriminatory access terms necessary to provide open 
     access to a diversity of voice, video, and data 
     communications.
       (8) Private telecommunications carriers are likely to 
     control access to telecommunications networks that lack 
     sufficiently open architecture, sufficient capacity, and 
     adequate nondiscriminatory access terms. Without narrowly 
     tailored governmental intervention, the existence of these 
     private ``gatekeepers'' is likely to restrict access to these 
     networks.
       (9) Private telecommunications carriers respond to 
     marketplace forces, and therefore are most likely to exclude 
     those members of the public and institutions with the fewest 
     financial resources, including but not limited to small town 
     and rural residents, low income people, minorities, 
     individuals with disabilities, the elderly, and noncommercial 
     organizations such as schools, libraries, public 
     broadcasters, and nonprofit community and civic 
     organizations.
       (10) To facilitate widespread public discourse on a range 
     of public concerns between and among all Americans, the 
     Government has a compelling interest in providing broad 
     access to telecommunications networks for a diversity of 
     voices, viewpoints, and cultural perspectives, including 
     access for members of the public whose voices are most likely 
     to be excluded by private telecommunications carriers.
       (11) Assuring access to a diversity of voices, viewpoints, 
     and cultural perspectives over telecommunications networks 
     benefits all members of the public who use telecommunications 
     networks to disseminate or receive information.
       (12) Government support and encouragement of a diversity of 
     voices, viewpoints, and cultural perspectives over 
     telecommunications networks furthers a compelling 
     governmental interest in improving democratic self-
     governance, and improving and facilitating local government 
     services and communications between citizens and elected and 
     unelected public officials.
       (13) Telecommunications networks make substantial use of 
     public rights-of-way in real property and in spectrum 
     frequencies.
       (14) Because of the Government's compelling interest in 
     ensuring broad and diverse access to telecommunications 
     networks for the purposes of disseminating and receiving 
     noncommercial educational and informational services, and in 
     exchange for the use of public rights-of-way accorded 
     telecommunications networks, it is appropriate for Congress 
     (through the assertion of concurrent Federal jurisdiction 
     over rights-of-way held or controlled by State or local 
     governments) to require that owners and operators of 
     telecommunications networks reserve capacity on such networks 
     for public use.
       (15) The least restrictive means to ensure that those 
     members of the public whose voices are most likely to be 
     excluded from telecommunications networks can access those 
     networks is to require those networks to reserve a portion of 
     their capacity for that access.
       (16) It is in the public interest that reserved network 
     capacity for public use be accompanied by funding to 
     facilitate use of such capacity to provide 
     noncommercial governmental, educational, informational, 
     cultural, civic, and charitable services for the public.

     SEC. 3. PUBLIC RIGHTS-OF-WAY.

       Title VII of the Communications Act of 1934 (47 U.S.C. 601 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 714. PUBLIC RIGHTS-OF-WAY.

       ``(a) Definitions.--As used in this section:
       ``(1) The term `telecommunications network' means any group 
     of facilities that has been granted the right to occupy any 
     public right-of-way to transmit or carry telecommunications 
     for the public, and provides the consumer or end user the 
     opportunity to choose from a range of telecommunications that 
     are available contemporaneously to the public. A terrestrial 
     radio or television broadcast station licensed pursuant to 
     Title III shall not be considered a telecommunications 
     network by reason of its use of its assigned spectrum.
       ``(2) The term `public right-of-way' means any right-of-
     way, including use of the electromagnetic spectrum, that is 
     held or otherwise controlled by Federal, State, or local 
     governments on behalf of the public, and is used in the 
     transmission or carriage of telecommunications.
       ``(3) The term `telecommunications' means communications of 
     any form transmitted or carried by any means, including 
     analog or digital electromagnetic signals.
       ``(b) Requirement for Reserved Capacity.--Within 365 days 
     after the date of enactment of this section, the Commission 
     shall promulgate regulations to require owners and operators 
     of telecommunications networks to reserve, for public uses, 
     capacity on such networks for use free-of-charge by eligible 
     entities. The reserved capacity shall be considered public 
     property subject to disposition pursuant to regulations 
     promulgated by the Commission, and the owner or operator of 
     any affected telecommunications network shall have no control 
     over, and no liability for, the communications content of 
     such capacity.
       ``(c) Reservation of Capacity.--
       ``(1) Amount of capacity to be reserved.--The Commission 
     shall presume that a reservation under this section of 20 
     percent of the capacity of a telecommunications network is 
     appropriate, but may require a reservation of a lower amount 
     or an amount to be phased-in not exceeding 20 percent, upon 
     consideration of the type of technology used by the network, 
     barriers to accessing the network, and such other factors as 
     the Commission considers appropriate. Telecommunications 
     networks shall not be required to reserve public capacity in 
     excess of that required under this paragraph.
       ``(2) Temporary reductions.--If the Commission determines 
     that any portion of the amount of public capacity that a 
     telecommunications network is required to reserve under this 
     section will go unused, the Commission may temporarily 
     reduce the reserved amount by such unused portion. During 
     the period when the reserved public capacity of a 
     telecommunications network is temporarily reduced, an 
     eligible entity described in subsection (d) may request 
     use of any of the portion by which such reserved capacity 
     was reduced and the Commission shall, within 30 days after 
     the request, provide sufficient capacity to meet the 
     request.
       ``(3) Quality.--The quality of telecommunications capacity 
     reserved for public uses under this section shall be 
     equivalent to the best quality of available capacity of the 
     affected telecommunications network in all respects, 
     including accessibility, channel positioning, interconnection 
     access rights, network capabilities, and such other factors 
     as the Commission considers appropriate.
       ``(4) Reduction or elimination of obligations.--The 
     Commission may reduce or eliminate obligations upon a 
     telecommunications network imposed under this subsection, if 
     the Commission determines on the record after notice and 
     opportunity for comment, that, throughout its entire service 
     area, such network has clearly sufficient open architecture, 
     capacity, and nondiscriminatory access terms to ensure that 
     economic and technological barriers to access by eligible 
     entities described in subsection (d) are eliminated.
       ``(5) Effect on franchise fee collection.--Nothing in this 
     section is intended to affect the power of any franchising 
     authority to collect a franchise fee authorized under section 
     622.
       ``(d) Allocation of capacity.--
       ``(1) Eligible entities.--The following entities are the 
     entities eligible for access to the public capacity reserved 
     under this section:
       ``(A) State, local, and tribal governments and their 
     agencies;
       ``(B) accredited educational institutions open to 
     enrollment by the public;
       ``(C) public telecommunications entities;
       ``(D) public and nonprofit libraries; and
       ``(E) nonprofit organizations described under section 
     501(c)(3) of the Internal Revenue Code of 1986 that are 
     formed for the purpose of providing nondiscriminatory public 
     access to noncommercial educational, informational, cultural, 
     civic, or charitable services.
       ``(2) Terms and conditions of access.--Such eligible 
     entities shall have access to such public capacity at no 
     charge (for installation or service) if using such capacity 
     only for the provision of educational, informational, 
     cultural, civic, or charitable services directly to the 
     public without charge for such services. Telecommunications 
     capacity allocated pursuant to this section shall not be 
     sold, resold, or otherwise transferred in consideration for 
     money or any other thing of value.
       ``(3) Allocation.--The Commission shall determine 
     appropriate mechanisms and guidelines for allocating such 
     public capacity. In so doing, the Commission shall establish 
     block allocations to State, local, or tribal governments for 
     redistribution among eligible entities pursuant to 
     telecommunications plans submitted by State, local, or tribal 
     governments, and ensure that the intent of Congress, as 
     expressed in section 396(a), is served.
       ``(4) Transition.--The Commission, as telecommunications 
     network capacity expands, shall provide for a transition 
     within a reasonable period of time from requirements under 
     sections 335, 611, and 615 to requirements under this 
     section.
       ``(e) Public Telecommunications Infrastructure Fund.--
       ``(1) Establishment.--Within 365 days after the date of 
     enactment of this section, the Commission shall promulgate 
     regulations to establish a Public Telecommunications 
     Infrastructure Fund to provide eligible entities described in 
     subsection (d) with economic support to use the capacity 
     reserved on telecommunications networks under this section to 
     provide noncommercial governmental, educational, 
     informational, cultural, civil, and charitable services for 
     the public. Such regulations shall provide a mechanism for 
     financing the Public Telecommunications Infrastructure Fund 
     by means of--
       ``(A) contributions, on a competitively neutral basis, by 
     owners and operators of telecommunications networks 
     (including those regulated under titles II, III and VI, 
     except that nothing in this subsection may be construed as 
     affecting the power of any franchising authority to collect a 
     franchise fee authorized under section 622);
       ``(B) contributions from a designated portion of any 
     universal service fund, as may be established under this Act;
       ``(C) contributions from such other sources as the 
     Commission may determine to be sufficient and appropriate for 
     such purposes; or
       ``(D) any combination of the contributions described in 
     subparagraphs (A), (B), and (C).
       ``(2) Content of regulations.--The regulations promulgated 
     under this subsection shall--
       ``(A) provide that contributions to the Public 
     Telecommunications Infrastructure Fund shall begin no later 
     than 365 days after promulgation of the regulations;
       ``(B) determine appropriate mechanisms and guidelines for 
     allocating the funds collected pursuant to this subsection to 
     such State, local, or tribal governments as the Commission 
     considers appropriate;
       ``(C) establish guidelines for the distribution of such 
     funds by State, local, or tribal governments to provide 
     eligible entities described in subsection (d) with sufficient 
     economic support to use the network capacity reserved under 
     this section to provide noncommercial governmental, 
     educational, informational, cultural, civic, and charitable 
     services for the public; and
       ``(D) require that each State, local, or tribal government 
     authorized to distribute funds pursuant to subparagraph (c) 
     establish a public advisory commission that--
       ``(i) shall be composed of members representing the 
     interests of eligible entities described in subsection (d); 
     and
       ``(ii) shall ensure that the funds are distributed to a 
     broad cross section of eligible entities in accordance with 
     the guidelines established pursuant to subparagraph 
     (C).''.
                                 ______

      By Mr. WELLSTONE (for himself and Mr. Burns):
  S. 2196. A bill to assure fairness and choice to patients and 
providers under managed care health benefit plans, and for other 
purposes; to the Committee on Labor and Human Resources.


                       The Patient Protection Act

 Mr. WELLSTONE. Mr. President, I am pleased to introduce the 
Patient Protection Act today, with my colleague Senator Burns as an 
original co-sponsor. As Congress considers health care reform, I 
believe we must focus very seriously on the importance of assuring the 
highest quality of care for patients. This act sets out landmark 
protections for patients and health care givers that should be 
incorporated in any health care reform proposal.
  Any health care reform bill that is passed must have strong 
protections for consumers from the dangers of monopoly medicine. There 
is tremendous consolidation of economic power by the insurance 
industry, even as we consider reforming our system. the largest managed 
care companies are integrating vertically and horizontally, and are 
dominating an ever larger piece of the health care market. This 
morning's news let us know that two of the largest companies, 
Metropolitan Life and Travelers, are planning to merge their 
operations, bringing the ``big five'' of the Alliance for Managed 
Competition down to the ``big four.''
  I hear over and over again from the people around the country about 
what this means to their own health care. People, consumers and 
caregivers alike, are unhappy, frustrated, and frightened as a result 
of the merger of giant insurance plans that have left the health care 
market in the hands of an oligopoly.
  What has come across very strongly, and has surprised me the most, is 
the growing voice of the doctors in sounding the alarm on the abuses of 
the emerging system. I have worked closely with the American Medical 
Association on developing this bill, as well as with consumer groups, 
and when it comes to protecting consumers and protecting the role of 
physicians and other health caregivers in making clinical decisions, 
the American Medical Association and I have much in common.
  The AMA represents the physicians on the inside who are looking out, 
who have experience with managed care. And we're coming to the same 
conclusions. Some of what is happening is simply not in the best 
interests of maintaining choice and providing sensitive, high quality 
health care.
  I have already proposed many of the elements of the Patient 
Protection Act as amendments to the Health Security Act that we 
reported out of the Senate Committee on Labor and Human Resources, and 
they are already part of the bill. These include the right for 
caregivers who are being dropped by a health plan to receive timely 
notice that includes the reasons for dismissal, and the right to appeal 
that decision. This provides time for patients to arrange for 
continuity of care, and gives everyone involved a chance to shed light 
on plans that drop caregivers who are providing necessary but expensive 
health care. This provision was approved in the Labor Committee markup 
of the Health Security Act by a vote of 12 to 4.

  The Labor Committee bill also now includes the right for patients and 
providers to timely information about the standards that utilization 
management companies use to make decisions about medical care, and the 
right to appeal those decisions. It would also prohibit any financial 
arrangement that would cause a utilization management organization or 
physician incentive plan to deny medically necessary or appropriate 
care.
  There are many good health plans that already live up to these 
standards, I am encouraged by the activities of the industry to assure 
that they are improving the care of their patients and improving the 
practice of medicine, as they strive for financial efficiency. I invite 
and expect the support of those plans for this bill.
  Some who would agree on patients' rights draw the line at extending 
those rights to the people who provide health care. And here I say that 
demoralized caregivers are not good for patient care. If health plans 
can drop caregivers from their lists at will, with no explanation and 
no recourse, nothing stands in the way of some of the most predatory 
practices we see today. Doctors are dropped because they spend too much 
of he health plan's money, even if their patients are older or sicker 
or legitimately need more health care services. They are pitted against 
their patients every time they make a decision about whether or not to 
make a referral to a specialist. In areas where a few health plans 
dominate the market, every time a provider is dropped thousands of 
families lose the continuity of care they had with doctors they may 
have seen for years.
  The drive for a healthy bottom line, instead of a healthy population, 
maintains our inequitable, multi-tier system. Doctors have told me that 
they have been instructed to give 20 minute appointments to patients 
who pay higher premiums, and only 10 minute appointments to those who 
pay less. They are being told to give cheaper, less accurate and less 
time-consuming tests for tuberculosis to patients on the lower price 
plans than they would give to patients paying a higher rate.
  The Labor Committee recently heard tragic stories from patients and 
caregivers about the results of these untamed practices. We heard about 
two cases of women with breast cancer whose care was repeatedly delayed 
until any treatment was too late. The list could go on and on.
  The standards proposed in this act will control the most egregious 
practices of today. But I think they go farther. This bill is a 
starting point for patients, providers, and others who are part of the 
health care industry to work together in the best interests of high 
quality patient care. Certainly, we must find a way to control health 
care costs. Certainly, there will be changes in the practice of 
medicine. It is up to those of us in Congress to provide leadership for 
accomplishing those goals in the interests of people, who depend on the 
health care system every day for vitally necessary care.
  The time for health care reform is now, but it must be health care 
reform that includes high quality care as well as effective cost 
control. Individual choice and patients' rights are among the 
cornerstones of the single payer bill I introduced in the Senate, the 
American Health Security Act of 1993 (S. 491).
  The bill I am introducing today establishes the following important 
standards, particularly for managed care plans and for utilization 
management organizations:
  First, there must be a process, established at the Federal level, for 
certifying managed care plans and utilization review programs. That 
process must include periodic review, a chance to remedy deficiencies, 
and the ability to discontinue the plans if they remain inadequate. The 
bill recognizes the constructive role that private accrediting bodies 
can play in consulting with the Government on these issues.
  Second, consumers have a right to easily understood information about 
managed care plans so that they can make informed decisions, including 
not only the coverage and benefits, but also utilization review 
requirements and financial arrangements with utilization review 
organizations, loss ratios, and patient satisfaction statistics.
  Third, plans must have sufficient access to physicians and other 
providers to provide timely care.
  Fourth, plans cannot discriminate against patients who are likely to 
need expensive medical services due to their health condition by 
excluding their caregivers. There must be standards for hiring and 
firing physicians, and the right for timely notice and appeals when 
contracts for physicians already accepted by a plan are adversely 
modified.
  Fifth, certified utilization review organizations must have up to 
date and medically justified for making decisions about whether or not 
clinical services should be provided, and patients and providers have a 
right to know what those standards are. The standards should be set and 
enforced by qualified health professionals, and there must be an appeal 
process when people are denied care.
  Sixth, patients cannot be denied care unreasonably because of 
utilization review practices. Decisions about care must be made within 
24 hours, and cannot be required for emergency care. If review 
personnel are unavailable, care provided will be considered to be 
approved and covered.
  I ask unanimous consent that the full 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. 2196

       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 ``Patient Protection Act of 
     1994''.
                 TITLE I--PROTECTION OF CONSUMER CHOICE

     SEC. 2. PROTECTION OF CONSUMER CHOICE.

       Nothing in this Act shall be construed as prohibiting--
       (1) an individual from purchasing any health care services 
     with the individual's own funds, whether such services are 
     covered within any benefits package otherwise available to 
     the individual; and
       (2) employers from providing coverage for benefits in 
     addition to any benefits package otherwise available to an 
     individual.
 TITLE II--CERTIFICATION OF MANAGED CARE PLANS AND UTILIZATION REVIEW 
                                PROGRAMS

     SEC. 3. DEFINITIONS.

       For purposes of this title:
       (1) Qualified managed care plan.--The term ``qualified 
     managed care plan'' means a managed care plan that the 
     Secretary certifies, upon application by the program, as 
     meeting the requirements of section 4(b).
       (2) Qualified utilization review program.--The term 
     ``qualified utilization review program'' means a utilization 
     review program that the Secretary certifies, upon application 
     by the program, as meeting the requirements of section 4(c).
       (3) Utilization review program.--The term ``utilization 
     review program'' means a system of reviewing the medical 
     necessity, appropriateness, or quality of health care 
     services and supplies provided under a health insurance plan 
     or a managed care plan using specified guidelines. Such a 
     system may include preadmission certification, the 
     application of practice guidelines, continued stay review, 
     discharge planning, preauthorization of medical procedures, 
     and retrospective review.
       (4) Managed care plan.--
       (A) In general.--The term ``managed care plan'' means a 
     plan operated by a managed care entity (as defined in 
     subparagraph (B)), that provides for the financing and 
     delivery of health care services to persons enrolled in such 
     plan through--
       (i) arrangements with selected providers to furnish health 
     care services;
       (ii) explicit standards for the selection of participating 
     providers;
       (iii) organizational arrangements for ongoing quality 
     assurance, utilization review programs, and dispute 
     resolution; and
       (iv) financial incentives for persons enrolled in the plan 
     to use the participating providers and procedures provided 
     for by the plan.
       (B) Managed care entity.--The term ``managed care entity'' 
     includes a licensed insurance company, hospital or medical 
     service plan, health maintenance organization, an employer or 
     employee organization, or a managed care contractor (as 
     defined in subparagraph (C)), that operates a managed care 
     plan.
       (C) Managed care contractor.--The term ``managed care 
     contractor'' means a person that--
       (i) establishes, operates, or maintains a network of 
     participating providers;
       (ii) conducts or arranges for utilization review 
     activities; and
       (iii) contracts with an insurance company, a hospital or 
     medical service plan, an employer, an employee organization, 
     or any other entity providing coverage for health care 
     services to operate a managed care plan.
       (6) Participating provider.--The term ``participating 
     provider'' means a physician, hospital, pharmacy, laboratory, 
     or other appropriately authorized provider of health care 
     services or supplies, that has entered into an agreement with 
     a managed care entity to provide such services or supplies to 
     a patient enrolled in a managed care plan.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 4. CERTIFICATION OF MANAGED CARE PLANS AND UTILIZATION 
                   REVIEW PROGRAMS.

       (a) In General.--
       (1) Certification.--The Secretary shall establish a process 
     for certification of managed care plans meeting the 
     requirements of subsection (b) and utilization review 
     programs meeting the requirements of subsection (c).
       (2) Review and recertification.--The Secretary shall 
     establish procedures for the periodic review and 
     recertification of qualified managed care plans and qualified 
     utilization review programs. Such procedures shall include 
     steps by which a health plan may remedy any deficiencies 
     cited.
       (3) Termination of certification.--If the Secretary 
     determines that a qualified managed care plan or qualified 
     utilization review program no longer substantially meets the 
     applicable requirements for certification, the Secretary 
     shall establish procedures for terminating the certification 
     of the plan or program for reasons including the failure of 
     remedies for deficiencies referred to in paragraph (2). Prior 
     to the date a termination becomes effective, the Secretary 
     shall provide the plan notice and opportunity for a hearing 
     on the proposed termination.
       (4) Certification through alternative requirements.--
       (A) Certain organizations recognized.--An eligible 
     organization (as defined in section 1876(b) of the Social 
     Security Act), shall be deemed to meet the requirements of 
     subsection (b) for certification as a qualified managed care 
     plan.
       (B) Recognition of accreditation.--If the Secretary finds 
     that a State licensure program or a national accreditation 
     body establishes requirements for accreditation of a managed 
     care plan or utilization review program that are at least 
     equivalent to requirements established under this section, 
     the Secretary may, to the extent appropriate, treat a managed 
     care plan or a utilization review program accredited by such 
     program or body as meeting the applicable requirements of 
     this section.
       (b) Requirements for Certification of Managed Care Plans.--
       (1) In general.--The Secretary shall establish Federal 
     standards for the certification of managed care plans, 
     including standards which require managed care plans to meet 
     the requirements described in paragraphs (2) through (6).
       (2) Information on terms of plan.--Managed care plans shall 
     provide prospective enrollees information on the terms and 
     conditions of the plan so that the enrollees can make 
     informed decisions about accepting a certain system of health 
     care delivery. Easily understood, truthful, linguistically 
     appropriate and objective terms must be used in all oral and 
     written descriptions of a plan. Such descriptions shall be 
     consistent with standards developed for supplemental 
     insurance coverage under title XVIII of the Social Security 
     Act. Descriptions of plans under this paragraph must be 
     standardized so that customers can compare the attributes of 
     the plans. Specific items that must be included in a 
     description of a plan are--
       (A) coverage provisions, benefits, and any exclusions by 
     category of service, provider, or physician, and if 
     applicable, any exclusions by specific service;
       (B) any and all prior authorization or other review 
     requirements including preauthorization review, concurrent 
     review, post-service review, post-payment review and any 
     procedures that may lead the patient to be denied coverage 
     for, or not be provided, a particular service;
       (C) financial arrangements or contractual provisions with 
     hospitals, utilization review organizations, physicians, or 
     any other provider of health care services that would limit 
     the services offered, restrict referral or treatment options, 
     or negatively affect a physician's fiduciary responsibility 
     to patients, including financial incentives not to provide 
     medical or other services;
       (D) an explanation of how plan limitations impact 
     enrollees, including information on enrollee financial 
     responsibility for payment for coinsurance or other 
     noncovered or out-of-plan services;
       (E) the plan's loss ratios and an explanation that they 
     reflect the percentage of premiums expended for health 
     services; and
       (F) enrollee satisfaction statistics, including 
     reenrollment statistics and a description of enrollees' 
     reasons for leaving the plan.
       (3) Adequate access to physicians.--Managed care plans 
     shall be required to demonstrate that they have adequate 
     access to physicians and other providers so that all covered 
     health care services will be provided in a timely manner. 
     This requirement may not be waived and must be met in all 
     areas where the plan has enrollees, including rural areas.
       (4) Financial reserves.--Managed care plans shall be 
     required to meet financial reserve requirements that are 
     established to assure proper payment for health care services 
     provided under the plan. The Secretary shall establish a 
     mechanism to provide adequately for indemnification of plan 
     failures even when a plan has met the reserve requirements.
       (5) Provider input.--Managed care plans shall be required 
     to establish a mechanism under which physicians and other 
     providers participating in a plan have defined rights to 
     provide input into the plan's medical policy (including 
     coverage of new technology and procedures), utilization 
     review criteria and procedures, quality and credentialing 
     criteria, and medical management procedures.
       (6) Credentials for physicians.--
       (A) In general.--Managed care plans shall be required to 
     credential physicians furnishing health care services under 
     the plan. Any physicians within a plan's geographic service 
     area may apply for credentials under the plan and at least 
     once each year, the plan shall notify such physicians of the 
     opportunity to apply for credentials.
       (B) Credentialing process.--
       (i) In general.--Each managed care plan shall establish a 
     credentialing process. Such process shall begin upon 
     application by a physician to be included under the plan. 
     Each application by a physician shall be reviewed by a 
     credentialing committee with appropriate representation of 
     the applicant's medical specialty.
       (ii) Standards.--Credentialing under a plan shall be based 
     on objective standards of quality with input from physicians 
     credentialed by the plan. Credentialing standards shall be 
     available to applicants and enrollees.
       (iii) Economic considerations.--If economic considerations, 
     including practitioners' patterns of expenditure per patient, 
     are part of a credentialing decision, objective criteria must 
     used in examining such considerations and such criteria must 
     be available to applicants, participating physicians, and 
     enrollees. Any economic profiling of physicians must be 
     adjusted to recognize case mix, severity of illness, age of 
     patients and other features of a physician's practice that 
     may account for higher or lower than expected costs. Economic 
     profiles must be made available to the physicians profiled.
       (iv) Graduate medical education.--If graduate medical 
     education is a consideration in credentialing, equal 
     recognition will be given to training programs accredited by 
     the Accrediting Council on Graduate Medical Education and by 
     the American Osteopathic Association.
       (v) Recording decisions.--A record shall be maintained of 
     all decisions made under the credentialing process and each 
     applicant shall be provided with reasons for an application 
     being denied or a contract not being renewed.
       (vi) Due process.--Prior to initiation of a proceeding 
     leading to termination of a contract, the physician shall be 
     provided notice, an opportunity for discussion, and an 
     opportunity to enter into and complete a corrective action 
     plan, except in cases where there is imminent harm to patient 
     health or an action by a State medical board or other 
     government agency that effectively impairs the physician's 
     ability to practice medicine.
       (vii) Reducing or withdrawing credentials.--The same 
     standards and procedures used for an application for 
     credentials shall also be used in those cases where the plan 
     seeks to reduce or withdraw such credentials.
       (viii) Appeals.--There shall be allowed a due process 
     appeal from all adverse decisions affecting practitioners 
     with whom a plan has contracted. The due process appeal 
     mechanisms shall be as set forth in the Health Care Quality 
     Improvement Act of 1986 (42 U.S.C. 11101-11152).
       (C) Discrimination against enrollees.--Managed care plans 
     shall be prohibited from discriminating against enrollees 
     based on health status or anticipated need for medical 
     services likely to lead to high expenses by excluding 
     practitioners with practices containing a substantial number 
     of such patients.
       (6) Confidentiality of records.--Managed care plans shall 
     be required to establish procedures to ensure that all 
     applicable Federal and State laws designed to protect the 
     confidentiality of provider and individual medical records 
     are followed.
       (c) Requirements for Certification of Utilization Review 
     Programs.--
       (1) In general.--The Secretary shall establish Federal 
     standards for the certification of utilization review 
     programs, including standards which require such programs to 
     meet the requirements described in paragraph (2).
       (2) Requirements.--Plans must have a medical director 
     responsible for all clinical decisions by the plan and 
     provide assurances that the medical review or utilization 
     practices used by the plans, and the medical review or 
     utilization practices of payers or reviewers with whom the 
     plans contract, comply with the following requirements:
       (A) Screening criteria used in the review process, the 
     methods by which they are applied, and their method of 
     development, must be released to physicians and the public 
     upon request.
       (B) Such criteria and methods must be based on sound 
     scientific principles and developed in cooperation with 
     practicing physicians and other affected health care 
     providers.
       (C) Any person who recommends denial of coverage or 
     payment, or determines that a service should not be provided, 
     based on medical necessity standards, must be of the same 
     medical branch (allopathic or osteopathic medicine) and 
     specialty (specialties as recognized by the American Board of 
     Medical Specialties or the American Osteopathic Association) 
     as the practitioner who provided the service.
       (D) Each claimant or provider (upon assignment of a claim) 
     who has had a claim denied as not medically necessary must be 
     provided an opportunity for a due process appeal to a medical 
     consultant or peer review group that is independent of the 
     entity that performed the initial review.
       (E) Any individual making a final, negative judgment or 
     recommendation about the necessity or appropriateness of 
     services or the site of service must be a comparably 
     qualified health care professional licensed to practice in 
     the jurisdiction from which the claim arose.
       (F) Upon request, physicians and other professionals will 
     be provided the names and credentials of all individuals 
     conducting medical necessity or appropriateness review, 
     subject to reasonable safeguards and standards.
       (G) Prior authorization shall not be required for emergency 
     care, and patient or physician requests for prior 
     authorization of a nonemergency service must be answered 
     within 24 hours and qualified personnel must be available for 
     same-day telephone responses to inquiries about medical 
     necessity, including certification of continued length of 
     stay. If review personnel are not available, medical services 
     provided shall be considered approved.
       (H) Plans must ensure that enrollees, in plans where prior 
     authorization is a condition for coverage of a service, are 
     offered the opportunity to sign medical information release 
     consent forms upon enrollment for use where services 
     requiring prior authorization are recommended or proposed by 
     their physician.
       (I) When prior approval for a service or other covered item 
     is obtained, the service shall be considered to be covered 
     unless there was fraud or incorrect information provided at 
     the time such prior approval was obtained.
       (J) Plans must establish procedures for ensuring that all 
     applicable Federal and State laws designed to protect the 
     confidentiality of provider and individual medical records 
     are followed.
       (d) Considerations in developing standards.--In developing 
     standards under subsections (b) and (c), the Secretary 
     shall--
       (1) review standards in use by national private 
     accreditation organizations and State licensure programs;
       (2) recognize, to the extent appropriate, differences in 
     the organizational structure and operation of managed care 
     plans; and
       (3) establish procedures for the timely consideration of 
     applications for certification by managed care plans and 
     utilization review programs.
       (d) Timetable for Establishment of Standards.--
       (1) In general.--Not later than 12 months after the date of 
     the enactment of this Act standards shall first be 
     established under this section.
       (2) Revision of standards.--The Secretary shall 
     periodically review the standards established under this 
     section, and may revise the standards from time to time to 
     assure that such standards continue to reflect appropriate 
     policies and practices for the cost-effective and medically 
     appropriate use of services within managed care plans and 
     utilization review programs.
            TITLE III--CHOICE OF HEALTH PLANS FOR ENROLLMENT

     SEC. 5. CHOICE OF HEALTH PLANS FOR ENROLLMENT.

       (a) In General.--Each sponsor, including a self-insured 
     sponsor, of a health benefit plan, who offers, provides, or 
     makes available such plan must provide to each eligible 
     enrollee a choice of health plans among available plans.
       (b) Offering of Plans.--Each sponsor referred to in 
     subsection (a) shall include among its health plan offerings 
     at least one of each of the following types of health benefit 
     plans, where available:
       (1) A managed care plan, including a health maintenance 
     organization or preferred provider organization.
       (2) A traditional insurance plan (as defined in subsection 
     (c)(1)).
       (3) A benefit payment schedule plan (as defined in 
     subsection (c)(2)), pursuant to the following activities of 
     the Secretary:
       (A) Not later than 12 months after the date of the 
     enactment of this Act, the Secretary shall--
       (i) conduct a study on the projected impact of benefit 
     payment schedule plans on enrollees and on the Nation's 
     health care costs; and
       (ii) submit a report to Congress on the results of such 
     study.
       (B) The Secretary shall promulgate regulations to--
       (i) assure that benefit payment schedule plans, if 
     approved, are affordable for all enrollees and contribute to 
     health care cost containment; and
       (ii) remedy any other significant deficiencies identified 
     by the study described in subparagraph (A).
       (c) Definitions.--For purposes of this section:
       (1) Traditional insurance plan.--The term ``traditional 
     insurance plan'' includes plans that offer a health benefits 
     package and that pay for medical services on a fee-for-
     service basis using a usual, customary, or reasonable payment 
     methodology or a resource based relative value schedule, 
     usually linked to an annual deductible and/or coinsurance 
     payment on each allowed amount.
       (2) Benefit payment schedule plan.--The term ``benefit 
     payment schedule plan'' means a health plan that--
       (A) provides coverage for all items and services included 
     in a health benefits package that are furnished by any health 
     care provider licensed under State law of the enrollee's 
     choice;
       (B) makes payment for the services of a provider on a fee-
     for-service basis without regard to whether or not there is a 
     contractual arrangement between the plan and the provider;
       (C) provides a benefit payment schedule that identifies 
     covered services and the payment for each service covered by 
     the plan; and
       (D) applies no copayments or coinsurance.

     SEC. 6. CHOICE REQUIREMENTS FOR POINT-OF-SERVICE PLANS.

       (a) In General.--Each sponsor, including a self-insured 
     sponsor, of a health benefit plan that restricts access to 
     providers, shall offer to all eligible enrollees the 
     opportunity to obtain coverage for out-of-network items or 
     services through a point-of-service plan (as defined under 
     subsection (e)(1)), at the time of enrollment and at least 
     for a continuous one-month period annually thereafter.
       (b) Coinsurance.--A point-of-service plan may require 
     payment of coinsurance for an out-of-network item or service, 
     as follows:
       (1) The applicable coinsurance percentage shall not be 
     greater than 20 percent of payment for items and services.
       (2) The applicable coinsurance percentage may be applied 
     differentially with respect to out-of-network items and 
     services, subject to the requirements of paragraph (1).
       (c) Payment Disclosure Requirement.--All sponsors of point-
     of-service plans and physicians and other professionals 
     participating in such plans shall be required to disclose 
     their fees, applicable payment schedules, coinsurance 
     requirements, or any other financial requirements that affect 
     patient payment levels.
       (d) Poverty exclusion.--Any enrollee, including enrolled 
     dependents, whose income does not exceed 200 percent of the 
     established Federal poverty guideline for the applicable 
     year, shall be charged no more than the amount allowed under 
     applicable plan limits. Such amount shall be considered 
     payment in full.
       (e) Definitions.--For purposes of this section:
       (1) Point-of-service plan.--The term ``point-of-service 
     plan'' means a plan that offers services to enrollees through 
     a provider network (as defined in paragraph (2)) and also 
     offers additional services and/or access to care by network 
     or non-network providers.
       (2) Provider network.--The term ``provider network'' means, 
     with respect to a health plan that restricts access, those 
     providers who have entered into a contract or agreement with 
     the plan under which such providers are obligated to provide 
     items and services under the plan to eligible individuals 
     enrolled in the plan, or have an agreement to provide 
     services on a fee-for-service basis.

 Mr. BURNS. Mr. President, I join my colleague from Minnesota, 
Mr. Wellstone, in introducing the Patient Protection Act. It is not a 
comprehensive health reform proposal, nor is it an attempt at 
incremental change. It is language that should be included in whatever 
health care reform bill is considered before this body.
  I am hearing many things from the folks at home, and my mail from 
people all across the country is no different. They all say, ``I want 
to be able to choose my doctor and my health insurance.'' This 
legislation makes that possible.
  By requiring health plans to list what services are covered in their 
plan, what services are excluded, and results of a survey on patient 
satisfaction, patients are able to be informed consumers. They can make 
wise decisions, based on what is most important to them.
  By giving patients the option of three plans--an HMO/PPO-type plan; a 
traditional insurance plan; or a benefit payment schedule--patients are 
able to decide what works best for them and their family. If they don't 
care what physician they see or don't have any particular ties already, 
they may choose an HMO. And if for some reason they are enrolled in an 
HMO-type plan, perhaps because that's the only one offered by their 
employer, but they want to see a physician not in that network, they 
will have the option of a point-of-service plan, an opportunity to pay 
extra to see a doctor who is not in their plan.
  And yes, it does have some provisions that are seen as good for the 
doctors. But as I see it, patients are not in this alone. The patient-
provider relationship is a special one. So, by giving physicians a 
voice in medical policymaking and developing criteria to ensure quality 
patient care, the patient wins.
  This legislation guarantees that patients and their physicians are 
making the decisions about the patients' medical care. That's the way 
it should be. I certainly wouldn't want a clerk on the phone to tell my 
physician that I am not allowed to have some procedure done. If my 
physician and I agree, even if my insurance didn't cover it, I should 
have the information at my fingertips about that and should have 
options in case we decided to proceed.
  That's what this country is all about. Options and opportunities and 
freedom. There is no reason patients shouldn't be given all the 
information they need to make wise decisions. And there is no reason 
patients shouldn't have the freedom to choose, freedom to choose their 
physician, the services they want, and the health insurance plan to 
which they want to subscribe. As long as this is a democracy, those 
should remain every individual's rights.
  I look forward, Mr. President, to seeing this language become part of 
any health care reform bill that we consider here in the Senate. My 
colleague, Senator Wellstone, and I may disagree on many components of 
health care reform, but on this point we can stand together. Above all, 
the patient's rights and maintaining the quality of care must come 
first. To do so, we must enact this legislation to protect the patient 
and secure the patient-physician relationship.
                                 ______

      By Mrs. FEINSTEIN:
  S. 2197. A bill to amend the Immigration and Nationality Act to 
control illegal immigration to the United States, reduce incentives for 
illegal immigration, reform asylum procedures, strengthen criminal 
penalties for the smuggling of aliens, and reform other procedures; to 
the Committee on the Judiciary.


        illegal immigration control and enforcement act of 1994

 Mrs. FEINSTEIN. Mr. President, just over a year ago, I spoke 
about my fears that if the Federal Government did not act aggressively 
to stop illegal immigration, there could be a backlash against all 
immigrants.
  In October 1993, I introduced the ``Immigration Law Enforcement Act 
of 1993'' to increase the number of border patrol agents, improve the 
asylum process and increase penalties for those who illegally smuggle 
immigrants into this country.
  Now, a year later, I am even more concerned that the lack of action 
by Congress will only escalate ill will toward all immigrants. The time 
to act is now, and for that reason I am introducing legislation today 
which broadens my original draft based upon many conversations with my 
colleagues.
  The impact on California's State budget caused by the steady stream 
of illegal immigrants is great. Estimates now range that there are 
between 1.6 million and 2.3 million illegal immigrants in California. 
The Governor of California believes the costs to our State of illegal 
immigrants has reached $3 billion a year. Studies are underway by the 
General Accounting Office, the Office of Management and Budget, and the 
Justice Department, all of which should help to produce substantiated 
figures about the real cost to California.
  No matter what the exact number turns out to be, the fundamental 
point is sure to remain the same. This is an expense that Californians 
can no longer afford to bear. Sheer numbers of illegal immigrants are 
having an impact: on classroom size, the jobs place, and in housing 
availability.
  The inability to enforce our borders--and stop illegal immigration--
is resulting in rising tension and increasing resentment against both 
legal and illegal immigrants.
  And it is the responsibility of this Congress to act.
  I rise today, therefore, to introduce the Illegal Immigration Control 
and Enforcement Act of 1994, a comprehensive combination of many of the 
best legislative proposals advanced to date.
  The goal of this legislation is twofold:
  First, stop illegal immigration by enforcing our borders and by 
devoting the resources to accomplish that objective;
  Second, reduce the incentives--such as Federal benefits and 
assistance--available to illegal immigrants so fewer people attempt to 
come here illegally.
  Among other things, this legislation will:
  First, provide 2,100 new border agents--700 each year for the next 3 
years--to secure our borders. It would also make available the 
necessary equipment, lighting and fencing.
  When I visited a 14-mile stretch of the border in San Diego County a 
year ago, I saw a mere handful of agents in the field, only a single 
night-vision scope was available, the lighting was bad, and the border 
fence was incomplete.
  When I returned to the same spot 10 days ago, after having helped 
secure a $45 million appropriation to better police the Southwest 
border, things had clearly improved. Lights were in place, 14 miles of 
the fence were nearly complete, new equipment was available and 
functioning, and 40 new U.S. agents were on duty.
  More importantly, border patrol agents on the line in San Diego 
report that they are now catching 60 percent of those trying to enter 
the Nation illegally, up from 50 percent last year. The Saturday night 
I was there, 2,000 people were apprehended for illegally crossing the 
border, but still about 1,500 succeeded in crossing the border that 
night.
  Based upon what I saw, border enforcement can work, but this is just 
the beginning. Adding 2,100 agents over 3 years would expand the 
efforts already underway and if they are assigned according to need, 
with some flexibility, the problem can be contained, and illegal border 
crossings greatly reduced.
  Second, speed the legal crossing at all land borders by:
  Fully staffing existing border gates, and
  Authorizing the construction of new facilities needed to handle the 
crossing volume.
  Third, a counterfeit-proof identity card aimed at eliminating the use 
of false documents to obtain benefits or work.
  False documents allow illegal immigrants to gain employment 
unlawfully and to obtain federally funded public assistance benefits. 
In addition, the legislation increases penalties for those who make and 
sell false documents.
  Fourth, establish a 2-year pilot ``interior repatriation'' program in 
San Diego to remove those who illegally cross the border to the 
``interior'' of their home country.
  One of the biggest problems is that illegal immigrants repeatedly try 
to cross the same border in a short period of time. During my visit to 
the border 10 days ago, the U.S. attorney said this provision was key 
and critical to reducing the frequency or repeat border crossings.
  Fifth, prohibit direct cash assistance--such as Aid to Families With 
Dependent Children or Supplemental Security Income--to immigrants who 
are not legal permanent residents, refugees or asylees.
  Sixth, require citizens who sponsor legal immigrants to provide 
complete financial support for them until they become U.S. citizens.
  A legal immigrant is eligible for citizenship 5 years after arriving 
in this country.
  This measure would prevent potential immigrants with sponsors from 
utilizing public assistance while under sponsorship.
  Seventh, establish that an applicant for asylum is not automatically 
entitled to work authorization.
  Additionally, it would take steps to expedite the asylum process and 
reduce the backlog of asylum claims.
  Eighth, increase penalties for the smuggling of illegal immigrants:
  It would increase the penalty for smuggling from 5 to 10 years, and 
imposes an additional penalty if the smuggler endangers the life of the 
immigrant.
  A smuggler who causes an alien's death would be subject to the death 
penalty.
  Ninth, provide for the prompt deportation of any non-green-cardholder 
who has been convicted of an aggravated felony and is deportable.
  Tenth, reduce cases of abuse against illegal immigrants by providing 
improved training for both active border patrol agents and new hires 
and requiring the Attorney General to report to Congress each year on 
this effort.
  This legislation also contains a funding mechanism to support the 
programs and hiring that it authorizes. It would impose a modest $1 
border crossing fee to pay for these improvements. Based on 1992 
Customs figures, a $1 crossing fee could raise between $300 and $400 
million a year so this border enforcement program is self funding.
  I would like to conclude by first acknowledging that this legislation 
owes a great deal to many in the House, Senate, and administration who 
have introduced many of these concepts in other forms.
  In addition, I want to invite all of those parties, especially the 
Attorney General, Commissioner Meissner, and other Members of the 
Senate, to work with me to finalize this package and enact it into law 
as quickly as humanly possible.
  The progress that I witnessed in San Diego earlier this month was 
impressive, but it is only a beginning. The United States must reduce 
incentives for illegal immigrants to come here, and the Federal 
Government must enforce our borders.
  There is no time to lose. Mr. President, I ask unanimous consent that 
the full text of my bill appear in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2197

       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 
     and Enforcement Act of 1994''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

          TITLE I--ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

    Part A--Expanded Border Patrol, Support, Training, and Resources

Sec. 111. Border patrol expansion and deployment.
Sec. 112. Hiring preference for bilingual border patrol agents.
Sec. 113. Improved border patrol training.
Sec. 114. Technology and equipment transfer to the Department of 
              Justice.

 Part B--Expanded Border Inspection Personnel, Support, and Facilities

Sec. 121. Additional land border inspectors.
Sec. 122. Improvement of border crossing infrastructure.

                   Part C--Detention and Deportation

Sec. 131. Enhancing penalties for failing to depart, or reentering, 
              after final order of deportation.
Sec. 132. Civil penalties for failure to depart.
Sec. 133. Form of deportation hearings.
Sec. 134. Interior repatriation and multiple reentry deterrence pilot 
              program.
Sec. 135. Judicial review.
Sec. 136. Communications between federally funded government agencies 
              and the Immigration and Naturalization Service.

        Part D--Enhanced Criminal Alien Deportation and Transfer

Sec. 141. Expansion in definition of ``aggravated felony''.
Sec. 142. Deportation procedures for certain criminal aliens who are 
              not permanent residents.
Sec. 143. Judicial deportation.
Sec. 144. Restricting defenses to deportation for certain criminal 
              aliens.
Sec. 145. Construction of expedited deportation requirements.
Sec. 146. Negotiations for international agreements.
Sec. 147. Denial of discretionary relief to aliens convicted of 
              aggravated felonies.
Sec. 148. Annual report.
Sec. 149. Use of legalization information for criminal prosecution 
              purposes.

           TITLE II--ILLEGAL IMMIGRATION INCENTIVE REDUCTION

                    Part A--Public Benefits Control

Sec. 211. Ineligibility for certain direct Federal benefits.
Sec. 212. Limits on benefits to sponsored immigrants.
Sec. 213. Sponsorship enhancement.
Sec. 214. Authority to States and localities to limit assistance to 
              aliens and to distinguish among classes of aliens in 
              providing general public assistance.

                   Part B--Employer Sanctions Support

Sec. 221. Additional Immigration and Naturalization Service 
              investigators.

                  Part C--Enhanced Wage and Hour Laws

Sec. 231. Increased personnel levels for the labor department.
Sec. 232. Increased number of assistant United States attorneys.

                   Part D--Authorization Verification

Sec. 241. Work authorization verification.

          TITLE III--ENHANCED SMUGGLING CONTROL AND PENALTIES

Sec. 301. Increased penalties for alien smuggling.
Sec. 302. Death penalty procedures.
Sec. 303. Smuggling aliens for commission of crimes.
Sec. 304. Adding alien smuggling to RICO.
Sec. 305. Expanded forfeiture for smuggling or harboring illegal 
              aliens.
Sec. 306. Wiretap authority for alien smuggling investigations.
Sec. 307. Effective date.

            TITLE IV--ADMISSIONS AND DOCUMENT FRAUD CONTROL

                   Part A--Port of Entry Inspections

Sec. 411. Restrictions on admissions fraud.
Sec. 412. Special port of entry exclusion for admissions fraud.
Sec. 413. Judicial review.
Sec. 414. Effective date.

                       Part B--Enhanced Penalties

Sec. 421. Increased penalties for document fraud.
Sec. 422. Penalties for failure to disclose role as preparer of 
              fraudulent documents.
Sec. 423. Civil penalties for fraud, misrepresentation, and failure to 
              present documents.
Sec. 424. Effective date.

                         TITLE V--ASYLUM REFORM

Sec. 501. Penalties for frivolous applications.
Sec. 502. Asylum and work authorization.
Sec. 503. Resources to address asylum backlog.
Sec. 504. Reduction of incentive to delay proceedings.
Sec. 505. Partial revocation of Executive order.

                   TITLE VI--BORDER CROSSING USER FEE

Sec. 601. Imposition of fees.
          TITLE I--ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

    PART A--EXPANDED BORDER PATROL, SUPPORT, TRAINING, AND RESOURCES

     SEC. 111. BORDER PATROL EXPANSION AND DEPLOYMENT.

       (a) Increased Personnel.--The Attorney General, in each of 
     the fiscal years 1995, 1996, and 1997 shall increase by no 
     fewer than 700, and by an appropriate amount the number of 
     personnel needed to support, the number of full-time, active-
     duty Border Patrol agents within the Immigration and 
     Naturalization Service above the numbers of such agents hired 
     in fiscal year 1994.
       (b) Deployment of Personnel.--The Attorney General shall, 
     to the maximum extent practicable, ensure that the personnel 
     hired pursuant to subsection (a) shall be deployed among the 
     various Immigration and Naturalization Service sectors in 
     proportion to the level of illegal intrusion measured in each 
     sector during the preceding fiscal year, and shall be 
     actively engaged in (or in support of) law enforcement 
     activities related to the illegal crossing of the United 
     States' borders.

     SEC. 112. HIRING PREFERENCE FOR BILINGUAL BORDER PATROL 
                   AGENTS.

       The Attorney General shall, in hiring the Border Patrol 
     Agents specified in section 111(a), give priority to the 
     employment of multilingual candidates who are proficient in 
     both English and such other language or languages as may be 
     spoken in the region in which such Agents are likely to be 
     deployed.

     SEC. 113. IMPROVED BORDER PATROL TRAINING.

       (a) Improvement.--Section 103 of the Immigration and 
     Nationality Act (8 U.S.C. 1103) is amended by adding at the 
     end the following new subsection:
       ``(e)(1) The Attorney General shall ensure that all Border 
     Patrol personnel, and any other personnel of the Service who 
     are likely to have contact with undocumented or improperly 
     documented persons, or other immigrants, in the course of 
     their official duties, receive in-service training adequate 
     to ensure that all such personnel respect the civil rights, 
     personal safety, and human dignity of such persons at all 
     times.
       ``(2) The Attorney General shall ensure that the annual 
     report to Congress of the Service--
       ``(A) describes in detail actions taken by the Attorney 
     General to meet the requirement set forth in paragraph (1);
       ``(B) incorporates specific findings by the Attorney 
     General with respect to the nature and scope of any verified 
     incident of conduct by Border Patrol personnel that--
       ``(i) was not consistent with paragraph (1); and
       ``(ii) was not described in a previous annual report; and
       ``(C) sets forth specific recommendations for preventing 
     any similar incident in the future.''.

     SEC. 114. TECHNOLOGY AND EQUIPMENT TRANSFER TO THE DEPARTMENT 
                   OF JUSTICE.

       In order to facilitate or improve the detection, 
     interdiction, and reduction by the Immigration and 
     Naturalization Service of illegal immigration into the United 
     States, the Attorney General is authorized to acquire and 
     utilize any Federal equipment (including, but not limited to, 
     fixed wing aircraft, helicopters, four-wheel drive vehicles, 
     sedans, night vision goggles, night vision scopes, and sensor 
     units) determined available for transfer to the Department of 
     Justice by any other agency of the Federal Government upon 
     request of the Attorney General.

 PART B--EXPANDED BORDER INSPECTION PERSONNEL, SUPPORT, AND FACILITIES

     SEC. 121. ADDITIONAL LAND BORDER INSPECTORS.

       (a) Increased Personnel.--In order to eliminate undue delay 
     in the thorough inspection of persons and vehicles lawfully 
     attempting to enter the United States, the Attorney General 
     and Secretary of the Treasury shall increase, by 
     approximately equal numbers in each of the fiscal years 1995 
     and 1996, the number of full-time land border inspectors 
     assigned to active duty by the Immigration and Naturalization 
     Service and the United States Customs Service to a level 
     adequate to assure full staffing of all border crossing lanes 
     now in use, under construction, or whose construction has 
     been authorized by Congress.
       (b) Deployment of Personnel.--The Attorney General and the 
     Secretary of the Treasury shall, to the maximum extent 
     practicable, ensure that the personnel hired pursuant to 
     subsection (a) shall be deployed among the various 
     Immigration and Naturalization Service sectors in proportion 
     to the number of land border crossings measured in each such 
     sector during the preceding fiscal year.

     SEC. 122. IMPROVEMENT OF BORDER CROSSING INFRASTRUCTURE.

       (a) Identification of Necessary Improvements.--Not later 
     than March 1, 1995, the Attorney General shall, in 
     consultation with the Secretary of the Treasury, identify 
     those physical improvements to the infrastructure of the 
     international land borders of the United States necessary to 
     expedite the inspection of persons and vehicles attempting to 
     lawfully enter the United States in accordance with existing 
     policies and procedures of the Immigration and Naturalization 
     Service, the United States Customs Service, and the Drug 
     Enforcement Agency.
       (b) Implementation of Recommendations.--Not later than 
     March 1, 1995, the Attorney General shall begin 
     implementation of the projects (or securing any necessary 
     approval) for the physical improvements referred to in 
     subsection (a). Such improvements to the infrastructure of 
     the land border of the United States shall be substantially 
     completed and fully funded in those portions of the country 
     where the Attorney General, in consultation with the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate, objectively determines the need to be 
     greatest before the Attorney General may obligate funds for 
     construction of any improvement otherwise located.

                   PART C--DETENTION AND DEPORTATION

     SEC. 131. 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 ``by reason of being a member of any of the 
     classes described in paragraph (2), (3), or (4) of section 
     241(a)'' the first time it appears and inserting ``by reason 
     of being a member of any of the classes described in section 
     212(a) or 241(a)''; and
       (2) by striking ``shall be imprisoned not more than ten 
     years'' and inserting ``shall be imprisoned not more than 4 
     years, except that if the alien is a member of any of the 
     classes described in paragraph (1)(E), (2), (3), or (4) of 
     section 241(a) then the alien shall be imprisoned not more 
     than 10 years''.
       (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 involving drugs, crimes against 
     the person, or both, or''; and
       (B) striking ``5'' and inserting ``10''; and
       (2) in paragraph (2), by striking ``15'' and inserting 
     ``20'', and
       (3) by adding at the end the following sentence:
     ``For the purposes of this subsection, the term `deportation' 
     includes any agreement in which 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 adding at the end the following new 
     subsection:
       ``(c) In any criminal proceeding under this section, an 
     alien may not challenge the validity of the deportation order 
     described in subsection (a)(1) or subsection (b) unless the 
     alien demonstrates that--
       ``(1) the alien has exhausted any administrative remedies 
     that may have been available to seek relief against such 
     order;
       ``(2) the deportation proceedings at which the order was 
     issued improperly deprived the alien of the opportunity for 
     judicial review; and
       ``(3) the entry of the order was fundamentally unfair.''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to offenses occurring after 
     the date of enactment of this Act.

     SEC. 132. CIVIL PENALTIES FOR FAILURE TO DEPART.

       (a) In General.--Section 274C of the Immigration and 
     Nationality Act (8 U.S.C. 1324c) is amended--
       (1) by amending the section heading to read as follows:


   ``PENALTIES FOR DOCUMENT FRAUD, FAILURE TO DEPART, AND FAILURE TO 
                          PRESENT DOCUMENTS'';

       (2) in subsection (a)--
       (A) by striking ``or'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(5) if such person is an alien--
       ``(A) to fail or refuse to depart from the United States by 
     the date that final, unappealable orders of exclusion and 
     deportation or deportation become effective against such 
     person; or
       ``(B) to fail or refuse to voluntarily depart the United 
     States by the date granted by the Attorney General in lieu of 
     a final, unappealable order of deportation,'';
       (3) in subsection (c), by inserting before the period the 
     following: ``or in section 237 or section 242 of this Act'';
       (4) in subsection (d)(3)--
       (A) by striking ``or'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``, or''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) up to $500 for each day that an alien is in violation 
     of subsection (a)(5)''; and
       (5) by inserting at the end the following new subsection:
       ``(e) Definition.--For the purposes of this section, the 
     term `final, unappealable order of deportation' means any 
     order of exclusion and deportation or deportation issued by 
     the Attorney General that has not been administratively or 
     judicially appealed within the deadlines established by this 
     Act or regulations thereunder, or any such order the judicial 
     appeal of which has been denied, and which denial has become 
     final.''.
       (b) Amendment to the Table of Contents.--The table of 
     contents for the Immigration and Nationality Act is amended 
     by amending the item relating to section 274C to read as 
     follows:

``Sec. 274C. Civil penalties for failure to depart.''.

       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to violations occurring after the date of 
     enactment of this Act.

     SEC. 133. 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 sentence precludes the Attorney General from 
     authorizing proceedings by electronic or telephonic media 
     (with the consent of the alien) or, where waived or agreed to 
     by the parties, in the absence of the alien''.

     SEC. 134. INTERIOR REPATRIATION AND MULTIPLE REENTRY 
                   DETERRENCE PILOT PROGRAM.

       (a) Establishment.--Not later than 120 days after the date 
     of enactment of this Act, the Attorney General, after 
     consultation with the Secretary of State, shall establish a 
     pilot program in the San Diego sector of the Immigration and 
     Naturalization Service for up to 2 years to test the 
     effectiveness of interior repatriation in deterring multiple 
     unauthorized entries by aliens into the United States.
       (b) Report.--Not later than 24 months after the date of 
     enactment of this Act, the Attorney General, together with 
     the Secretary of State, shall include a section in the annual 
     report required by section 148 of this Act on the operation 
     of the pilot program established by this section. Such report 
     shall include a recommendation as to whether the pilot 
     program or any part thereof should be extended or made 
     permanent.

     SEC. 135. JUDICIAL REVIEW.

       (a) In General.--Section 106(a) of such Act (8 U.S.C. 
     1105a(a)) is amended by amending paragraph (1) to read as 
     follows:
       ``(1)(A) a petition for review may be filed not later than 
     45 days after the date of the issuance of the final 
     deportation order, or, in the case of an alien convicted of 
     an aggravated felony, not later than 15 days after the 
     issuance of such order;
       ``(B) the alien shall serve and file a brief not later than 
     40 days after the date on which the administrative record is 
     available, and may serve and file a reply brief not later 
     than 14 days after service of the brief of the Attorney 
     General, except that the court may extend these deadlines 
     upon motion for good cause shown; and
       ``(C) if an alien fails to file a brief within the time 
     provided in this paragraph, the Attorney General may move to 
     dismiss the appeal, and the court shall grant such motion 
     unless a manifest injustice would result;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to appeals taken after the date of enactment of 
     this Act.

     SEC. 136. COMMUNICATIONS BETWEEN FEDERALLY FUNDED GOVERNMENT 
                   AGENCIES AND THE IMMIGRATION AND NATURALIZATION 
                   SERVICE.

       Notwithstanding any other provision of law, no Federal, 
     State, or local government entity receiving Federal funds 
     shall be prohibited or in any way restricted from 
     confidentially communicating with the Immigration and 
     Naturalization Service regarding the immigration status, 
     legal or illegal, of an alien in the United States.

        PART D--ENHANCED CRIMINAL ALIEN DEPORTATION AND TRANSFER

     SEC. 141. 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 (i) section 1956 of title 
     18, United States Code (relating to laundering of monetary 
     instruments) or (ii) section 1957 of such title (relating to 
     engaging in monetary transactions in property derived from 
     specific unlawful activity) if the value of the monetary 
     instruments or property exceeds $100,000;
       ``(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 the Internal Revenue Code of 1986 
     (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) which is punishable by imprisonment for 5 
     years or more;
       ``(G) any theft offense (including receipt of stolen 
     property) or any burglary offense, in which the value of the 
     property in question exceeds $10,000 and which is punishable 
     by imprisonment for 5 years or more;
       ``(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--
       ``(i) section 1962 of title 18, United States Code 
     (relating to racketeer influenced corrupt organizations); or
       ``(ii) section 1084 (if it is a second or subsequent 
     offense) or section 1955 of such title (relating to gambling 
     offenses),
     which is punishable by imprisonment for 5 years or more;
       ``(K) any offense relating to commercial bribery, 
     counterfeiting, forgery or trafficking in vehicles whose 
     identification numbers have been altered, which is punishable 
     by imprisonment for 5 years or more;
       ``(L) any offense that--
       ``(i) relates to the owning, controlling, managing or 
     supervising of a prostitution business;
       ``(ii) is described in section 2421, section 2422, or 
     section 2423 of title 18, United States Code (relating to 
     transportation for the purpose of prostitution) for 
     commercial advantage; or
       ``(iii) is described in sections 1581, 1582, 1583, 1584, 
     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 which is punishable by imprisonment for 5 years or 
     more;
       ``(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 601 of the National Security Act of 1947 (50 
     U.S.C. 421) (relating to protecting the identity of 
     undercover intelligence agents);
       ``(O) any offense that--
       ``(i) involves fraud or deceit in which the loss to the 
     victim or victims exceeded $200,000; or
       ``(ii) is described in section 7201 of the Internal Revenue 
     Code of 1986 (relating to tax evasion), in which the revenue 
     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 offense described in section 1546(a) of title 18, 
     United States Code (relating to document fraud), for the 
     purpose of commercial advantage;
       ``(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, which is punishable by imprisonment for 2 
     years or more; or
       ``(S) any attempt or conspiracy to commit an offense 
     described in this paragraph.

     The term `aggravated felony' 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 amendment made by this section 
     applies to convictions entered before, on, or after the date 
     of enactment of this Act.

     SEC. 142. 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--
       (1) in subsection (a)--
       (A) by striking ``(a) In General.--'' and inserting the 
     following:
       ``(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 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) by amending the section heading to read as follows:


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

       (b) Elimination of Administrative Hearing for Certain 
     Criminal Aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a), as amended by subsection 
     (a), is further 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 deportable under this subsection 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) No alien described in paragraph (2) shall be eligible 
     for any relief from deportation that may be granted in the 
     discretion of the Attorney General.
       ``(4) The Attorney General may not execute any order 
     described in paragraph (1) until 14 days have passed from the 
     date that such order was issued, unless waived by the alien, 
     in order to permit the alien 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(c)'' after ``under section 
     242(b)'';
       (2) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 
     242A(c))'' after ``aggravated felony''; and
       (3) by adding at the end the following new subsection:
       ``(d) Notwithstanding subsection (c), no court shall have 
     jurisdiction to hear a petition for review or for habeas 
     corpus on behalf of an alien described in section 242A(f) 
     except to determine whether the alien is in fact an alien, 
     and the individual alien, described in such section.''.
       (d) Amendment to Table of Contents.--The table of contents 
     of the Immigration and Nationality Act is amended by amending 
     the item relating to section 242A to read as follows:

``Sec. 242A. Expedited deportation of aliens convicted of aggravated 
              felonies.''.

       (e) 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. 143. JUDICIAL DEPORTATION.

       (a) Judicial Deportation.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a), as amended by section 
     142 of this Act, is further amended by adding 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 conclusively presumed to be 
     deportable under section 241(a)(2)(A)(iii) (relating to 
     conviction of an aggravated felony), but only 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, to the alien's counsel of record, and to 
     the Commissioner.
       ``(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 Attorney General 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 to 
     which the defendant is sentenced in accordance with the term 
     of the order.
       ``(B) As soon as is practicable after entry of a judicial 
     order of deportation, the Attorney General shall provide the 
     defendant with written notice of the order or deportation, 
     which shall designate the country to which the defendant 
     chooses to be deported and any alternate country selected 
     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 Amendment.--The ninth sentence of section 
     242(b) of the Immigration and Nationality Act (8 U.S.C. 
     1252(b)) is amended by striking ``The'' and inserting 
     ``Except as provided in section 242A(c) and 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. 144. 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 
     ``has served for such felony or felonies'' and all that 
     follows through the period and inserting ``has been sentenced 
     for such felony or felonies to a term or terms of 
     imprisonment of at least 5 years, if the time for appealing 
     such conviction or sentence has expired and the sentence has 
     become final.''.
       (b) Withholding of Deportation Defense.--Section 243(h)(2) 
     of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) the alien has been convicted of an aggravated 
     felony.''.

     SEC. 145. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

       No amendment made by this title, and nothing in section 
     242(i) of the Immigration and Nationality Act (8 U.S.C. 
     1252(i)), may be construed to create any substantive or 
     procedural right or benefit that is legally enforceable by 
     any party against the United States, its agencies or 
     officers, or against any other person.

     SEC. 146. NEGOTIATIONS FOR INTERNATIONAL AGREEMENTS.

       (a) Negotiations With Other Countries.--The Secretary of 
     State, together with the Attorney General, may enter into an 
     agreement with any foreign country providing for the 
     incarceration in that country of any individual who--
       (1) is a national of that country; and
       (2) is an alien who--
       (A) is not in lawful immigration status in the United 
     States, or
       (B) on the basis of conviction of a criminal offense under 
     Federal or State law, or on any other basis, is subject to 
     deportation under the Immigration and Nationality Act,

     for the duration of the prison term to which the individual 
     was sentenced for the offense referred to in subparagraph 
     (B). Any such agreement may provide for the release of such 
     individual pursuant to parole procedures of that country.
       (b) Priority.--In carrying out subsection (a), the 
     Secretary of State should give priority to concluding an 
     agreement with any country for which the President determines 
     that the number of individuals described in subsection (a) 
     who are nationals of that country in the United States 
     represents a significant percentage of all such individuals 
     in the United States.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 147. DENIAL OF DISCRETIONARY RELIEF TO ALIENS CONVICTED 
                   OF AGGRAVATED FELONIES.

       (a) Ineligibility for Suspension of Deportation.--Section 
     244 of the Immigration and Nationality Act (8 U.S.C. 1254) is 
     amended by adding at the end the following new subsection:
       ``(g) Suspension of deportation and adjustment of status 
     under subsection (a)(2) shall not be available to any alien 
     who has been convicted of an aggravated felony.''.
       (b) Application of Exclusion for Drug Offenses.--Section 
     212(h) of the Immigration and Nationality Act (8 U.S.C. 
     1182(h)) is amended in the second sentence by inserting ``or 
     any other aggravated felony'' after ``torture''.
       (c) Adjustment of Status; Change of Nonimmigrant 
     Classification.--(1) Section 245(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(c)) is amended--
       (A) by striking ``or'' after ``section 212(d)(4)(C)''; and
       (B) by inserting ``; or (5) an alien who has been convicted 
     of an aggravated felony'' immediately after ``section 217''.
       (2) Section 248 of such Act (8 U.S.C. 1258) is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) an alien convicted of an aggravated felony.''.

     SEC. 148. ANNUAL REPORT.

       Not later than 12 months after the date of enactment of 
     this Act, and annually thereafter, the Attorney General shall 
     submit to the Committees on the Judiciary of the House of 
     Representatives and of the Senate a report detailing--
       (1) the number of illegal aliens incarcerated in Federal 
     and State prisons for having committed felonies;
       (2) programs and plans underway in the Department of 
     Justice to ensure the prompt removal from the United States 
     of criminal aliens subject to exclusion or deportation; and
       (3) methods for identifying and preventing the unlawful 
     reentry of aliens who have been convicted of criminal 
     offenses in the United States and removed from the United 
     States.

     SEC. 149. USE OF LEGALIZATION INFORMATION FOR CRIMINAL 
                   PROSECUTION PURPOSES.

       (a) Confidentiality of Information.--Section 245A(c)(5)(C) 
     (8 U.S.C. 1255a(c)(5)(C)) is amended by amending the text 
     after subparagraph (C) to read as follows:

     ``except that the Attorney General shall provide information 
     furnished under this section when such information is 
     requested in writing by a duly recognized law enforcement 
     entity in connection with a criminal investigation or 
     prosecution, or to an official coroner for purposes of 
     affirmatively identifying a deceased individual, whether or 
     not such individual is deceased as a result of a crime, or 
     the Attorney General may provide, in the Attorney General's 
     discretion, for the furnishing of information furnished under 
     this section in the same manner and circumstances as census 
     information may be disclosed by the Secretary of Commerce 
     under section 8 of title 13, United States Code. Anyone who 
     uses, publishes, or permits information to be examined in 
     violation of this paragraph shall be fined in accordance with 
     title 18, United States Code, or imprisoned not more than 
     five years, or both.''.
       (b) Special Agricultural Workers.--Section 210(b)(6)(C) (8 
     U.S.C. 1160(b)(6)(C)) is amended--
       (1) by striking the period at the end of subparagraph (C) 
     and inserting a comma; and
       (2) by adding in full measure margin after subparagraph (C) 
     the following: ``except that the Attorney General shall 
     provide information furnished under this section when such 
     information is requested in writing by a duly recognized law 
     enforcement entity in connection with a criminal 
     investigation or prosecution, or to an official coroner for 
     purposes of affirmatively identifying a deceased individual, 
     whether or not such individual is deceased as a result of a 
     crime.''.
       (c) Effective Date.--The criminal penalty added by 
     subsection (a) shall apply to offenses occurring after the 
     date of enactment of this Act.
           TITLE II--ILLEGAL IMMIGRATION INCENTIVE REDUCTION

                    PART A--PUBLIC BENEFITS CONTROL

     SEC. 211. INELIGIBILITY FOR CERTAIN DIRECT FEDERAL BENEFITS.

       (a) Direct Financial Assistance or Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law, an unlawful alien (as defined in subsection (d)(2)) 
     shall not be eligible to receive any direct financial 
     assistance or benefits under any Federal program, except--
       (A) emergency medical services under title XIX of the 
     Social Security Act,
       (B) short-term emergency disaster relief,
       (C) assistance or benefits under the National School Lunch 
     Act,
       (D) assistance or benefits under the Child Nutrition Act of 
     1966, and
       (E) public health assistance for immunizations with respect 
     to immunizable diseases and for testing and treatment for 
     communicable diseases.
       (2) Notification of aliens.--The Federal agency 
     administering a program referred to in paragraph (1) shall, 
     directly or through the States, notify any unlawful alien who 
     is receiving benefits under the program on the date of the 
     enactment of this Act and whose eligibility for the program 
     is terminated by reason of this subsection.
       (b) Unemployment Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law, an alien shall not be eligible to receive any portion of 
     unemployment benefits payable out of Federal funds.
       (2) Limited exception for lawful aliens.--Paragraph (1) 
     shall not apply to any lawful alien (as defined in subsection 
     (d)(1)) who has been granted employment authorization 
     pursuant to Federal law if the unemployment benefits are 
     attributable to the authorized employment.
       (c) Housing Assistance Programs.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Housing and Urban Development shall submit a report to the 
     Committees on the Judiciary of the Senate and House of 
     Representatives, the Committee on Banking, Housing, and Urban 
     Affairs of the Senate, and the Committee on Banking, Finance 
     and Urban Affairs of the House of Representatives describing 
     the manner in which the Secretary is enforcing section 214 of 
     the Housing and Community Development Act of 1980 and 
     containing statistics with respect to the number of 
     individuals denied financial assistance under such section.
       (d) Definitions.--For the purposes of this section--
       (1) Lawful alien.--The term ``lawful alien'' means an 
     individual who is
       (A) an alien lawfully admitted to the United States for 
     permanent residence,
       (B) an asylee,
       (C) a refugee,
       (D) an alien whose deportation has been withheld under 
     section 243(h) of the Immigration and Nationality Act,
       (E) a parolee who has been paroled for a period of 1 year 
     or more, or
       (F) a Chinese national described in section 2(b) of the 
     Chinese Student Protection Act of 1992 (Public Law 102-404) 
     who, as of the date of enactment of this Act, has applied for 
     adjustment of status in accordance with Public Law 102-404.
       (2) Unlawful alien.--The term ``unlawful alien'' means an 
     individual who is not--
       (A) a United States citizen; or
       (B) a lawful alien.
       (e) Effective Date.--The provisions of this section shall 
     apply to benefits received after the date of the enactment of 
     this Act.

     SEC. 212. LIMITS ON BENEFITS TO SPONSORED IMMIGRANTS.

       (a) In General.--Notwithstanding any other provision of 
     law, in determining eligibility for, and the amount of direct 
     financial benefits of, a lawful sponsored alien under Federal 
     benefit programs such as Aid to Families with Dependent 
     Children, Supplemental Security Income, and Food Stamps, the 
     income and resources of the alien shall include--
       (1) the income and resources of any person who, as a 
     sponsor of such alien's entry into the United States, entered 
     into a binding contract of support with respect to such 
     alien, and
       (2) the income and resources of such sponsor's spouse.

     The preceding sentence shall apply until such time as the 
     sponsored alien achieves United States citizenship.
       (b) Extenuating Circumstances.--The income and resources of 
     the sponsor and his or her spouse shall no longer be included 
     in determining the eligibility of a sponsored lawful alien 
     for Federal benefits when--
       (1) the sponsor becomes impoverished, bankrupt, or dies, or
       (2) the sponsored lawful immigrant becomes blind or 
     disabled after entry into the United States.
       (c) Exemptions.--For the purposes of this section, the 
     following groups of lawful sponsored immigrants and Federal 
     benefit programs are exempted:
       (1) Refugees, asylees, and other lawful aliens who are not 
     sponsored.
       (2) Public education, Medicaid, child nutrition, child 
     immunization, and other public health programs.
       (d) Prospective Effect.--This section shall only affect 
     initial applications for Federal benefits that are received 
     after the effective date.
       (e) Effective Date.--This section shall take effect 90 days 
     after enactment of this Act.

     SEC. 213. SPONSORSHIP ENHANCEMENT.

       (a) If otherwise admissible, an alien who is excludable 
     under paragraph (4) of section 212(a) of the Immigration and 
     Nationality Act and has not given a suitable bond (as 
     described in the previous section 213 of the Immigration and 
     Naturalization Act [8 U.S.C. 1183]) can only be admitted when 
     sponsored by an individual (hereafter referred to in this 
     section as the alien's ``sponsor'') entering into a legally 
     binding contract that guarantees financial responsibility for 
     the alien until he or she becomes a United States citizen.
       (b) Such a contract with respect to the admission into the 
     United States of an alien under the Immigration and 
     Naturalization Act shall provide--
       (1) that the sponsor shall be liable for the costs incurred 
     by any Federal, State, or political subdivision of a State 
     for general public cash assistance provided to such alien; 
     and
       (2) that this responsibility will continue until the date 
     on which the alien becomes a citizen of the United States.
       (c) In the case of cash benefits which are provided to 
     lawful sponsored immigrants who are ineligible for public 
     assistance under section 212 of this Act, the binding 
     contract referred to in section 213(a) of this Act may be 
     enforced with respect to an alien against the alien's sponsor 
     in a civil suit brought by the Attorney General or a State or 
     political subdivision of a State in the United States 
     district court for the district in which the sponsor resides 
     for the recovery of the costs incurred by any Federal, State, 
     or political subdivision of a State in providing general cash 
     public assistance provided to such alien for which the 
     sponsor agreed to be liable under such a contract.
       (d) The sponsor or the sponsor's estate shall not be liable 
     if the sponsor dies, becomes impoverished due to unforeseen 
     circumstances (as defined by eligibility for Federal 
     assistance), or is adjudicated a bankrupt under title 11, 
     United States Code.
       (e) The requirements and powers of this section shall apply 
     only to initial sponsorship-based applications for legal 
     admission into the United States received after the effective 
     date of this section.
       (f) This provision shall take effect 90 days after the date 
     of enactment of this Act
       (g) The admitting agencies shall record the use of 
     sponsorship by immigrant to meet the public charge test for 
     admission to the United States set forth in paragraph (4) of 
     section 212(a) of the Immigration and Naturalization Act.

     SEC. 214. AUTHORITY TO STATES AND LOCALITIES TO LIMIT 
                   ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG 
                   CLASSES OF ALIENS IN PROVIDING GENERAL PUBLIC 
                   ASSISTANCE.

       (a) In General.--Subject to subsection (b) and 
     notwithstanding any other provision of law, a State or local 
     government may prohibit or otherwise limit or restrict the 
     eligibility of aliens or classes of aliens for programs of 
     general cash public assistance furnished under the law of the 
     State or a political subdivision of a State.
       (b) Limitation.--The authority under subsection (a) may be 
     exercised only to the extent that any prohibitions, 
     limitations, or restrictions are not inconsistent with the 
     eligibility requirements for comparable Federal programs or 
     are less restrictive. For the purposes of this section, 
     attribution to an alien of a sponsor's income and resources 
     for purposes of determining the eligibility for and amount of 
     benefits of an alien shall be considered less restrictive 
     than a prohibition of eligibility.

                   PART B--EMPLOYER SANCTIONS SUPPORT

     SEC. 221. ADDITIONAL IMMIGRATION AND NATURALIZATION SERVICE 
                   INVESTIGATORS.

       (a) Investigators.--The Attorney General is authorized to 
     hire for fiscal years 1995 and 1996 such additional 
     investigators and staff as may be necessary to aggressively 
     enforce existing sanctions against employers who employ 
     workers in the United States illegally or who are otherwise 
     ineligible to work in this country.
       (b) Limitation on Overtime.--None of the funds made 
     available to the Immigration and Naturalization Service under 
     this section shall be available for administrative expenses 
     to pay any employee overtime pay in an amount in excess of 
     $25,000 for any fiscal year.

                  PART C--ENHANCED WAGE AND HOUR LAWS

     SEC. 231. INCREASED PERSONNEL LEVELS FOR THE LABOR 
                   DEPARTMENT.

       (a) Investigators.--The Secretary of Labor, in consultation 
     with the Attorney General, is authorized to hire in the Wage 
     and Hour Division of the Department of Labor for fiscal years 
     1995 and 1996 such additional investigators and staff as may 
     be necessary to aggressively enforce existing legal sanctions 
     against employers who violate current Federal wage and hour 
     laws.
       (b) Assignment of Additional Personnel.--Individuals 
     employed to fill the additional positions described in 
     subsection (a) shall be assigned to investigate violations of 
     wage and hour laws in areas where the Attorney General has 
     notified the Secretary of Labor that there are high 
     concentrations of aliens present in the United States in 
     violation of law.

     SEC. 232. INCREASED NUMBER OF ASSISTANT UNITED STATES 
                   ATTORNEYS.

       The Attorney General is authorized to hire for fiscal years 
     1995 and 1996 such additional Assistant United States 
     Attorneys as may be necessary to prosecute actions brought 
     under this Act, or intended to directly further Congress' 
     intention to preclude and deter illegal immigration.

                   PART D--AUTHORIZATION VERIFICATION

     SEC. 241. WORK AUTHORIZATION VERIFICATION.

       The Attorney General, together with the Secretary of Health 
     and Human Services, shall develop and implement a 
     counterfeit-resistant system to verify work eligibility and 
     federally-funded public assistance benefits eligibility for 
     all persons within the United States. If the system developed 
     includes a document (designed specifically for use for this 
     purpose), that document shall not be used as a national 
     identification card, and the document shall not be required 
     to be carried or presented by any person except at the time 
     of application for federally funded public assistance 
     benefits or to comply with employment eligibility 
     verification requirements.
          TITLE III--ENHANCED SMUGGLING CONTROL AND PENALTIES

     SEC. 301. INCREASED PENALTIES FOR ALIEN SMUGGLING.

       Section 274(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by striking the comma at the end of subparagraph (D) 
     and all that follows through the period and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(E) engages in any conspiracy to commit any of the 
     preceding acts, or aids or abets the commission of any of the 
     preceding acts,

     shall be fined under title 18, United States Code, and shall 
     be imprisoned not less than 3 years nor more than 10 years, 
     for each alien with respect to whom any violation of this 
     paragraph occurs.''; and
       (2) by adding at the end the following new paragraphs:
       ``(3) Any person who, in the commission of an act described 
     in paragraph (1), willfully subjects any alien to a 
     substantial risk of death or serious bodily harm shall be 
     subject to a term of imprisonment of not less than 3 years 
     nor more than 10 years in addition to any term of 
     imprisonment imposed under that paragraph.
       ``(4) Any person who in the perpetration of, or in the 
     attempt to perpetrate, any violation of paragraph (1), causes 
     the death of an alien shall be subject to the penalty of 
     death, or life imprisonment, subject to appropriate 
     procedures under chapter 228 of title 18, United States 
     Code.''.

     SEC. 302. DEATH PENALTY PROCEDURES.

       Title 18, United States Code, is amended by inserting after 
     chapter 227 the following new chapter:

``CHAPTER 228--DEATH PENALTY PROCEDURES RELATING TO SMUGGLING OF ALIENS

``Sec.
``3591. Sentence of death relating to the smuggling of aliens.

     ``Sec. 3591. Sentence of death relating to the smuggling of 
       aliens

       ``A sentence of death for a violation of section 274(a)(4) 
     of the Immigration and Nationality Act may be imposed only 
     if--
       ``(1) the defendant caused the death of a person 
     intentionally or knowingly, or caused the death of a person 
     through the intentional infliction of serious bodily injury; 
     and
       ``(2) the sentence is imposed in accordance with the 
     procedures set forth in section 408 (g), (h), (i), (j), (k), 
     (l), (m), (n), (o), (p), (q), and (r) of the Controlled 
     Substances Act (21 U.S.C. 848 (g), (h), (i), (j), (k), (l), 
     (m), (n), (o), (p), (q), and (r)), except that for the 
     purposes of a violation of that law, the references to ``this 
     section'' in section 408(g) and (h)(1) and ``subsection (e)'' 
     in section 408(i)(1), (j), (k) (each place it appears), and 
     (p) of the Controlled Substances Act shall be deemed to be 
     references to section 274(a)(4) of that Act. No rule of law, 
     including a rule contained in a law under which an offense is 
     committed, may be applied in determining whether a penalty of 
     death shall be imposed in a particular case, other than those 
     procedures. Those procedures supersede all other provisions 
     of law that pertain to whether a penalty of death shall be 
     imposed in any particular case (not including the 
     authorization of the penalty itself).''.

     SEC. 303. SMUGGLING ALIENS FOR COMMISSION OF CRIMES.

       Section 274(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)(2)) is amended--
       (1) in subparagraph (B)--
       (A) by striking ``or'' at the end of clause (ii);
       (B) by redesignating clause (iii) as clause (iv); and
       (C) by inserting after clause (ii) the following:
       ``(iii) an offense committed with the intent or with reason 
     to believe that the alien unlawfully brought into the United 
     States will commit an offense against the United States or 
     any State punishable by imprisonment for more than 1 year, 
     including violations of or attempted violations of or aiding 
     and abetting violations of or conspiring to violate the 
     Controlled Substances Act (21 U.S.C. 801 et seq.) or laws 
     against prostitution, importation of aliens for immoral 
     purposes, trafficking in firearms, money laundering, gang 
     activities, kidnapping or ransom demands, fraudulent 
     documents, or extortion, the smuggling of known or suspected 
     terrorists or persons involved in organized crime if offenses 
     against such laws are punishable by imprisonment for more 
     than 1 year,''; and
       (2) at the end thereof, by striking ``be fined'' and all 
     that follows through the period and inserting the following: 
     ``be fined under title 18, United States Code, and shall be 
     imprisoned not less than 3 years nor more than 10 years.''.

     SEC. 304. ADDING ALIEN SMUGGLING TO RICO.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' after ``law of the United States,'';
       (2) by inserting ``or'' at the end of clause (E); and
       (3) by adding at the end the following:
       ``(F) any act in violation of section 1028, 1542, or 1546 
     of this title for personal financial gain and section 274, 
     277, or 278 of the Immigration and Nationality Act.''.

     SEC. 305. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING 
                   ILLEGAL ALIENS.

       Section 274 of the Immigration and Nationality Act (8 
     U.S.C. 1324(b)) is amended--
       (1) by amending subsection (b)(1) to read as follows:
       ``(b) Seizure and Forfeiture.--(1) Any property, real or 
     personal, which facilitates or is intended to facilitate, or 
     which has been used in or is intended to be used in the 
     commission of a violation of subsection (a) or of section 
     274A(a)(1) or 274A(a)(2), or which constitutes or is derived 
     from or traceable to the proceeds obtained directly or 
     indirectly from a commission of a violation of subsection (a) 
     or of section 274A(a)(1) or 274A(a)(2), shall be subject to 
     seizure and forfeiture, except that--
       ``(A) no property, used by any person as a common carrier 
     in the transaction of business as a common carrier shall be 
     forfeited under the provisions of this section unless it 
     shall appear that the owner or other person in charge of such 
     property was a consenting party or privy to the illegal act;
       ``(B) no property shall be forfeited under the provisions 
     of this section by reason of any act or omission established 
     by the owner thereof to have been committed or omitted by any 
     person other than such owner while such 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; and
       ``(C) no property shall be forfeited under this paragraph 
     to the extent of an interest of any owner, by reason of any 
     act or omission established by that owner to have been 
     committed or omitted without the knowledge or consent of the 
     owner, unless such action or omission was committed by an 
     employee or agent of the owner, and facilitated or was 
     intended to facilitate, or was used in or intended to be used 
     in, the commission of a violation of subsection (a) or of 
     section 274A(a)(1) or 274A(a)(2) which was committed by the 
     owner or which was intended to further the business interests 
     of the owner, or to confer any other benefit upon the 
     owner.'';
       (2) in paragraph (2)--
       (A) by striking ``conveyance'' both places it appears and 
     inserting ``property''; and
       (B) by striking ``is being used in'' and inserting ``is 
     being used in, is facilitating, has facilitated, or was 
     intended to facilitate'';
       (3) in paragraph (3)--
       (A) by inserting ``(A)'' immediately after ``(3)'', and
       (B) by adding at the end the following:
       ``(B) Before the seizure of any real property pursuant to 
     this section, the Attorney General shall provide notice and 
     an opportunity to be heard to the owner of the property. The 
     Attorney General shall prescribe such regulations as may be 
     necessary to carry out this subparagraph.'';
       (4) in paragraphs (4) and (5) by striking ``a conveyance'' 
     and ``conveyance'' each place such phrase or word appears and 
     inserting ``property''; and
       (5) in paragraph (4) by--
       (A) striking ``or'' at the end of subparagraph (C),
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; or'', and
       (C) by inserting at the end the following new subparagraph:
       ``(E) transfer custody and ownership of forfeited property 
     to any Federal, State, or local agency pursuant to section 
     616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)).''.

     SEC. 306. WIRETAP AUTHORITY FOR ALIEN SMUGGLING 
                   INVESTIGATIONS.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) in paragraph (c), by inserting after ``trains)'' 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 ``or'' after paragraph (l);
       (3) by redesignating paragraphs (m), (n), and (o) as 
     paragraphs (n), (o), and (p), respectively; and
       (4) by inserting after paragraph (l) the following new 
     paragraph:
       ``(m) a violation of section 274, 277, or 278 of the 
     Immigration and Nationality Act (relating to the smuggling of 
     aliens);''.

     SEC. 307. EFFECTIVE DATE.

       The amendments made by this title shall apply to offenses 
     occurring after the date of enactment of this Act.
            TITLE IV--ADMISSIONS AND DOCUMENT FRAUD CONTROL

                   PART A--PORT OF ENTRY INSPECTIONS

     SEC. 411. RESTRICTIONS ON ADMISSIONS FRAUD.

       (a) Exclusion for Fraudulent Documents or Failure To 
     Present Documents.--Section 212(a)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended--
       (1) by striking ``(C) Misrepresentation'' and inserting the 
     following:
       ``(C) Fraud, Misrepresentation, and Failure to Present 
     Documents''; and
       (2) by adding at the end the following new clause:
       ``(iii) Fraud, misrepresentation, and failure to present 
     documents.--
       ``(I) Any alien who, in seeking entry to the United States 
     or boarding a common carrier for the purpose of coming to the 
     United States presents any document which, in the 
     determination of the immigration officer, is forged, 
     counterfeit, altered, falsely made, stolen, or inapplicable 
     to the person presenting the document, or otherwise contains 
     a misrepresentation of a material fact, is excludable.
       ``(II) Any alien who is required to present a document 
     relating to the alien's eligibility to enter the United 
     States prior to boarding a common carrier for the purpose of 
     coming to the United States and who fails to present such 
     document to an immigration officer upon arrival at a port of 
     entry into the United States is excludable.''.
       (b) Provision for Asylum and Other Discretionary Relief.--
     (1) Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following 
     new subsection:
       ``(e)(1) Notwithstanding subsection (a), any alien who, in 
     seeking entry to the United States or boarding a common 
     carrier for the purpose of coming to the United States, 
     presents any document which, in the determination of the 
     immigration officer, is fraudulent, forged, stolen, or 
     inapplicable to the person presenting the document, or 
     otherwise contains a misrepresentation of a material fact, 
     may not apply for or be granted asylum, unless presentation 
     of the document was pursuant to direct departure from a 
     country in which the alien has a credible fear of persecution 
     or of return to persecution.
       ``(2) Notwithstanding subsection (a), an alien who boards a 
     common carrier for the purpose of coming to the United States 
     through the presentation of any document which relates or 
     purports to relate to the alien's eligibility to enter the 
     United States, and who fails to present such document to an 
     immigration officer upon arrival at a port of entry into the 
     United States, may not apply for or be granted asylum, unless 
     presentation of such document was pursuant to direct 
     departure from a country in which the alien has a credible 
     fear of persecution or of return to persecution.
       ``(3) Notwithstanding subsection (a), an alien described in 
     section 235(d)(3) may not apply for or be granted asylum, 
     unless the person departed directly from a country in which 
     the alien has a credible fear of persecution or of return to 
     persecution.
       ``(4) Notwithstanding paragraphs (1), (2), and (3), the 
     Attorney General may, in the Attorney General's sole 
     discretion, permit an alien described in paragraphs (1), (2), 
     or (3) to apply for asylum.
       ``(5)(A) When an immigration officer has determined that an 
     alien has sought entry under either of the circumstances 
     described in paragraph (1) or (2) or is an alien described in 
     section 235(d)(3) and the alien has indicated a desire to 
     apply for asylum, the immigration officer shall refer the 
     matter to an asylum officer who shall interview the alien to 
     determine whether presentation of the document was pursuant 
     to direct departure from a country in which the alien has a 
     credible fear of persecution or of return to persecution, or 
     in the case of an alien described in section 235(d)(3), 
     whether the alien had directly departed from such a country.
       ``(B) If the officer determines that the alien does not 
     have a credible fear of persecution or of return to 
     persecution in the country in which the alien was last 
     present prior to attempting entry into the United States or 
     arriving in the United States or a port of entry under the 
     circumstances described in section 235(d)(3), the alien may 
     be specially excluded and deported in accordance with section 
     235(e).
       ``(C) The Attorney General shall provide by regulation for 
     the prompt supervisory review of a determination under 
     subparagraph (B) that an alien does not have a credible fear 
     of persecution or of return to persecution in the country in 
     which the alien was last present.
       ``(D) The Attorney General shall provide information 
     concerning the credible fear determination process described 
     in this paragraph to persons who may be eligible for that 
     process under the provisions of this subsection. An alien who 
     is eligible for a credible fear determination pursuant to 
     subparagraph (A) may consult with a person or persons of his 
     or her choosing prior to the credible fear determination 
     process or any review thereof, according to regulations 
     prescribed by the Attorney General. Such consultation shall 
     be at no expense to the Government and shall not unduly delay 
     the process.
       ``(6) As used in this section, the term `credible fear of 
     persecution or of return to persecution' means--
       ``(A) it is more probable than not that the statements made 
     by the alien in support of his or her claim are true; and
       ``(B) there is a significant danger that the alien would be 
     returned to a country in which the alien would have a 
     credible fear of persecution.
       ``(7) As used in this subsection, the term `asylum officer' 
     means a person who--
       ``(A) has had professional training in country conditions, 
     asylum law, and interview techniques;
       ``(B) has been employed for at least one year in a position 
     the primary responsibility of which is the adjudication of 
     asylum claims; and
       ``(C) is supervised by an officer who meets conditions in 
     subparagraphs (A) and (B).''.
       (2) Section 235 of the Immigration and Nationality Act (8 
     U.S.C. 1225) is amended by adding at the end the following 
     new subsection:
       ``(d)(1) Subject to paragraph (2), any alien who has not 
     been admitted to the United States, and who is excludable 
     under section 212(a)(6)(C)(iii), or who is an alien described 
     in paragraph (3), is ineligible for withholding of 
     deportation pursuant to section 243(h), and may not apply 
     therefor or for any other relief under this Act, except that 
     an alien found to have a credible fear of persecution or of 
     return to persecution in accordance with section 208(e) shall 
     be taken before a special inquiry officer for exclusion 
     proceedings in accordance with section 236 and may apply for 
     asylum, withholding of deportation, or both, in the course of 
     such proceedings.
       ``(2) An alien described in paragraph (1) who has been 
     found ineligible to apply for asylum under section 208(e) may 
     be returned under the provisions of this section only to a 
     country in which he or she has no credible fear of 
     persecution or of return to persecution. If there is no 
     country to which the alien can be returned in accordance with 
     the provisions of this paragraph, the alien shall be taken 
     before a special inquiry officer for exclusion proceedings in 
     accordance with section 236 and may apply for asylum, 
     withholding of deportation, or both, in the course of such 
     proceedings.
       ``(3) Any alien who is excludable under section 212(a), and 
     who has been brought or escorted under the authority of the 
     United States--
       ``(A) into the United States, having been on board a vessel 
     encountered seaward of the territorial sea by officers of the 
     United States, or
       ``(B) to a port of entry, having been on board a vessel 
     encountered within the territorial sea or internal waters of 
     the United States,

     shall either be detained on board the vessel on which such 
     person arrived or in such facilities as are designated by the 
     Attorney General or paroled in the discretion of the Attorney 
     General pursuant to section 212(d)(5) pending accomplishment 
     of the purpose for which the person was brought or escorted 
     into the United States or to the port of entry, except that 
     no alien shall be detained on board a public vessel of the 
     United States without the concurrence of the head of the 
     department under whose authority the vessel is operating.''.
       (3) Section 237(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1227(a)) is amended--
       (A) in the second sentence of paragraph (1) by striking 
     ``Deportation'' and inserting ``Subject to section 235(d)(2), 
     deportation''; and
       (B) in the first sentence of paragraph (2) by striking 
     ``If'' and inserting ``Subject to section 235(d)(2), if''.

     SEC. 412. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMISSIONS 
                   FRAUD.

       Section 235 of the Immigration and Nationality Act (8 
     U.S.C. 1225), as amended by section 311(b)(2), is further 
     amended by adding at the end the following new subsection:
       ``(e)(1) Subject to paragraph (d)(2), any alien (including 
     an alien crewman) who--
       ``(A) may appear to the examining immigration officer or to 
     the special inquiry officer during the examination before 
     either of such officers to be excludable under section 
     212(a)(6)(C)(iii) of the Immigration and Nationality Act may 
     be ordered specially excluded and deported by the Attorney 
     General, either by a special inquiry officer or otherwise; or
       ``(B) was brought to the United States pursuant to 
     subsection (d)(3) and who may appear to an examining 
     immigration officer to be excludable may be ordered specially 
     excluded and deported by the Attorney General without any 
     further inquiry, either by a special inquiry officer or 
     otherwise.
       ``(2) Such special exclusion order is not subject to 
     administrative appeal, except that the Attorney General shall 
     provide by regulation for prompt review of such an order 
     against an applicant who claims to have been lawfully 
     admitted for permanent residence. A special exclusion order 
     entered in accordance with the provisions of this subsection 
     shall have the same effect as if the alien had been ordered 
     excluded and deported pursuant to section 236, except that 
     judicial review of such an order shall be available only 
     under section 106.
       ``(3) Nothing in this subsection shall be regarded as 
     requiring an inquiry before a special inquiry officer in the 
     case of an alien crewman.''.

     SEC. 413. JUDICIAL REVIEW.

       (a) Preclusion of Judicial Review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (1) by amending the section heading to read as follows: 
     ``judicial review of orders of deportation and exclusion, and 
     special exclusion''; and
       (2) by adding at the end the following new subsection:
       ``(d)(1) Notwithstanding any other provision of law, and 
     except as provided in this subsection, no court shall have 
     jurisdiction to review any individual determination, or to 
     entertain any other cause or claim, arising from or relating 
     to the implementation or operation of sections 208(e), 
     212(a)(6)(C)(iii), 235(d), and 235(e). Regardless of the 
     nature of the action or claim, or the party or parties 
     bringing the action, no court shall have jurisdiction or 
     authority to enter declaratory, injunctive, or other 
     equitable relief not specifically authorized in this 
     subsection, nor to certify a class under Rule 23 of the 
     Federal Rules of Civil Procedure.
       ``(2) Judicial review of any cause, claim, or individual 
     determination covered under paragraph (d)(1) shall only be 
     available in habeas corpus proceedings, and shall be limited 
     to determinations of--
       ``(A) whether the petitioner is an alien, if the petitioner 
     makes a showing that his or her claim of United States 
     nationality is not frivolous;
       ``(B) whether the petitioner was ordered specially 
     excluded; and
       ``(C) whether the petitioner can prove by a preponderance 
     of the evidence that he or she is an alien lawfully admitted 
     for permanent residence and is entitled to such further 
     inquiry as is prescribed by the Attorney General pursuant to 
     section 235(e)(2).
       ``(3) In any case where the court determines that an alien 
     was not ordered specially excluded, or was not properly 
     subject to special exclusion under the regulations adopted by 
     the Attorney General, the court may order no relief beyond 
     requiring that the alien receive a hearing in accordance with 
     section 236, or a determination in accordance with section 
     235(c) or 273(d). Any alien excludable under section 
     212(a)(6)(C)(iii) who receives a hearing under section 236, 
     whether by order of court or otherwise, may thereafter obtain 
     judicial review of any resulting final order of exclusion 
     pursuant to subsection (b).
       ``(4) In determining whether an alien has been ordered 
     specially excluded, the court's inquiry shall be limited to 
     whether such an order was in fact issued and whether it 
     relates to the petitioner. There shall be no review of 
     whether the alien is actually excludable under section 
     212(a)(6)(C)(iii) or entitled to any relief from 
     exclusion.''.
       (b) Preclusion of Collateral Attacks.--Section 235 of the 
     Immigration and Nationality Act (8 U.S.C. 1225), as amended 
     by sections 311(b)(2) and 312, is further amended by adding 
     at the end the following new subsection:
       ``(f) In any action brought for the assessment of penalties 
     for improper entry or re-entry of an alien under sections 275 
     and 276 of the Immigration and Nationality Act, no court 
     shall have jurisdiction to hear claims collaterally attacking 
     the validity of orders of exclusion, special exclusion, or 
     deportation entered under sections 235, 236, and 242 of the 
     Immigration and Nationality Act.''.

     SEC. 414. EFFECTIVE DATE.

       The amendments made by this title shall be effective upon 
     the day after the date of enactment of this Act, and shall 
     apply to aliens who arrive in or seek admission to the United 
     States after such date. Notwithstanding any other provision 
     of law, the Attorney General may issue interim final 
     regulations to implement the provisions of such amendments at 
     any time after the date of enactment of this Act, which 
     regulations may become effective upon publication without 
     prior notice or opportunity for public comment.

                       PART B--ENHANCED PENALTIES

     SEC. 421. INCREASED PENALTIES FOR DOCUMENT FRAUD.

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

     SEC. 422. PENALTIES FOR FAILURE TO DISCLOSE ROLE AS PREPARER 
                   OF FRAUDULENT DOCUMENTS.

       (a) Activities Prohibited.--Section 274C(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324c(a)) is 
     amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period and inserting ``, or'' at the 
     end of paragraph (4); and
       (3) by adding at the end the following new paragraph:
       ``(5) in reckless disregard of the fact that the 
     information is false or does not relate to the applicant, to 
     prepare, to file, or to assist another in preparing or 
     filing, documents which are falsely made (including but not 
     limited to documents which contain false information, contain 
     material misrepresentations, or information which does not 
     relate to the applicant) for the purpose of satisfying a 
     requirement of this Act.''.
       (b) Conforming Amendments For Civil Penalties.--Section 
     274C(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324c(d)(3)) is amended by striking ``each document used, 
     accepted, or created and each instance of use, acceptance, or 
     creation'' each of the two places it appears and inserting 
     ``each instance of a violation under subsection (a)''.
       (c) Criminal Penalties for Failure To Disclose Role as 
     Document Preparer.--Section 274C of the Immigration and 
     Nationality Act (8 U.S.C. 1324c) is amended by adding at the 
     end the following new subsection:
       ``(e) Criminal Penalties for Failure To Disclose Role as 
     Document Preparer.--(1) Whoever, in any matter within the 
     jurisdiction of the Service under section 208 of this Act, 
     knowingly and willfully fails to disclose, conceals, or 
     covers up the fact that they have, on behalf of any person 
     and for a fee or other remuneration, prepared or assisted in 
     preparing an application which was falsely made (as defined 
     in section 274C(a)) for immigration benefits pursuant to 
     section 208 of this Act, or the regulations promulgated 
     thereunder, shall be guilty of a felony and shall be fined in 
     accordance with title 18, United States Code, imprisoned for 
     not less than 2 nor more than 5 years, or both, and 
     prohibited from preparing or assisting in preparing, 
     regardless of whether for a fee or other remuneration, any 
     other such application.
       ``(2) Whoever, having been convicted of a violation of 
     paragraph (1), knowingly and willfully prepares or assists in 
     preparing an application for immigration benefits pursuant to 
     this Act, or the regulations promulgated thereunder, 
     regardless of whether for a fee or other remuneration, shall 
     be guilty of a felony and shall be fined in accordance with 
     title 18, United States Code, imprisoned for not less than 5 
     years nor more than 15 years, or both, and prohibited from 
     preparing or assisting in preparing any other such 
     application.''.

     SEC. 423. CIVIL PENALTIES FOR FRAUD, MISREPRESENTATION, AND 
                   FAILURE TO PRESENT DOCUMENTS.

       Section 274C(a) (8 U.S.C. 1324c(a)), as amended by section 
     412 of this Act, is further amended--
       (1) by striking ``or'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(6) to present before boarding a common carrier for the 
     purpose of coming to the United States a document which 
     relates to the alien's eligibility to enter the United States 
     and to fail to present such document to an immigration 
     officer upon arrival at a United States port of entry.

     The Attorney General may, in his or her discretion, waive the 
     penalties of this section with respect to an alien who 
     knowingly violates paragraph (6) if the alien is granted 
     asylum under section 208 or withholding of deportation under 
     section 243(h).''.

     SEC. 424. EFFECTIVE DATE.

       The amendments made by this title shall apply to offenses 
     or violations occurring after the date of enactment of this 
     Act.
                         TITLE V--ASYLUM REFORM

     SEC. 501. PENALTIES FOR FRIVOLOUS APPLICATIONS.

       (a) Civil Penalties.--
       (1) Prohibited activities.--Section 274C of the Immigration 
     and Nationality Act (8 U.S.C. 1324c), as amended by sections 
     412 and 413 of this Act, is further amended by inserting at 
     the end of subsection (a) the following new sentence: ``For 
     the purposes of this subsection, the phrase `falsely make any 
     document' includes the preparation or provision of any 
     application for benefits under this Act which was made 
     knowingly or in reckless disregard of the fact that such 
     application has no basis in law or fact or which otherwise 
     fails to contain information pertaining to the applicant.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     applies to the preparation of applications before, on, or 
     after the date of enactment of this Act.
       (b) Criminal Penalties.--The fourth paragraph of section 
     1546(a) of title 18, United States Code, is amended to read 
     as follows:
       ``Whoever knowingly makes under oath, or as permitted under 
     penalty of perjury under section 1746 of title 28, United 
     States Code, knowingly subscribes as true, any false 
     statement with respect to a material fact in any application, 
     affidavit, or other document required by the immigration laws 
     or regulations prescribed thereunder, or knowingly presents 
     any such application, affidavit, or other document which 
     contains any such false statement or which fails to contain 
     any reasonable basis in law or fact--''.

     SEC. 502. ASYLUM AND WORK AUTHORIZATION.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following 
     new subsection:
       ``(f) An applicant for asylum may not engage in employment 
     in the United States except pursuant to this subsection. The 
     Attorney General may deny, suspend, or otherwise place 
     conditions on any application for or grant of authorization 
     to engage in employment in the United States to any alien who 
     makes an application under this section. The Attorney General 
     shall issue regulations to prescribe the conditions for 
     denial, suspension, or conditioning of such authorization, 
     and shall include in such regulations a plan to address 
     sudden, substantial increases in asylum applications and 
     repeated attempts by aliens to gain such authorization 
     without stating a credible fear of persecution.''.

     SEC. 503. RESOURCES TO ADDRESS ASYLUM BACKLOG.

       (a) Purpose and Period of Authorization.--For the purpose 
     of reducing the number of applications pending under sections 
     208 and 243(h) of the Immigration and Nationality Act (8 
     U.S.C. 1158 and 8 U.S.C. 1253) as of the date of enactment of 
     this Act, the Attorney General shall have the authority 
     described in subsections (b) and (c) for a period of 2 years, 
     beginning 90 days after the date of enactment of this Act.
       (b) Procedures for Property Acquisition on Leasing.--
     Notwithstanding the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney 
     General is authorized to expend out of funds made available 
     to the Department of Justice for the administration of the 
     Immigration and Nationality Act such amounts as may be 
     necessary for the leasing or acquisition of property to carry 
     out the purpose described in subsection (a).
       (c) Use of Federal Retirees.--(1) In order to carry out the 
     purpose described in subsection (a), the Attorney General may 
     employ temporarily not more than 300 persons who, by reason 
     of retirement on or before January 1, 1993, are receiving--
       (A) annuities under the provisions of subchapter III of 
     chapter 83 of title 5, United States Code, or chapter 84 of 
     such title;
       (B) annuities under any other retirement system for 
     employees of the Federal Government; or
       (C) retired or retainer pay as retired officers of regular 
     components of the uniformed services.
       (2) In the case of a person retired under the provisions of 
     subchapter III of chapter 83 of title 5, United States Code--
       (A) no amounts may be deducted from the person's pay,
       (B) the annuity of such person may not be terminated,
       (C) payment of annuity to such person may not be 
     discontinued, and
       (D) the annuity of such person may not be recomputed,

     under section 8344 of such title by reason of temporary 
     employment authorized in paragraph (1).
       (3) In the case of a person retired under the provisions of 
     chapter 84 of title 5, United States Code--
       (A) no amounts may be deducted from the person's pay,
       (B) contributions to the Civil Service Retirement and 
     Disability Fund may not be made, and
       (C) the annuity of such person may not be recomputed,

     under section 8468 of such title by reason of temporary 
     employment authorized in paragraph (1).
       (4) The retired or retainer pay of a retired officer of a 
     regular component of a uniformed service may not be reduced 
     under section 5532 of title 5, United States Code, by reason 
     of temporary employment authorized in paragraph (1).
       (5) The President shall apply the provisions of paragraphs 
     (2) and (3) to persons referred to in paragraph (1)(B) in the 
     same manner and to the same extent as such provisions apply 
     to persons referred to in paragraph (1)(A).

     SEC. 504. REDUCTION OF INCENTIVES TO DELAY PROCEEDINGS.

       (a) Relief Under Section 212(c).--Section 212(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(c)) is 
     amended--
       (1) by redesignating subsection (c) as subsection (c)(1); 
     and
       (2) by adding at the end the following:
       ``(2) For the purpose of satisfying the 7-year period 
     described in paragraph (1), no time shall count toward such 
     period after the alien has received an order to show cause 
     issued under section 242 or 242B.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to all applications for relief under section 
     212(c) or 244 of the Immigration and Nationality Act filed 
     after the date of enactment of this Act.

     SEC. 505. PARTIAL REVOCATION OF EXECUTIVE ORDER.

       Section 4 of Executive Order No. 12711 of April 11, 1990, 
     and any rule, regulation, or order issued under that section, 
     shall be of no force or effect, except that nothing in this 
     Act shall invalidate, or otherwise retroactively affect, any 
     final determination of eligibility for asylum made before the 
     date of enactment of this Act.
                   TITLE VI--BORDER CROSSING USER FEE

     SEC. 601. IMPOSITION OF FEES.

       (a) Land Border and Port of Entry User Fee Account.--
     Section 286(q) of the Immigration and Nationality Act (8 
     U.S.C. 1356(q)) is amended to read as follows:
       ``(q) Land Border and Port of Entry User Fee Account.--(1) 
     The Attorney General, after consultation with the Secretary 
     of State, shall impose at the time of a person's entry into 
     the United States by land or by sea a fee of $1 for the 
     person's use of border or port facilities and services of the 
     Immigration and Naturalization Service.
       ``(2) Notwithstanding subsection (b), the Attorney General 
     may--
       ``(A) adjust the border crossing user fee periodically to 
     compensate for inflation and other escalation in the cost of 
     carrying out the purposes of this Act; and
       ``(B) develop and implement special discounted fee programs 
     for frequent border crossers including, but not limited to, 
     commuter coupon books or passes.
       ``(3) All fees collected under paragraph (1) shall be 
     deposited as offsetting receipts in a separate account within 
     the general fund of the Treasury of the United States and 
     shall remain available until expended. Such account shall be 
     known as the `Land Border and Port of Entry User Fee 
     Account'.
       ``(4)(A) The Secretary of the Treasury shall refund out of 
     the Land Border and Port of Entry User Fee Account, at least 
     on a quarterly basis, amounts to any appropriations for 
     expenses incurred in providing inspection services at land 
     border points and seaports of entry. Such expenses shall 
     include--
       ``(i) the provision of inspection services;
       ``(ii) the operation and maintenance of inspection 
     facilities at land border and seaport points of entry;
       ``(iii) the expansion, operation, and maintenance of 
     information systems for immigrant control;
       ``(iv) the hire of additional permanent and temporary 
     inspectors, including those authorized by section 111 of the 
     Illegal Immigration Control and Enforcement Act of 1994;
       ``(v) the minor construction costs associated with the 
     addition of new traffic lanes (with the concurrence of the 
     General Services Administration), including the establishment 
     of commuter lanes to be made available to qualified United 
     States citizens and aliens, as determined by the Attorney 
     General;
       ``(vi) the detection of fraudulent documents used by 
     persons seeking to enter the United States; and
       ``(vii) providing for the administration of the Land Border 
     and Port of Entry User Fee Account.
       ``(B) Beginning with the fiscal year which begins after the 
     effective date of this subsection, amounts required to be 
     refunded in any fiscal year shall be refunded in accordance 
     with estimates made in the budget request of the Attorney 
     General for that fiscal year. Any proposed change in an 
     amount specified in such budget request shall only be made 
     after notification, at least 15 days in advance of the 
     proposed refund, to the Committees on Appropriations of the 
     House of Representatives and the Senate in accordance with 
     section 606 of Public Law 101-162.
       ``(5) Beginning two years after the date of enactment of 
     this Act, and every two years thereafter, the Attorney 
     General shall prepare and submit to the Congress a report 
     containing--
       ``(A) a statement of the financial condition of the Land 
     Border and Port of Entry User Fee Account, including the 
     beginning account balance, revenues, withdrawals, and ending 
     account balance and projection for the next two fiscal years; 
     and
       ``(B) a recommendation, if necessary, regarding any 
     adjustment in the prescribed fee that may be required to 
     ensure that the receipts collected from the fee charged for 
     the succeeding two-year period equal, as closely as possible, 
     the cost of providing the facilities and services described 
     in paragraph (1).''.
       (b) Effective Date.--(1) The amendment made by subsection 
     (a) shall take effect 6 months after the date of enactment of 
     this Act.
       (2) Not later than 90 days after the date of enactment of 
     this Act, the Attorney General shall submit in writing to the 
     Committees on the Judiciary and the Committees on 
     Appropriations of the House of Representatives and of the 
     Senate a plan detailing the proposed implementation of 
     section 286(q) of the Immigration and Nationality Act (as 
     amended by this Act).
       (3) Effective 6 months after the date of enactment of this 
     Act, the fourth proviso under the heading ``Immigration and 
     Naturalization Service, Salaries and Expenses'' in Public Law 
     103-121 is repealed.
       (c) Further Use of Fund for Border Security.--(1) 
     Notwithstanding any other provision of law, upon the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     refund at the beginning of each fiscal year to the 
     Appropriation Account of the Immigration and Naturalization 
     Service funds in the Land Border Inspection Fee Account which 
     remain unobligated from the preceding fiscal year, for use as 
     follows:
       (A) For the hiring, training, support, and equipping of--
       (i) Border Patrol agents, and of related support personnel 
     authorized in section 111 of this Act;
       (ii) the Immigration and Naturalization Service land-border 
     inspectors authorized by section 121 of this Act;
       (iii) the Immigration and Naturalization Service 
     investigators authorized by section 221 of this Act;
       (iv) the Department of Labor inspectors authorized by 
     section 231 of this Act; and
       (v) the Assistant United States Attorneys authorized by 
     section 232 of this Act.
       (B) Not to exceed a total of $5,000,000 in fiscal years 
     1995 and 1996, to carry out the project described in section 
     134.
       (C) The identification, detention, and deportation of 
     individual aliens subject to final orders of deportation.
       (D) To the extent available--
       (i) for costs relating to land border crossing 
     infrastructure improvement as authorized by section 122 of 
     this Act;
       (ii) for costs relating to the acquisition by the 
     Department of Justice of technology and equipment as 
     authorized by section 114 of this Act;
       (iii) for the cost of facilitating and expanding the 
     activities of the Organized Crime and Drug Enforcement 
     Interagency Task Force in order to fully abate the flow of 
     narcotics and other illegal drugs into the United States;
       (iv) for the cost of increasing rewards for information 
     leading to the arrest and conviction of terrorists;
       (v) for the cost of conducting classes, or otherwise 
     assisting or encouraging, legal immigrants to the United 
     States to attain American citizenship; and
       (vi) for the cost of such other activities that, in the 
     discretion of the Attorney General, will reduce: illegal 
     transit of the Nation's borders, the flow of illegal drugs 
     across such borders, the time necessary to process 
     applications for asylum in the United States, and the number 
     of alien criminals incarcerated in this country.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice such 
     additional funds as may be necessary to satisfy the 
     requirements of this Act not otherwise funded by this 
     title.

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