[Congressional Record Volume 141, Number 72 (Wednesday, May 3, 1995)]
[Senate]
[Pages S6082-S6108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

           By Mr. BURNS (for himself, Mr. Craig, Mr. Simpson, and 
             Mr. Thomas):
  S. 745. A bill to require the National Park Service to eradicate 
brucellosis afflicting the bison in Yellowstone National Park, and for 
other purposes; to the Committee on Energy and Natural Resources.


            THE YELLOWSTONE NATIONAL PARK BISON ACT OF 1995

  Mr. BURNS. Mr. President, I rise to introduce legislation that is 
important to the future, I think, of the livestock industry, not only 
of Montana, but Washington, Idaho, and Wyoming and, also, I think to 
the Nation. Wherever the Government has a large concentration or a 
large presence, I think it has to be called upon to be a good neighbor. 
This legislation, which is long overdue, is as a result of the 
ineffectiveness of the Federal Government--especially the Park 
Service--to follow up on the work that it has been directed to 
complete. This bill will require the National Park Service to 
effectively manage a disease ridden herd of bison within the boundaries 
of the Yellowstone Park.
  Mr. President, for years, the bison within the Yellowstone Park have 
carried brucellosis. It is a disease which causes cattle or bovines to 
abort their calves. When transmitted to humans, the disease can create 
a very painful and incurable disease known as undulant fever. This is a 
disease which the Animal Plant Health Inspection Service of the 
Department of Agriculture has targeted for complete eradication from 
the United States by 1998. The bison herd in Yellowstone Park is the 
only remaining major free-roaming herd in the Nation where nothing has 
been done to eradicate the disease.
  Brucellosis is a disease which the livestock industry in the United 
States has spent untold millions of dollars to eliminate, done on a 
State-by-State program. In my State of Montana, the stockgrowers have 
spent almost $70 million to eradicate the disease and set up barriers 
in order to protect their herds. Yet, due to the continual delays in 
the Yellowstone National Park Service to address the remedy of the 
situation there in that park, the future of the livestock industry in 
Montana, the Nation, and the region, continues to be threatened by 
disastrous result which are a direct consequence of the disease. In 
addition, to the cost incurred by the livestock industry, there has 
been a cost to the State of Montana to protect its borders from the 
wandering herds of bison which roam outside the park every winter 
seeking forage.
  These bison carry the disease and threaten the grazing lands and the 
herd on private lands in and around the park.
  Now, I could stand here today and give a complete history of the 
terrible problem faced by States like Montana, Idaho, and Wyoming. For 
the sake of time, let me talk about this past winter and just exactly 
what happens.
  In November, we had major snows in the park. It did not take long, 
but within a few weeks, up to five feet of snow had accumulated in 
Yellowstone Park, which effectively covered all the forage 
opportunities for the animals in the park.
  When this occurs, the bison within the park turn and do exactly what 
is natural--they will start drifting between the lower meadows just for 
food. 
[[Page S6083]] These large creatures are doing just exactly what their 
instincts tell them to do.
  In order to protect livestock in our part of the country--and 
livestock industry and livestock agriculture is the No. 1 industry in 
Montana--we had to find it necessary to bring down these animals that 
we could not chase back into the park. This past winter, this number 
exceeded almost 400 head.
  Nobody likes to see this happen, especially when an animal is 
following its own natural instincts for preservation and survival. 
However, it is necessary also to protect an economy and the safety of 
my State of Montana. If the disease were to be transmitted to any herd 
in the State, Montana would lose its brucellosis-free status that was 
granted by APHIS and the Department of Agriculture.
  Already this year, the action of nine States has adversely affected 
the well-being of my cattle industry in the State of Montana. These 
nine States right now are requiring that any cattle transported from 
the State of Montana be tested for brucellosis, which basically, up 
until this incident, had been eradicated and certified free.
  At the time, the industry is already reeling from a lower market. We 
are having to test all the breeding animals that leave the State of 
Montana, at a cost of $20 to $30 a head, a cost which we thought we 
spent money on to get rid of up until last year.
  The language of this will require the National Park Service to face 
up to the seriousness of maintaining poor health and bad health 
practices for the herd of buffalo or bison in Yellowstone Park.
  The animals will be tested and those that will test positive for the 
disease will be culled from the herd. Those that will test negative 
will be retained, and the younger animals will start on a program of 
being vaccinated. Doing this, over time, will finally eradicate the 
disease from the park.
  When this herd was first introduced into the park by the U.S. Army, 
it was thought that there would be some sort of management plan to 
control the population. However, in the mid-1960's, the National Park 
Service developed a hands-off policy in relationship to the number of 
bison that could run in Yellowstone Park.
  This action has increased the size of the herd and also increased the 
outbreaks of the disease. By increasing the herd size, the management 
of the park has increased the movement of the herd outside the park. 
The land mass within the park boundaries cannot sustain a herd of 
present size.
  Anybody who would drive across the park would say that range 
conditions and the carrying capacity, we just have too much livestock 
in that part of the world, that little corner of the world, to sustain 
that herd. I think our estimated population went up to around 4,300, 
and by anybody's estimate it should be around 1,500. The provision of 
this bill will allow the Park Service to manage the size of that herd.
  Mr. President, I appreciate the time to address this issue. This 
legislation is very important, not only, I think, for the livestock 
industry that would be affected in the States of Montana, Wyoming, and 
Idaho; I think it also shows that wherever Government has a presence, 
and is required to be or called upon to be a good neighbor, just like 
not asking the Park Service to do anything that we do not ask of an 
individual producer in the State of Montana, should this disease break 
out in a private herd. They, too, are asked to test, to cull, and to 
vaccinate, to get on a herd health program that takes this disease out 
of the livestock industry.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 745

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

     SECTION 1. YELLOWSTONE NATIONAL PARK BISON.

       (a) Testing, Culling, Vaccination, and Relocation.--The 
     Secretary of the Interior, acting through the Director of the 
     National Park Service, shall--
       (1) perform a blood test of each bison in the herd 
     inhabiting Yellowstone National Park for brucellosis;
       (2) in consultation with the Secretary of Agriculture, 
     acting through the Administrator of the Animal and Plant 
     Health Inspection Service and the State Veterinarians of the 
     States of Idaho, Montana, and Wyoming, vaccinate and restrain 
     under quarantine restrictions each bison that tests negative 
     for brucellosis in accordance with a protocol established 
     under the law of the States of Idaho, Montana, and Wyoming, 
     to prevent transmission of brucellosis to susceptible 
     animals;
       (3)(A) slaughter or neuter each bison that tests positive 
     for brucellosis, each bison that cannot be tested, and each 
     bison that tests negative but cannot be restrained under 
     quarantine restriction; and
       (B) make the carcass or neutered bison available for use by 
     Indian tribes and other suitable recipients;
       (4) engage the services of a team of independent range 
     scientists to determine the optimum population of bison that 
     the land available for the heard in Yellowstone National Park 
     is capable of sustaining;
       (5) in consultation with the Secretary of the Interior, 
     appropriate officials of Indian tribes, the States of Idaho, 
     Montana, and Wyoming, and other interested parties, identify 
     locations outside the Park that would be suitable for 
     sustaining herds of bison created from any excess number of 
     bison in the Yellowstone herd that are certified as being 
     free of brucellosis, in accordance with standards established 
     under the law of the States of Idaho, Montana, and Wyoming; 
     and
       (6) after brucellosis has been eradicated, continue to 
     reduce the population of the Yellowstone herd to a number 
     that is approximately 500 below the optimum population by 
     transferring the excess number of bison to locations 
     identified under paragraph (5).
       (b) Time for Action.--The Secretary of the Interior shall--
       (1) initiate action under subsection (a) as soon as 
     practicable, and in any event not later than December 31, 
     1995; and
       (2) complete all of the actions required by subsection (a) 
     not later than December 31, 1998.
       (c) No Surplus Bison.--After December 31, 1998, the 
     Secretary of the Interior shall take all action necessary to 
     ensure that the number of bison in the Yellowstone herd does 
     not exceed the optimum population determined under subsection 
     (a)(4).
                                 ______

      By Ms. MOSELEY-BRAUN:
  S. 746. A bill to amend the Social Security Act to provide certain 
reforms to welfare programs, and for other purposes; to the Committee 
on Finance.


     the economic opportunity and family responsibility act of 1995

  Ms. MOSELEY-BRAUN. Mr. President. today I am introducing the Economic 
Opportunity and Family Responsibility Act of 1995. This bill seeks to 
reform the current welfare system in a way that protects children, 
supports families, and facilitates the transition from welfare to work, 
and it acknowledges what the debate in Congress has heretofore 
overlooked, moving recipients from welfare to work costs money, 
requires job creation, and will fail without transitional support 
services like health care and child care.
  My bill also acknowledges that it takes two to make a baby and it 
includes strong child support provisions. At the same time, it 
acknowledges that some fathers would like to participate financially in 
the lives of their children, but cannot, due to under or unemployment. 
The bill provides assistance for them, too.
  For me, the bottom line is ensuring that children are protected. The 
one question we must ask ourselves when evaluating various welfare 
reform proposals is, ``what about the children?'' Every provision in my 
bill seeks to improve the condition of children through economic 
opportunity for families and maintaining a minimum safety net for 
children. This country's future prosperity will be based on the 
accomplishments of all of our children. We do not have a child to 
waste.
  I developed this legislation in conjunction with an advisory panel 
composed of Illinois academicians, advocacy organizations, State 
officials, and recipients. Their work and insight has been invaluable 
to this effort.
  I wish to thank them for all their help.
  The Senate Finance Committee has completed hearings on welfare reform 
and will soon consider specific proposals. Those on both sides of the 
aisle are committed to reform. The current system is broken and 
significant changes are necessary. Over 5 million families receive 
AFDC. While most leave welfare within 2 years, many cycle back on and 
off, and a small number are chronic welfare recipients. Recipients want 
to work, and I believe work is 
[[Page S6084]] both a policy and moral necessity. Unfortunately, the 
current welfare system is fraught with disincentives.
  There are disincentives to work and disincentives to marry. The 
system also forces States to spend too much time on administrative and 
process issues. The incentives, Mr. President, are in the wrong places 
and work is not a requirement for receipt of the benefit. I think on 
these things we all agree.
  Where there is disagreement, but hopefully an opportunity to build 
some consensus, is how to devise and implement a system that will 
accomplish the goal.
  The House has chosen to turn the problem over to the States by ending 
the entitlement status of AFDC and other programs that provide 
assistance to low-income families and replacing them with block grants 
to the States. I believe the House action was taken hastily and fails 
in many respects to identify proposed solutions to the underlying 
problems of our Nation's welfare system.
  The Economic Opportunity and Family Responsibility Act, which I am 
introducing today, recognizes that welfare is simply a response to 
poverty. In 1993 in this country, 39.9 million Americans were poor; 22 
percent of all children live in poverty, and more than half of all 
female-headed households, or 53 percent, are poor. Female-headed 
households account for 23 percent of all families.
  This Nation and this Government cannot give up on improving living 
conditions for the poor. We cannot abdicate our responsibility for 
ensuring that America provides an opportunity for all Americans to 
experience a better way of life. Welfare reform cannot be successful if 
it exacerbates poverty rather than instituting measures to combat it. 
Being poor is not a sin, and blaming and punishing the poor for the 
social ills of this country is a misguided approach. Poverty is not a 
genetic issue, it is an economic issue. Creating new economic 
opportunities is a critical part, therefore, of any sensible welfare 
reform legislation, and it is the focus of my bill.
  If the Senate is going to make headway on a proposal that can garner 
bipartisan support, everybody in this body, I think, must acknowledge 
the facts and not give in to unfounded rhetoric. The current welfare 
debate must not be framed by misconceptions and prejudices. The real 
problems that cause bloated welfare rolls, growing poverty, the lack of 
jobs in poor communities, the lack of health care and child care, 
should not get lost in the crossfire.
  The facts are:
  First, more AFDC recipients are white than are black.
  Second, two-thirds of the recipients, 9 million of the total 14.1 
million people, are children.
  Third, the average family size is 2.9, which is similar to the 
national family size average.
  Four, the average national monthly benefit is $373 a month for a 
family of three which, of course, is far below the poverty line, the 
official designated poverty line of $1,026 per month.
  Finally, that the bulk of the recipients, over 40 percent, stay on 
welfare for only 2 years or less.
  In order to make a dent in the welfare problem, which is really an 
economic one, I believe we must first create jobs. Even though 
unemployment rates are declining nationally in our Nation's poor 
communities, the unemployment numbers are staggering. For example, Mr. 
President, in Chicago's Robert Taylor Homes, which is a section on the 
south side of the city, there is 1 percent private sector employment--1 
percent. No wonder that, even in a period of low national unemployment, 
in Chicago in this area 80 percent of the youth between the ages of 16 
and 19 are unemployed and 55 percent of the 20- to 24-year-olds are out 
of work. Mr. President, this is not only a local problem, this is a 
national calamity, and it represents the kind of economic meltdown that 
has given rise to the welfare chaos that we see.
  In addition to creating jobs, we must also do better to match job 
opportunities to recipients. While some have advocated a public works 
program, I believe that we have to build public/private partnerships to 
build jobs in the private sector. My bill offers several ways that this 
can be done.
  In the first instance, it encourages banks to make equity investments 
in companies that are willing to locate in poor communities. Companies 
receiving these funds will be required to hire and train welfare 
recipients.
  It allows welfare recipients to save money in what are called 
qualified asset accounts so they can start their own businesses and 
begin to prepare for their future.
  It provides funding for job support demonstrations to help recipients 
in private sector jobs to maintain them.
  And it provides funding for one-stop shopping career centers that 
coordinate services for welfare recipients, including job placement and 
job training.
  Mr. President, while creating private-sector jobs in some areas may 
be difficult, and while we may not be able to create enough jobs to 
employ all welfare recipients immediately, I believe we must take this 
step. The dearth of private sector jobs is one of the greatest 
unacknowledged truths in this welfare debate. Instead, many have 
focused on cuts in funding and time limits. Requiring responsibility is 
important, but requiring time limits is ludicrous if there are no jobs 
for the recipients.
  In addition to job creation, I believe we have to invest in families. 
Our current program has focused on providing subsistence to needy 
families. I believe we have to move from this philosophy to one of 
investment in families.
  We can start, I think, with eliminating marriage disincentives.
  Further, we have to eliminate barriers to working. It makes no sense 
to reduce benefits to recipients after 4 months and then again after 12 
months, effectively eliminating incentives to work. I believe States do 
need flexibility to make changes like those permitted in my home State. 
Illinois allows recipients to keep $2 for every $3 of income. This is 
much easier administratively and allows recipients to earn money and to 
support a household.
  Also, I believe we also have to encourage the working poor to take 
full advantage of what is already available to them. Nearly a quarter 
of those eligible for the earned income tax credit did not take 
advantage of the program. Less than one-half of 1 percent of families 
collecting EITC used the advanced payment option, which effectively 
functions as a negative income tax. I believe we need to do more to 
encourage people to take advantage of the programs that are already in 
place.
  Also, Mr. President, we must do more to help those who get off 
welfare to stay off welfare. The majority of AFDC recipients leave 
within 2 years and 50 percent leave within 1 year. The problem is that 
a good chunk of those, 50 percent, who receive welfare tend to cycle on 
and off. The principal reason that most women leave their jobs and 
return to welfare is the lack of health insurance. A temporary response 
until we have real health care reform and, hopefully, universal 
coverage is to allow States to extend Medicaid health care coverage to 
women who want to get off welfare and out of the trap of welfare.
  Another critical element is the provision of child care. While there 
are child care programs for low-income families, the dollars, frankly, 
are scarce. If we are to move women from welfare to work, we cannot 
forget about the children. Child care must be available and affordable. 
There is no other way unless we want to encourage child abandonment so 
moms can go to work to feed them. I believe we should block grant many 
of the child care programs, allowing the States to construct their own 
systems of funding. At the same time, I believe it is important to 
maintain the child care guarantee for those receiving assistance and to 
make certain that the assistance is adequate.
  What the American people, I believe, wanted and what this Congress 
should deliver is not a program that throws money at the problem or 
that pulls the rug out from under the feet of poor children. We must 
design a program that makes every dollar productive.
  In designing reforms, we should not ignore our past experience. We 
have existing programs that have been successful in moving recipients 
from welfare to work.
  Wisconsin and Riverside, CA have been widely touted as the most 
successful welfare-to-work programs in 
[[Page S6085]] the Nation. What both of these programs have are several 
things in common: An immediate requirement to find a job or participate 
in job search activities, increased funds for necessary support 
services like job training, counselors, and child care, and more 
caseworkers to deal more directly and comprehensively with the needs of 
individual recipients.
  Moving recipients into jobs is expensive and time consuming. It can 
be done, but not on the cheap. Investing in people is more expensive, 
but far more rewarding, than just giving them a check. My bill costs 
money, but I believe it is an investment in the future. As the Chicago 
Tribune wrote in a recent editorial ``a society that does not invest 
long term is one that always will have problems in the short.''
  I believe the Senate must also pledge to do no harm. We recently 
pledged to reject any legislation that increases the number of hungry 
and homeless children. Poorly thought out welfare reform does just 
that. When Michigan eliminated general assistance, jobs were not 
forthcoming and the number of homeless and hungry people increased. We 
must learn from past errors, and not enact reforms that ultimately hurt 
more poor children and families than are helped.
  My bill, the Economic Opportunity and Family Responsibility Act, 
focuses on economic opportunity, family investment and transitional 
support. I believe these are the components for real welfare reform. I 
also believe that a greater dialog on these aspects of welfare reform 
should serve as a base for a wise and realistic Senate welfare reform 
effort.
  Mr. President, I ask unanimous consent that a summary and a section-
by-section analysis of its provisions be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                Summary

       The Economic Opportunity and Family Responsibility Act of 
     1995 focuses on welfare reform solutions that seek to reduce 
     poverty in America. The key elements follow:
       Investment in poor communities through private sector job 
     creation; improves work incentives; provides state 
     flexibility; encourages marriage and family stability; 
     encourages parental responsibility; targets teen parents; 
     acknowledges and encourages the participation of the non-
     custodial parent; reduces recidivism.


         1. provides incentives for private sector job creation

       Equity Investment Proposal--Targets the use of the banking 
     system to create equity investments in companies located in 
     or near poor communities. The Federal Reserve would be 
     required to pay interest on the over $30 billion that banks 
     and thrifts have on deposit at the Federal Reserve. Instead 
     of cash interest would be paid in the form of certificates 
     equal in value to the interest each bank and thrift 
     ``earned'' each year.
       Banks and thrifts could turn the certificates into cash by 
     making investments in qualified companies--qualified 
     companies are those willing to locate in or near high-
     unemployment/poverty zones. Qualified companies must agree 
     that 50% of their employees associated with the investments 
     will come from the ranks of the unemployed residents of the 
     zone and particularly the long term unemployed and those 
     eligible for AFDC, Foodstamps, and General Assistance.
       Job Support Demonstration--Demonstration funds are 
     available to entities in poor communities that have developed 
     agreements with the private sector to provide jobs and 
     relevant training to AFDC recipients. Funds could be used for 
     necessary support services.
       Coordination of Services--Allows funds for several 
     demonstrations for states to develop One-Stop Career Centers 
     in poor communities that would provide information on and/or 
     assist recipients in obtaining job training, education, 
     support services and matching job skills with existing or 
     anticipated jobs.


                     2. provides incentives to work

       Increase Income Disregard--Allows states the flexibility to 
     set their own income disregards.
       Qualified Asset Accounts--States may allow recipients to 
     save up to $10,000 for education, self-employment, and work 
     related expenses.
       Advanced EITC--Requires the Secretary of the Treasury to 
     develop an Advanced Earned Income Tax Credit demonstration 
     program.
       Tax Assistance Program--Expands government efforts to 
     provide funds for tax assistance to low income families 
     targeting AFDC, Food Stamp recipients, the homeless, and 
     those families that receive child care assistance through the 
     At-Risk program.


                     3. provides state flexibility

       Allows states to move from process and administrative 
     activities to moving recipients into work by:
       Allowing states to require participation in JOBS 
     immediately.
       Allowing states the flexibility to determine what 
     activities constitute participation in JOBS and the hours of 
     recipient participation.
       Consolidating several child care programs into a capped 
     entitlement block grant.
       Liberalizing earned income disregard rule.
       Increasing JOBS funds.
              4. encourages marriage and family stability

       Elimination of Marriage Disincentives:
       Work histories--Removes the AFDC provision that requires 
     principal wage earners in two parent families to have record 
     work histories.
       100 hour rule--Removes the AFDC provision that denies 
     eligibility in the wage earner works 100 hours or more in a 
     month.
       6 month limit--Removes the AFDC provision that allows 
     States to limit the participation of two-parent families in 
     AFDC to only 6 months in any 12 month period.
       Stepparents--Exempts stepparents from current deeming rules 
     when their income is less than 130 percent of poverty.
                  5. requires parental responsibility

       Expands Federal Locator Systems--Establishes a national 
     network based on comprehensive statewide child support 
     enforcement systems, allowing states to locate any absent 
     parent who owes child support and coordinating child support 
     enforcement between states.
       Federal Child Support Order Registry--Establishes a federal 
     child support order registry at HHS.
       National Child Support Guidelines Commission--Establishes a 
     Commission to develop national child support guidelines for 
     consideration by the Congress.
       Civil Procedures for Paternity Establishment would be 
     Strengthened--Streamlines civil procedures used to establish 
     paternity.
       Hold on Occupational, Professional, and Business Licenses--
     Denies/withholds occupational, professional, business, and 
     drivers' licenses for noncompliance with child support 
     orders.


                        6. targets teen parents

       Teen Schooling and Employment Requirements--Requires teen 
     AFDC recipients to participate in educational activities 
     leading to completion of high school or the equivalent, or 
     participate in job preparation and job search activities. For 
     those teens who do not meet these requirements a portion of 
     their AFDC grant will be cut.
       Teen Case Management--Requires states to establish a system 
     that provides intensive case management services to teen 
     parents on AFDC.
       Minor Teenage Parent Residency Requirement--Requires teen 
     parents receiving AFDC to live at home with parents or in 
     another supervised setting, except under certain 
     circumstances.


          7. acknowledges the role of the non-custodial parent

       Allows states to use a portions of JOBS funds for non-
     custodial parents:
       Child Support Demonstrations--Provides funding for state 
     demonstrations to establish programs for non-custodial 
     parents who are unable to pay child support due to under or 
     unemployment.
       Teen Noncustodial Parents and Child Support--Gives states 
     the authority to temporarily waive the right to collect child 
     support obligations of teen noncustodial parents who are 
     participating in a state educational or employment 
     preparation program.
       Provides grants to states for access and visitation 
     programs.


                         8. reduces recidivism

       Allows states to extend transitional child care and 
     Medicaid:
       Six child care programs are block granted. The child care 
     guarantee remains for those receiving AFDC and those 
     transitioning off of AFDC. Additional funds are made 
     available for the block grant.
                                                                    ____

                      Section-by-Section Analysis


                             title i--work

     Section 101. Increase in JOBS program funding
       Increase funding for the JOBS program to: $1.540 billion in 
     FY96, $1.980 billion in FY97, $2.420 billion in FY98, $2.860 
     billion in FY99, $3.300 billion in FY00.
     Section 102. Increase in JOBS matching rate; continuation of 
         minimum rate
       Increase the Federal match rate by 5% in FY96, by 10% by 
     FY2000, with a minimum of 70%.
       Other Changes: A portion of JOBS funds up to 5% at a 
     state's discretion can be targeted to non-custodial parents.
     Section 103. Increase in required JOBS participation rate
       Increase the JOBS participation requirement to: 25% in 
     FY96, 30% in FY97, 35% in FY98, and 40% in FY99.
       Other changes: Voluntary activities for parents of young 
     children (head start centers, school activities, parenting 
     classes etc) can count toward participation rates.
       States are allowed to pay for school at institutions of 
     higher learning, vocational or technical school, if part of 
     employability plan.
     Section 104. Additional requirements for JOBS participation
       Would establish work requirements from 15 and not more than 
     35 hours per week.
     [[Page S6086]] Section 105. Activities that are considered 
         participation in the JOBS program
       Would include volunteer work and training as acceptable 
     activities in the JOBS program.
     Section 106. Training and employment for noncustodial parents
       Would establish a program to conduct training and 
     employment opportunities for noncustodial parents.
     Section 107. Demonstration project for private sector 
         employment
       Would create a demonstration program to provide jobs for 
     individuals receiving aid under title IV of Social Security 
     Act.
     Section 108. Coordination of services
       Allow funds for several demonstrations for States to 
     develop One-Stop Career Centers in poor communities that 
     would provide or offer information and assistance in 
     obtaining:
       Aid under the State plan; employment and training 
     counseling; job placement services; child care; health care; 
     transportation assistance; housing assistance; child support 
     services; National Service; Unemployment Insurance; Carl 
     Perkins Vocational programs; School-to-work programs; Federal 
     student loan programs: JTPA; and other types of counseling 
     and support services.


       title ii--reforms of AFDC and treatment of teenage parents

                        Subtitle A--AFDC Reforms

     Section 201. Increased income disregard
       Liberalizes earned income disregard requirements.
     Section 202. Disregard of income and resources designated for 
         education, training, and employability
       Allows AFDC recipients to disregard up to $10,000 of their 
     contributions to ``qualified asset accounts''. Funds could be 
     used for the following:
       the attendance of any family member at any education or 
     training program;
       the improvement of the employability (including self-
     employment) of a member of the family (such as through the 
     purchase of a car);
       the purchase of a family residence;
       a change of the family residence.
     Section 203. Elimination of marriage disincentives
       Work histories: Remove the AFDC provision that requires 
     principal wage earners in two parent families to have recent 
     work histories.
       100 hour rule: Remove the AFDC provision that denies 
     eligibility if the wage earner works 100 hours or more in a 
     month.
       6 month limit: Remove the AFDC provision that allows States 
     to limit the participation of two-parent families in AFDC to 
     only 6 months in any 12 month period.
       Stepparents: Exempt stepparents from current deeming rules 
     when their income is less than 130% of poverty.

                      Subtitle B--Teenage Parents

     Section 211. Minor teenage parent residency requirement
       Teens would be required to live with their parents or in a 
     supervised living arrangement.
     Section 212. Schooling and employment requirements
       Require individuals under the age of 20 to participate in 
     an educational program.
     Section 213. Planning, start-up, and reporting
       The federal government would reduce payment levels if the 
     State's teen participation rate does not exceed established 
     levels.
     Section 214. Case management
       Would require State to assign a case manager to each teen 
     recipient who is a custodial parent or pregnant.


 TITLE III--STRENGTHENING PARENTAL RESPONSIBILITY AND FAMILY STABILITY

                  Subtitle A--Federal Responsibilities

     Section 301. Expansion of functions of federal parent locator 
         service
       The functions of the federal parent locator service would 
     be expanded to provide information about an absent parent in 
     order to establish parentage, or establish, modify, and 
     enforce child support obligations. Safeguards would be 
     established to prevent disclosure of information that would 
     jeopardize the safety of either parent, or any child.
     Section 302. Expansion of federal parent locator systems
       The information collected by the Locator System would be 
     expanded to include the most recent residential address, 
     employer name and address, and amounts and nature of income 
     and assets. The Secretary of the Treasury would be required 
     to provide access to all Federal income tax returns filed by 
     individuals with the IRS. The Secretary of HHS would expand 
     the Parent Locator Service to establish a national network 
     based on comprehensive statewide child support enforcement 
     systems, which would allow states to locate any absent parent 
     who owes child support, and coordinate child support 
     enforcement between states.
     Section 303. Federal child support order registry
       The Secretary of HHS would establish a federal registry 
     containing all child support orders entered in any state. 
     States would use the registry to enforce interstate orders, 
     update support orders, and track old child support orders.
     Section 304. National reporting of employees and child 
         support information
       Secretaries of Labor and the Treasury would establish a 
     system of reporting of employees by requiring employers to 
     provide a copy of every employee's W-4 form to the child 
     support order registry. The W-4 would include information 
     about the employee's child support obligations.
     Section 305. Federal matching payments
       The Federal Matching Rate would be increased to 69 percent 
     in fiscal year 1996, 72 percent in fiscal year 1997; and 75 
     percent in fiscal year 1998 and each succeeding fiscal year.
     Section 306. Performance-based incentives and penalties
       To encourage and reward State child support enforcement 
     programs which perform in an effective manner, the Federal 
     matching rate for payments to a State would be increased by a 
     factor reflecting the sum of the applicable incentive 
     adjustments with respect to Statewide paternity establishment 
     and to overall performance in child support enforcement. 
     Amounts range from up to 5 percentage points, depending on 
     Statewide paternity establishment; and 10 percentage points 
     in connection with the overall performance in child support 
     enforcement.
     Section 307. Increased federal financial participation for 
         States with unified child support enforcement programs
       The quarterly payment would increase by 5 percentage points 
     if the State child support enforcement program is centered at 
     the State level in a unified State agency.
     Section 308. New child support audit process
       The Secretary of HHS would generate new criteria and 
     standards for conducting reviews of the child support 
     provisions of the Social Security Act.
     Section 309. National child support guidelines commission
       A commission would be established to develop a national 
     child support guideline for consideration by the Congress.
     Section 310. Child support audit advisory committee
       A committee of no more than 6 members would be established 
     to assist the Secretary of HHS in developing revised audit 
     criteria and standards.

                  Subtitle B--Paternity Establishment

     Section 311. Paternity establishment procedures
       Procedure would be established to make the voluntary 
     establishment of paternity easier, including the use of 
     hospital-based acknowledgement. Due process protection would 
     be established for those individuals who voluntarily 
     acknowledge paternity with extra protection for minor 
     noncustodial parents who voluntarily acknowledge paternity.
     Section 312. Enhancing outreach to encourage paternity 
         establishment
       Would add an enhanced federal match rate of 90 percent for 
     greater state outreach efforts to encourage voluntary 
     paternity establishment. This outreach could occur through 
     providers of health services, such as prenatal health care 
     providers, health clinics, or hospitals.
     Section 313. Strengthening civil procedures for paternity 
         establishment
       Civil procedures used to establish paternity would be 
     streamlined through such activities as expediting procedures 
     for genetic testing upon birth of the child; advance the 
     costs of genetic tests, subject to recoupment from the 
     putative father of a child if he is determined to be the 
     father; prohibit the use of hearings by a court or 
     administrative agency to ratify an acknowledgement of 
     paternity; and allowing the forgiveness of medical expenses
      associated with the birth of the child if the father 
     cooperates or acknowledges paternity.
     Section 314. Penalty for failure to established paternity 
         promptly
       The amounts payable to a State for any quarter after the 
     enactment of this act would be reduced by an amount 
     determined from a formula developed by the Secretary of HHS 
     for certain children for whom paternity has not been 
     established.

                        Subtitle C--Enforcement

     Section 321. Access to financial records
       Establishes procedures under which the State may obtain 
     access to financial records maintained by any financial 
     institution doing business in the State, for the purpose of 
     establishing, modifying, or enforcing a child support 
     obligation of the person.
     Section 322. Presumed address of obligor and obligee
       Procedures under which the court would require each party 
     subject to child support order to file the following: the 
     party's residential address or addresses; the party's mailing 
     address; the party's home telephone numbers; the party's 
     driver's license number and the state that issued that 
     license; the party's social security account number; the name 
     of each employer of the party; the addresses of each place of 
     employment of the party; and the party's work telephone 
     number or numbers.
     Section 323. Fair credit reporting act amendment
       Would allow access to credit reports for a State agency for 
     use in establishing, modifying, or enforcing a child support 
     award.
     [[Page S6087]] Section 324. Additional benefits subject to 
         garnishment
       Would allow garnishment of Federal death benefits, Black 
     Lung benefits, workers' compensation and veterans benefits to 
     fulfill child support obligations.
     Section 325. Hold on occupational, professional, and business 
         licenses
       Procedures under which the State or Federal occupational 
     licensing and regulating departments and agencies may not 
     issue or renew any occupational, professional, or business 
     license of a parent who is the subject of an outstanding 
     failure to appear in a child support proceeding, or an 
     individual who is delinquent in the payment of child support.
     Section 326. Driver's licenses and vehicle registrations 
         denied to persons failing to appear in child support 
         cases
       The State would not issue or renew the driver's license of 
     any noncustodial parent who is the subject of an outstanding 
     failure to appear warrant, capias, or bench warrant related 
     to a child support proceeding.
     Section 327. Liens
       The State would place liens on all nonexempt real and 
     titled personal property for child support arrearages, 
     updating the value of the lien on a regular basis.
     Section 328. Fraudulent transfer pursuit
       Would require agencies to view any transfer of property for 
     significantly less than the market value by a person who owes 
     child support arrearages as an attempt to avoid paying child 
     support arrearages.
     Section 329. Reporting of child support arrearages to credit 
         bureaus
       Would require the total amount of the monthly support 
     obligation to be reported to credit bureaus.
     Section 330. Denial of passports to noncustodial parents 
         subject to State arrest warrants in cases of nonpayment 
         of child support
       The Secretary of State is authorized to refuse a passport 
     or revoke, restrict, or limit a passport for any person 
     owning child support in any case that is not less than 
     $10,000.
     Section 331. Statutes of limitations
       The age through which a State could pursue back child 
     support would be extended until the child to whom the support 
     is owed reaches age 30.
     Section 332. Collection of past-due support using tax 
         collection authority
       The role of the IRS would be expanded to include collection 
     of delinquent child support orders.

                   Subtitle D--State Responsibilities

     Section 341. Start role
       Each State would be required to establish an automated 
     central State registry of child support orders, which, under 
     a phase-in plan, would eventually contain all child support 
     orders entered, modified, or enforced in the State.
     Section 342. Uniform terms in orders
       There would be a uniform abstract of a child support order 
     developed, for use by the child support order registry. The 
     uniform order would contain all pertinent information for the 
     registry.
     Section 343. States required to enact the uniform interstate 
         family support act
       Each State must have in effect laws which adopt the 
     officially approved version of the Uniform Interstate Family 
     Support Act.
     Section 344. Expedited processes and administrative 
         procedures
       Non-compliant States with judicial systems for processing 
     child support cases would be required to convert to 
     administrative system.
     Section 345. Due process
       Due process would ensure that individuals who are parties 
     to cases in which services are being provided under this part 
     receive notice of all proceedings in which support 
     obligations might be established or modified; and receive a 
     copy of all modifications; and have timely access to a fair 
     hearing of their complaint procedure.
     Section 346. Outreach and accessibility
       States would be required to use the uniform federal 
     application for child support.
     Section 347. Cost-of-living adjustment of child support 
         awards
       States would be required to adjust child support orders for 
     cost-of-living increases. The agencies would also be required 
     to notify the individual obliged to pay child support and the 
     individual owed child support of the adjustments.
     Section 348. Simplified process for review and adjustment of 
         certain child support orders
       States would be required to review a child support order 
     every 3 years at the request of either parent subject to such 
     order.
     Section 349. Prevention of conflict of interest
       To ensure that States do not provide to any noncustodial 
     parent of a child representation relating to the review or 
     adjustment of an order for the payment of child support with 
     respect to the child, unless the State makes provision for 
     such representation outside the State agency.
     Section 350. Staffing
       The Secretary of Health and Human Services would conduct a 
     study on staffing for each State child support enforcement 
     program to report to Congress.
     Section 351. Training
       Would provide federal training assistance and funding for 
     training to States. States would develop and implement a 
     training program under which training is to be provided at 
     least once per year to all personnel performing functions 
     under the State plan.
     Section 352. Priorities in distribution of collected child 
         support
       Amounts collected as support by a State would be allocated 
     as follows: First, for cash support payments. Then, for 
     payments related to health care insurance coverage of 
     children covered by the order. Finally, for payments of 
     support that are past due, and for payment of unreimbursed 
     health care expenses.
     Section 353. Teenage noncustodial parents and child support
       The States would be given authority to temporarily waive 
     the right to collect child support obligations of teen 
     noncustodial parents who are participating in a State 
     educational or employment preparation program.

         Subtitle E--Demonstrations, Grants, and Miscellaneous

     Section 361. Establishment of child support assurance 
         demonstration projects
       In order to encourage States to provide a guaranteed 
     minimum level of child support for every eligible child not 
     receiving such support, the Secretary of HHS will make grants 
     to 6 States to conduct demonstration projects to establish 
     system of minimum child support.
     Section 362. Establishment of simple child support 
         modification demonstration projects
       Secretary of HHS would make grants to not more than 5 
     States to conduct demonstration projects for the purpose of 
     establishing a simple process for the modification of child 
     support orders based on changed family circumstances.
     Section 363. Establishment of demonstration projects for 
         providing services to certain noncustodial parents
       Provides funds for state demonstrations to establish 
     programs for noncustodial parents who are unable to pay child 
     support due to unemployment.
     Section 364. Grants to States for access and visitation 
         programs
       Would enable States to establish and administer programs to 
     support and facilitate absent parents' access to and 
     visitation of their children.
     Section 365. Technical correction to ERISA definition of 
         medical child support order
       Would amend language in Employee Retirement Income Security 
     Act of 1974.

                        Subtitle F--Tax Reforms

     Section 371. Quarterly advanced EITC
       Require the Secretary of the Treasury within 6 months of 
     enactment of this act to develop a quarterly multi-state 
     Advanced Earned Income Tax Credit demonstration program.
     Section 372. Expansion of the tax counseling for the elderly 
         programs
       Expand the TCE program to also provide funds for tax 
     assistance to low income families targeting AFDC, Food Stamp 
     recipients, the homeless and those families that receive 
     child care assistance through the At-Risk program. Funds 
     could be used to recruit, train, coordinate and provide 
     oversight of volunteers. Funds could also be used to assist 
     low income persons with tax audits, administrative hearings 
     and obtaining assistance through the judicial system. 
     Families at or below 185% of the poverty would be eligible.


                          title iv--child care

     Section 401. Child care for needy families block grant
       The following programs would be repealed: AFDC JOBS Child 
     Care, At-Risk Child Care, Transitional Child Care, Child Care 
     and Development Block Grant, Child Development Associate 
     Program, State Dependent Care Planning and Development 
     Grants. A new capped entitlement would be created. Each state 
     would receive the aggregate amount of child care funds they 
     received in FY 95. Any additional amounts will be made 
     available to states that maintain state
      spending levels on child care in FY 95 plus put up $1 for 
     every $4 of new money.
       FY 95 would serve as the base year. All states would 
     receive the amount they received in FY 95. No state will 
     receive less--hold harmless provision. The additional funds 
     available through the block grant would be based on a new 
     funding formula.
       Formula:
       Hold Harmless provision--every state will receive a base 
     amount equivalent to the aggregate amount of the above 
     programs in FY 1995.
       All additional funds will be allocated based on each 
     state's proportion of poor children.
     Section 402. Repeals and technical and conforming amendments
       Related Repeal and conforming amendments
     Section 403. State option to extend transitional medicaid 
         benefits
       States are permitted to extend Medicaid for 1 additional 
     year.


                       title v--equity investment

     Section 501. Short title
       This title may be cited as the ``Equity Investment 
     Development Act of 1995''.
     [[Page S6088]] Section 502. Definitions
       Defines key terms used in this title.

            Subtitle A--Equity Investment Development Zones

     Section 511. Designation procedure
       Would designate 10 areas as equity investment development 
     zones, using the designation process provided in this 
     section.
     Section 512. Eligibility criteria
       Establishes criteria for eligibility to be designated as a 
     development zone. These criteria include a limit on 
     population, a limit on size of area, a minimum poverty rate, 
     and other requirements.
     Section 513. Period for which designation is in effect
       Would allow any designation under this section to remain 
     unless revoked by the appropriate Secretary. The appropriate 
     Secretary would revoke a designation if the average poverty 
     rate of the area equals the States, or if the area has an 
     average unemployment rate that is less than or equal to the 
     average of the State or States in its zone.
     Section 514. Subsequent designations
       Would allow the appropriate Secretaries to designate no 
     more than 100 additional areas as equity investment 
     development zones within 6 years of enactment of this title.
     Section 515. Special Rules
       Would require each local government or State that seeks to 
     nominate the same area to comply with all requirements of 
     this subtitle. Would treat an area nominated by an economic 
     development corporation chartered by the State the same as an 
     area nominated by a local government or a State.

         Subtitle B--Equity Investments in Qualified Companies

                      Part I--Certificate Program

     Section 521. Calculation of imputed earnings; issuance of 
         certificates
       Would establish a single rate of interest applicable to all 
     reserves. The Board would make necessary changes to interest 
     rate, and calculate the imputed earnings on all reserves 
     during the preceding years.
     Section 522. Investment in qualified companies
       Would issue a certificate to an insured depository 
     institution that could: (1) be used to make an equity 
     investment in one or more qualified companies in the amount 
     equal to the adjusted face value of the certificate; (2) be 
     transferred by the insured depository institution to the 
     Corporation; or (3) be sold by the insured depository 
     institution to a third party.
     Section 523. Reimbursement
       Establishes procedure for reimbursement relating to direct 
     investment.
     Section 524. Transferability of certificates
       Would allow each certificate under this part to be fully 
     transferable.
     Section 525. Expiration of certificates
       Would establish that each certificate expires after two 
     year period at issuance of certificate.
     Section 526. Effective date
       Would become effective on the date on which all of the 
     initial designations of areas are made.

            Part II--Community Equity Investment Corporation

     Section 531. Establishment
       Would establish a corporation called the Community Equity 
     Investment Corporation.
     Section 532. Incorporators; Board of Directors
       Designates the board of directors.
     Section 533. Restrictions on transferability of corporation 
         stock
       Would not allow transfer of corporation stock for 5 years.
     Section 534. Dissolution of the corporation
       Establishes procedures for the dissolution of the 
     corporation.

    Subtitle C--Assistance to Qualified Companies Receiving Equity 
                              Investments

     Section 541. Wage supplementation program
       Establishes procedures for wage supplementation.


                        title vi--effective date

     Section 601. Effective date
       This Act and the amendments made by this Act shall take 
     effect on October 1, 1995.
                                 ______

      By Mr. D'AMATO (for himself and Mr. Moynihan):
  S. 747. A bill to require the President to notify the Congress of 
certain arms sales to Saudi Arabia until certain outstanding commercial 
disputes between United States nationals and the Government of Saudi 
Arabia are resolved; to the Committee on Banking, Housing, and Urban 
Affairs.


          THE SAUDI ARABIAN ARMS SALES LIMITATION ACT OF 1995

  Mr. D'AMATO. Mr. President, I rise today, on behalf of myself and 
Senator Moynihan, to introduce the Saudi Arabian Arms Sales Limitation 
Act of 1995. This legislation is designed to rectify a wrong that has 
been placed on an American company with New York roots by the 
Government of Saudi Arabia.
  Specifically, this legislation would modify section 36(b)(1) of the 
Arms Export and Control Act to require congressional oversight and 
scrutiny of all arms sales to the Government of the Kingdom of Saudi 
Arabia until such time as the Secretary of State certifies and reports 
to Congress that the unpaid claims of American companies described in 
the June 30, 1993 report by the Secretary of Defense pursuant to 
section 9140(c) of the Department of Defense Appropriation Act, 1993--
Public Law 102-396; 106 Stat. 1939--have been resolved satisfactorily. 
This would also include the additional claims noticed by the Department 
of Commerce on page 2 of the report.
  The claim of a New York company, Gibbs & Hill, Inc., falls under this 
legislation. The company, which was a large employer in New York, 
sought to have its claim paid through the special claims process 
established for the resolution of claims of American companies which 
had not received fair treatment in their commercial dealing with the 
Government of the Kingdom of Saudi Arabia. The Gibbs & Hill claim is 
the last remaining unpaid claim awaiting resolution under the special 
claims process. Gibbs & Hill was decimated by financial losses incurred 
in the design of the desalination and related facilities for the Yanbu 
industrial city in Saudi Arabia in the late 1970's and early 1980's as 
a result of the kingdom's failure to honor its contractual obligations 
and pay for work done for the company.
  Myself and many of my colleagues wrote to Saudi Ambassador, Bandar 
bin Sultan, who has authority to pay the claim, to express my concern 
that
 outstanding United States commercial claims be successfully resolved. 
In particular, I stated my concern that American companies may learn of 
the difficulties faced by United States firms in their efforts to 
achieve just settlements of their disputes and may become reluctant to 
do business in Saudi Arabia thereby depriving both countries of a 
valuable form of business exchange.

  Now, we have the opportunity to conclude the special claims process 
established in 1992 for the resolution of claims of American companies 
for work in the kingdom. The kingdom has made a series of commitments 
to our Government to favorably resolve the claim for Gibbs & Hill. 
These commitments date from April 1993 and were reiterated both in 
Washington and in Riyadh on the eve of the gulf crisis, October 7, 
1994, when our Nation once again come to the kingdom's rescue. While we 
saved the kingdom's assets once again, Gibbs & Hill has yet to be paid.
  Administration officials, and numerous Senators and Members of 
Congress have repeatedly expressed their concern that this claims issue 
be successfully concluded through payment to Gibbs & Hill. The delaying 
tactics of the kingdom, which stands in stark contrast to our immediate 
response to their needs, can no longer be tolerated. Further delay 
simply casts a shadow over our bilateral relationship that eclipses the 
good-faith efforts which we have exerted together on the claims issue 
and indeed on all issues.
  I urge my colleagues in the Congress to support this legislation. I 
also hope that the ensuing discussion of this legislation will focus on 
additional measures to ensure that the unfair treatment of Gibbs & Hill 
in its commercial dealings with the Saudi Arabian Government during the 
course of performing its work on behalf of the Saudi Arabian 
Government, as well as under the special claims process, is not 
repeated. It is with the realization of the past unfair treatment of 
firms such as Gibbs & Hill that I offer this legislation in an effort 
to fully scrutinize our commercial dealings with the kingdom until such 
time as the kingdom demonstrates its intention to honor its obligations 
and commitments.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 747

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

     SECTION 1. NOTIFICATION OF ARMS SALES.

       Until the certification under section 2 is submitted to the 
     Congress, section 36(b)(1) of the Arms Export Control Act 
     shall be applied to sales to Saudi Arabia by substituting in 
     [[Page S6089]] the first sentence ``$10,000,000'' for 
     ``$50,000,000'', ``$50,000,000'' for ``$200,000,000'', and 
     ``$2,000,000'' for ``$14,000,000''.

     SEC. 2. CERTIFICATION.

       Section 1 shall cease to apply if, and when the Secretary 
     of State certifies and reports in writing to the Congress 
     that the unpaid claims of American firms against the 
     Government of Saudi Arabia that are described in the June 30, 
     1993, report by the Secretary of Defense pursuant to section 
     9140(c) of the Department of Defense Appropriations Act, 1993 
     (Public Law 102-896; 106 Stat 1939), including the additional 
     claims noticed by the Department of Commerce on page 2 of 
     that report, have been resolved satisfactorily.
                                 ______

      By Mr. McCAIN:
  S. 748. A bill to require industry cost-sharing for the construction 
of certain new federally funded research facilities, and for other 
purposes; to the Committee on Governmental Affairs.


         THE FEDERAL RESEARCH FINANCING IMPROVEMENT ACT OF 1995

 Mr. McCAIN. Mr. President, today I'm introducing legislation 
to restore fairness and fiscal accountability to the Federal 
Government's many research and development programs and activities.
  The bill would require that commercial interests share the cost of 
constructing and operating new Federal research facilities that are 
intended to benefit their industries.
  This year the Federal Government will spend $73 billion for research 
programs, including facility construction. Many of these programs are 
intended primarily to assist private industries and are sponsored by a 
host of Federal agencies, predominantly the Department of Agriculture, 
the Department of Commerce, and the National Research Council.
  For example, the Department of Agriculture spends nearly $750 billion 
per year for 116 centers under the Agriculture Research Service. These 
federally funded centers are designed to help a variety of agriculture 
industries, many of which have enormous resources and do not require 
Federal assistance. I understand the agency is planning to construct 
even more facilities. Last year, Congress appropriated $26 million to 
construct a new swine research center at Iowa State University, even 
though we already have 12 Federal centers dedicated to swine research. 
This additional facility will cost nearly $10 million a year to 
operate.
  Mr. President, I recognize the importance of research and development 
to our competitiveness and economic growth, although I seriously 
question why we need 13 centers dedicated to swine research. 
Nevertheless, given our serious fiscal condition at a time when we are 
contemplating significant reductions in practically every area of 
domestic discretionary spending, I see absolutely no reason why 
Government research that benefits private industries, many of them 
quite prosperous, should not be cost-shared by the private sector.
  In regard to the Swine Research Center, the pork industry, generates 
nearly $66 billion per year. Surely, it is reasonable to expect the 
industry, and the many others that directly benefit from Federal 
research, to share the cost of that work. I should add that the 
legislation would not require cost sharing for any research conducted 
for the purpose of helping industry comply with Federal regulations.
  Mr. President, industry is historically more cautious with their 
resources than the Federal Government. If the private sector will not 
expend their resources for a program that is intended for their 
benefit, one must question why we would feel compelled to spend the 
taxpayer's hard earned money on the same venture. Public-private cost-
sharing arrangements for commercially oriented Federal research will 
ensure that proposed activities are truly cost-beneficial and that the 
potential outcomes of the research are worth the dollars invested.
  Again, I realize and appreciate the importance of research and 
development. Certainly, activities intended to promote public health 
and safety should not be compromised. I believe, however, that the 
legislation I've introduced is a prudent and responsible approach 
which, no doubt, can be improved, but which should receive the Senate's 
full and timely consideration. I hope that we can have a hearing in the 
very near future to examine what I believe is a very important fiscal 
issue.
                                 ______

      By Mr. AKAKA (for himself and Mr. Rockefeller):
  S. 749. A bill to amend title 38, United States Code, to recise the 
authority relating to the Center for Women Veterans of the Department 
of Veterans Affairs, and for other purposes; to the Committee on 
Veterans' Affairs.


  THE TECHNICAL MODIFICATIONS TO MINORITY VETERANS INITIATIVES ACT OF 
                                  1995

 Mr. AKAKA. Mr. President, in behalf of myself and Senator 
Rockefeller, I am offering legislation today that would make certain 
improvements, largely technical in nature, to provisions affecting 
minority and women veterans that were enacted as part of an omnibus 
veterans benefits measure (Public Law 103-446) late last year.
  As my colleagues recall, among other initiatives, Public Law 103-446 
established within the Department of Veterans Affairs [VA] a Center for 
Minority Veterans, a Center for Women Veterans, and an Advisory 
Committee on Minority Veterans. These provisions were adopted in order 
to ensure that VA appropriately addresses the special needs and 
concerns of veterans who are women or members of minority groups. The 
measure we are introducing today would make the following modifications 
to these initiatives:
  First, it would allow the directors of the Center for Minority 
Veterans and the Center for Women Veterans to have either career or 
noncareer status. Under the legislation adopted last year, both 
directors are required to be noncareer appointees. As the Senate 
sponsor of the legislation that led to the establishment of the two 
Centers, I had wanted the Secretary to retain the discretion to appoint 
either career or noncareer individuals to these jobs and believed that 
there was agreement on this approach with our colleagues in the House. 
Unfortunately, the career alternative was not included in the final 
legislation. The provision in the bill we are introducing today would 
restore that option so that the Secretary will have the option to 
appoint directors with career status so as to be able to consider the 
widest possible field of qualified candidates.
  Second, it would add an additional function to the list of statutory 
functions of the Center for Minority Veterans. Specifically, our 
legislation would require the center to advise the Secretary of the 
effectiveness of VA's efforts to include minority groups in clinical 
research and on the particular health conditions affecting the health 
of minority group members. This provision is consistent with the goals 
set forth in section 492B of the Public Health Service Act. The Center 
for Women Veterans is already mandated by law to carry out a similar 
function with respect to the health of women veterans.
  Third, it would explicitly require that the Center for Minority 
Veterans provide support and administrative services to the Advisory 
Committee on Minority Veterans. This provision is consistent with the 
traditional agency role of providing
 professional and technical support to advisory entities. Again, this 
provision parallels existing law requiring that the Center for Women 
Veterans provide support to the Advisory Committee on Women Veterans.
  Fourth, it would define the minority veterans for whom the Center for 
Minority Veterans has responsibility. Specifically, minority veterans 
are defined as individuals who are Asian-American, black, Hispanic, 
Native American--including American Indian, Alaskan native, and Native 
Hawaiian--and Pacific-Islander-American. This definition is identical 
to the definition included in current law with respect to the Advisory 
Committee on Minority Veterans.
  Fifth, it would extend the termination date of the Advisory Committee 
on Minority Veterans an additional 2 years, from December 31, 1997, to 
December 31, 1999. This provision is necessary because delays in 
establishing the Advisory Committee have reduced its potential working 
life to significantly less than the 3 years authorized by Congress. 
Extending the life of the Advisory Committee to December 1999 is not 
unreasonable, given that all other statutory VA advisory boards, 
including the Advisory Committee on Women Veterans, the Advisory 
Committee on Former Prisoners of War, 
[[Page S6090]] and the Advisory Committee on Prosthetics and Special-
Disabilities Programs, are authorized permanently.
  Finally, our bill would give the Advisory Committee on Minority 
Veterans and the Advisory Committee on Women Veterans responsibility 
for monitoring and evaluating the respective activities of the Center 
for Minority Veterans and the Center for Women Veterans. Insofar as the 
Advisory Committees were established to oversee all of the activities 
of the Department of Veterans Affairs with respect to minorities and 
women, they necessarily should be tasked with overseeing the work of 
the very offices that are chiefly responsible for ensuring that the 
special needs of minority and female veterans are accommodated by VA.
  Mr. President, I urge my colleagues to support this measure.
  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. 749

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

     SECTION 1. REVISION OF AUTHORITY RELATING TO CENTERS.

       (a) SES Status of Directors.--Sections 317(b) and 318(b) of 
     title 38, United States Code, are each amended by inserting 
     ``career or'' before ``noncareer''.
       (b) Additional Functions of Center for Minority Veterans.--
     Section 317(d) of such title is amended--
       (1) by redesignating paragraph (10) as paragraph (12); and
       (2) by inserting after paragraph (9) the following new 
     paragraphs (10) and (11):
       ``(10) Advise the Secretary and other appropriate officials 
     on the effectiveness of the Department's efforts to 
     accomplish the goals of section 492B of the Public Health 
     Service Act (42 U.S.C. 289B of the Public Health Service Act 
     (42 U.S.C. 289a-2) with respect to the inclusion of members 
     of minority groups in clinical research and on particular 
     health conditions affecting the health of members of minority 
     groups which should be studied as part of the Department's 
     medical research program and promote cooperation between the 
     Department and other sponsors of medical research of 
     potential benefit to veterans who are minorities.
       ``(11) Provide support and administrative services to the 
     Advisory Committee on Minority Veterans provided for under 
     section 544 of this title.''.
       (c) Definition of Minority Veterans.--Section 317 of such 
     title is further amended by adding at the end the following:
       ``(g) In this section--
       ``(1) The term `veterans who are minorities' means veterans 
     who are minority group members.
       ``(2) The term `minority group member' has the meaning 
     given such term in section 544(d) of this title.''.
       (d) Clarification of Functions of Center for Women 
     Veterans.--Section 318(d)(10) of such title is amended by 
     striking out ``(relating to'' and all that follows through 
     ``and of'' and inserting in lieu thereof ``(42 U.S.C. 288a-2) 
     with respect to the inclusion of women in clinical research 
     and on''.

     SEC. 2 OVERSIGHT OF CENTERS BY ADVISORY COMMITTEES.

       (a) Center for Women Veterans.--Section 542(b) of title 38, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Committee shall monitor and evaluate the 
     activities of the Center for Women Veterans provided for 
     under section 318 of this title and report to the Secretary 
     the results of such monitoring and evaluation at the request 
     of the Secretary.''.
       (b) Center for Minority Veterans.--Section 544(b) of such 
     title is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Committee shall monitor and evaluate the 
     activities of the Center for Minority Veterans provided for 
     under section 317 of this title and report to the Secretary 
     the results of such monitoring and evaluation at the request 
     of the Secretary.''.

     SEC. 3. EXTENSION OF TERMINATION DATE OF ADVISORY COMMITTEE 
                   ON MINORITY VETERANS.

       Section 544(e) of title 38, United States Code, is amended 
     by striking out ``December 31, 1997'' and inserting in lieu 
     thereof ``December 31, 1999''.
                                 ______

      By Mr. PACKWOOD (for himself and Mr. Moynihan):
  S. 750. A bill to amend the Internal Revenue Code of 1986 to properly 
characterize certain redemptions of stock held by corporations; to the 
Committee on Finance.


                    redemption of stocks legislation

 Mr. PACKWOOD. Mr. President, recent news reports suggest that 
corporate taxpayers may be attempting to dispose of stock of other 
corporations through stock redemption transactions that are the 
economic equivalent of sales. The transactions are structured so that 
the redeemed corporate shareholder apparently expects to take the 
position that the transaction qualifies for the corporate dividends 
received deduction and therefore substantially avoids the payment of 
full tax on the gain that would apply to a sales transaction.
  For example, it has been reported that Seagram Co. intends to take 
the position that the corporate dividends received deduction will 
eliminate tax on significant distributions received from DuPont Co. in 
a redemption of almost all the DuPont stock held by Seagram, coupled 
with the issuance of certain rights to reacquire DuPont stock. (See, 
e.g. Landro and Shapiro, Hollywood Shuffle, Wall Street Journal, April 
7, 1995; Sloan, For Seagram and DuPont, a Tax Deal that No One Wants to 
Brandy About, Washington Post, April 11, 1995; Sheppard, Can Seagram 
Bail Out of DuPont without Capital Gain Tax, Tax Notes Today, 95 TNT 
75-4, April 10, 1995.) Moreover, it is reported that investment bankers 
and other advisors are actively marketing this potential transaction.
  Today we introduce legislation intended to curtail the use of such 
transactions immediately. We believe the approach adopted in the bill 
is the correct approach, given the incentives under present law for 
corporations to structure transactions in an attempt to obtain the 
benefits of the dividends received deduction. We welcome comments on 
the bill and recognize that additional or alternative legislative 
changes may also be appropriate. However, it is anticipated that any 
legislative change that is enacted would apply to transactions after 
May 3, 1995.
  No inference is intended that any transaction of the type described 
in the proposed legislation would in fact produce the results 
apparently sought by the taxpayers under present law. The bill does not 
address and does not modify present law regarding whether a transaction 
would otherwise be eligible for the dividends received deduction, nor 
is it intended to restrict the IRS or Treasury Department from issuing 
guidance regarding these or other issues.
  The bill is directed at corporate shareholders because it is believed 
that the existence of the dividends received deduction under present 
law creates incentives for corporate taxpayers to report transactions 
selectively as dividends or sales. No
 inference is intended that any transaction characterized as a sale 
under the bill necessarily would be so characterized if the shareholder 
were an individual.


                        Description of the Bill

  Under the bill, except as provided in regulations, any non pro rata 
redemption or partial liquidation distribution to a corporate 
shareholder that is otherwise eligible for the dividends received 
deduction under section 243, 244, or 245 of the Code would be treated 
as a sale of the stock redeemed. The bill applies to dividends to 80-
percent shareholders that would qualify for the 100-percent dividends 
received deduction as well as to other transactions qualifying for a 
lesser dividends received deduction. It is not intended to apply to 
dividends that are eliminated between members of affiliated groups 
filing consolidated returns. However, it is expected that the Treasury 
Department will consider whether any changes to the consolidated return 
regulations would be necessary to prevent avoidance of the purposes of 
the bill.
  The bill would replace the present-law provision (sec. 1059(e)(1)) 
that requires a corporate shareholder to reduce basis--but not 
recognize immediate gain--in the case of certain non pro rata 
redemptions or partial liquidation distributions.
  It is intended that the bill apply to all non pro rata redemptions 
except to the extent provided by regulations.
  The bill retains the existing Treasury Department regulatory 
authority, contained in section 1059(g) of present law, to issue 
regulations, including regulations that provide for the application of 
the provision in the case of stock dividends, stock splits, 
reorganizations, and other similar transactions and in the case of 
stock held by pass through entities. Thus, the Treasury Department can 
issue regulations to 
[[Page S6091]] carry out the purposes or prevent the avoidance of the 
bill.
  It is expected that recapitalizations or other transactions that 
could accomplish results similar to any non pro rata redemption or 
partial liquidation will also be subject to the provisions of the bill 
as appropriate.
  It is also expected that redemptions of shares held by a partnership 
will be subject to the provision to the extent there are corporate 
partners.
  There are concerns that taxpayers might seek to structure 
transactions to take advantage of sale treatment and inappropriately 
recognize losses. It is expected that the Treasury Department will by 
regulations address these and other concerns, including by denying 
losses in appropriate cases or providing rules for the allocation of 
basis.
  It is anticipated that the private tax bar and other tax experts will 
provide input concerning the proposed legislation before its enactment. 
It is hoped that this process will identify any problems with the 
proposed legislation and potential improvements. Comment is encouraged 
in particular with respect to the loss disallowance provision, 
including whether the loss disallowance should be mandatory. Comment is 
also encouraged as to whether additional transition should be provided 
for existing rights to redeem contained in the terms of outstanding 
stock or otherwise.


                             Effective Date

  The bill would be effective for redemptions occurring after May 3, 
1995, unless pursuant to the terms of a written binding contract in 
effect on May 3, 1995 or pursuant to the terms of a tender offer 
outstanding on May 3, 1995.
  No inference is intended regarding the tax treatment of any 
transaction within the scope of the bill. For example, no inference is 
intended that any transaction within the scope of the bill would 
otherwise be treated as a sale or exchange under the provisions of 
present law. At the same time, no inference is intended that any 
distribution to an individual shareholder that would be within the 
scope of the bill if made to a corporation should be treated as a sale 
or exchange to that individual because of the existence of the 
bill.
                                 ______

      By Mr. EXON:
  S. 751. A bill to provide that certain games of chance conducted by a 
nonprofit organization not be treated as an unrelated business of such 
organization; to the Committee on Finance.


                            tax legislation

  Mr. EXON. Mr. President, today I am introducing legislation to repeal 
an obscurely worded provision in the 1986 Tax Reform Act which makes 
fundraising proceeds from games of chance conducted by nonprofit 
organizations subject to the unrelated business income tax [UBIT]. The 
1986 change was effective for all States except North Dakota, which 
received a special exception from the rule. The effect of the change is 
that nonprofit groups must pay taxes on these proceeds at the corporate 
income tax rate.
  In Nebraska, various churches, charities, veterans groups, and other 
nonprofit organizations use pull tab lottery cards for fundraising. 
Locally, these cards are known as pickle cards because they were often 
held for sale in old, large pickle jars. Pickle card fundraising in 
Nebraska is limited under State law only to nonprofit organizations. 
The problem with the 1986 change was that it was so obscure that many 
nonprofit groups had no knowledge of the new requirement to pay the 
added tax until 1990. Most, if not all, of the Nebraska nonprofit 
organizations conducting games of chance had a rude awakening when the 
Internal Revenue Service informed them of the back taxes they owed 
along with interest and penalties.
  Most of these nonprofit groups are relatively small and they spend 
the funds raised by gaming each year. You can imagine their shock when 
they learned that they owed in some cases tens of thousands of dollars 
for a tax that they did not realize must be paid. In addition to the 
strain this puts on their finances, the IRS is now challenging
 the not-for-profits status of at least one Nebraska group based on the 
amount of funds raised through charitable gaming. Over 200 Nebraska 
charities have been affected by this confusing change in our law and my 
inconsistent enforcement by the IRS. I know that this has also been a 
problem in the past in other States, including Maryland and Minnesota.

  The funds that these nonprofit organizations raise are used to 
support charitable causes and community services. The intention of the 
unrelated business income tax, enacted in 1950, is to eliminate the 
competitive advantage of certain tax-exempt organizations that engage 
in business in direct competition with taxable entities. In Nebraska, 
these nonprofits are not competing with private companies because, by 
Nebraska statute, only nonprofit organizations can raise money by 
selling pickle cards. I believe the solution to this problem is to 
eliminate the 1986 change, as the bill I am introducing today would do. 
This legislation would restore fairness and sensibility to our Tax Code 
and help to ensure that nonprofit organizations are able to continue to 
provide essential services and support in our communities.
                                 ______

      By Mr. SIMON (for himself and Ms. Moseley-Braun):
  S. 752. A bill to amend the Harmonized Tariff Schedule of the United 
States to restore the duty rate that prevailed under the tariff 
schedules of the United States for certain twine, cordage, ropes, and 
cables; to the Committee on Finance.


                           Tariff legislation

  Mr. SIMON. Mr. President, today I introduce legislation to correct an 
error that was made in the 1988 Harmonized Tariff Schedule [HTSUS].
  Uni-Pac Equipment, Inc., of Bridgeview, IL, has served as the U.S. 
distributor of a Swiss company, Peter Born, since 1983. Born 
manufactures a sophisticated machine for tying the top layers of 
products stacked pallets. The Born palletyer requires a highly 
specialized twine with a high tensile strength in order to operate 
effectively.
  Since 1984, Uni-Pac has been importing the twine used in these 
machines at a duty rate of 8 percent under tariff 316.5500 [TSUSA]. 
When the 1988 Harmonized Tariff Schedule came into effect an error was 
discovered. Due to an oversight by someone at the International Trade 
Commission when writing the language of the HTSUS, the tariff covering 
the twine that Uni-Pac imports was accidentally omitted. This was a 
mistake. The HTSUS was not supposed to change any prevailing duties 
when it became law. However, because of the omission, the twine 
imported by Uni-Pac was bumped to the other classification with a duty 
rate of 27.6 cents per kilogram and a 15 percent duty, a 300-percent 
increase over the previous tariff. This mistake will cost Uni-Pac over 
$100,000 in increased duties if it is not corrected.
  Uni-Pac has sought several remedies to this problem. The 
International Trade Commission does not have the authority to fix it. 
They have looked for other domestic suppliers of this twine, to no 
avail. There are no U.S. manufacturers of any twine that will work in 
their machines, and the twine used in these machines is not used in any 
other machine sold in the United States.
  The only way to fix this problem is to amend the 1988 Harmonized 
Tariff Schedule to include a classification for the twine imported by 
Uni-Pac and restore the duty rate that had previously been in effect. 
This new classification is limited in its scope so that it only covers 
the twine imported by Uni-Pac for use in the Born palletyer. This 
legislation also liquidates the increased duties that resulted from the 
omission of this classification in the 1988 HTSUS.
  I am indebted to my colleague in the House, Mr. Lipinski, for his 
work on this issue. This is not a controversial issue, so I am hopeful 
that we can move quickly to address this problem.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 752

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

     SECTION 1. TWINE, CORDAGE, ROPES, AND CABLES.

       (a) Tariff Reduction.--Chapter 56 of the Harmonized Tariff 
     Schedule of the United States is amended by striking 
     subheading 
     [[Page S6092]] 5607.50.20 and inserting the following new 
     superior text and subheadings, with the superior text having 
     the same degree of indentation as the article description in 
     subheading 5607.50.40:

``5607.50.2  Not braided or plaited. Three                              
 5.           ply twine of nylon having a                               
              final `S' twist; measuring                                
              less than 4.8 mm in diameter;                             
              containing at least 10%                                   
              cotton; made of 100% recycled                             
              materials.....................  7.9%    Free              
                                                       (IL)             
                                                      2.4%              
                                                       (CA)             
                                                      5.8%              
                                                       (MX)     76.5%   
5607.50.35.  Other..........................  26.8 c                    
                                               e/kg                     
                                               +                        
                                               14.6%  Free              
                                                       (IL)             
                                                      8.2 cent          
                                                       s/kg +           
                                                      4.5%              
                                                       (CA)             
                                                      13% (M)   27.6 cen
                                                                 t/kg   
                                                                 76.5%.'
                                                                 '      
                                                                        

       (b) Staged Rate Reductions.--
       (1) For subheading 5607.50.25.--Any staged rate reduction 
     of a rate of duty for subheading 5607.49.15 of the Harmonized 
     Tariff Schedule of the United States that was proclaimed by 
     the President before the date of the enactment of this Act 
     shall also apply to the corresponding rate of duty set forth 
     in subheading 5607.50.25 (as added by subsection (a)).
       (2) For subheading 5607.50.35.--Any staged rate reduction 
     of a rate of duty for subheading 5607.50.20 of the Harmonized 
     Tariff Schedule of the United States that was proclaimed by 
     the President before the date of the enactment of this Act 
     and that would otherwise take effect after the date of the 
     enactment of this Act shall also apply to the corresponding 
     rate of duty set forth in subheading 5607.50.35 (as added by 
     subsection (a)).

     SEC. 2. APPLICABILITY.

       (a) In General.--The amendments made by section 1 apply 
     with respect to goods entered, or withdrawn from warehouse 
     for consumption, on or after the 15th day after the date of 
     the enactment of this Act.
       (b) Reliquidation.--Notwithstanding section 514 of the 
     Tariff Act of 1930 or any other provision of law, upon a 
     request filed with the Customs Service on or before the 90th 
     day after the date of the enactment of this Act, any entry, 
     or withdrawal from warehouse for consumption, of any goods 
     described in subheading 5607.50.25 of the Harmonized Tariff 
     Schedule of the United States (as added by section 1(a)) that 
     was made--
       (1) after December 31, 1988; and
       (2) before the 15th day after the date of the enactment of 
     this Act;

     shall be liquidated or reliquidated as though the amendment 
     made by section 1(a) applied to such liquidation or 
     reliquidation.
                                 ______

      By Mr. BAUCUS (for himself, Mr. Leahy, Mr. Lugar, Mr. Daschle, 
        Mr. Craig, Mr. Burns, Mr. Campbell, and Mr. Hatfield):
  S. 753. A bill to allow the collection and payment of funds following 
the completion of cooperative work involving the protection, 
management, and improvement of the National Forest System, and for 
other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


                national forest system land legislation

 Mr. BAUCUS. Mr. President, today I am introducing legislation 
with Senators Leahy, Lugar, Daschle, Craig, Hatfield, Burns, and 
Campbell. This bipartisan bill encourages public-private partnerships 
in the management of our national forests.
  National forests provide some of our Nation's most valued resources--
fish and wildlife species and habitat, rare plants, majestic trees, 
recreation, and outstanding scenery. The U.S. Forest Service is the 
agency charged with the task of managing and protecting these precious 
resources. But it can't do the job alone. Much of the work carried out 
on our national forests is done in partnership with nonprofit 
organizations.
  The Forest Service works with hundreds of nonprofit groups, including 
the Nature Conservancy, Rocky Mountain Elk Foundation, Boy Scouts of 
America, and Trout Unlimited. In Montana, for example, the Rocky 
Mountain Elk Foundation helped improve habitat for elk, mule deer and 
sensitive bird species on the Lolo National Forest. These groups 
contribute millions of dollars and countless hours every year to 
improve our public lands. I think it is time that the U.S. Government 
recognized their importance and made the rules fairer.
  That is why I'm introducing this legislation. This bill will make it 
easier for nonprofit groups to make donations for fish and wildlife 
projects on the national forests. Unlike commercial enterprises that 
pay for resources on the national forests after they use them, 
nonprofit organizations make their full contribution up front. This 
requirement puts these groups at a tremendous disadvantage by causing 
them to forego interest from the time a cost-share agreement is 
finalized to when work is finished--a process that frequently takes 
more than 2 years.
  My legislation levels the playing field for these private partners. 
It authorizes the Forest Service to fund cooperative projects with 
appropriated money and lets cooperators reimburse the Forest Service as 
work is completed rather than having to make their full share in 
contributions by front. My bill also requires the Secretary of 
Agriculture to establish rules regarding the acceptance of 
contributions.
  Everyone wins under this legislation. The Forest Service will 
complete more fish and wildlife projects. Nonprofit groups will have a 
greater incentive to participate in cost-share projects. And, most 
importantly, the American people will see the benefits of improved fish 
and wildlife habitat. In closing, I encourage Congress to act quickly 
on this bill so we can begin to see on-the-ground results.
                                 ______

      By Mr. KENNEDY (for himself, Mr. Simon, and Mrs. Boxer):
  S. 754. A bill to amend the Immigration and Nationality Act to more 
effectively prevent illegal immigration by improving control over the 
land borders of the United States, preventing illegal employment of 
aliens, reducing procedural wiretap and asset forfeiture authority to 
combat alien smuggling and related crimes, increasing penalties for 
bringing aliens unlawfully into the United States, and making certain 
miscellaneous and technical amendments, and for other purposes; to the 
Committee on the Judiciary.


                IMMIGRATION ENFORCEMENT IMPROVEMENTS ACT

  Mr. KENNEDY. Mr. President, it is a privilege to introduce the 
Immigration Enforcement Improvements Act of 1995 today on behalf of the 
Clinton administration.
  This important bill builds upon the administration's already 
impressive record in addressing the pressing national problem of 
illegal immigration.
  We must take strong steps to stop illegal immigration, while 
continuing to welcome those immigrants who enter lawfully within our 
immigration ceilings and contribute so much to the Nation.
  This administration has done more to close the door on illegal 
immigration than any previous administration. With expected increases 
this year and next, we will have increased border control staffing by 
51 percent since President Clinton took office--including border 
patrols and inspectors at border crossing points and airports. We have 
tripled the deportation of illegal immigrants and targeted the removal 
of criminal aliens. We have increased the budget of the Immigration 
Service by over 70 percent from $1.5 billion in 1993 to $2.6 billion 
requested for 1996.
  The real credit for these impressive accomplishments goes to 
President Clinton, Attorney General Janet Reno, and Immigration
 Commissioner Doris Meissner for their effective leadership and 
commitment to meeting the challenge of illegal immigration.

  The legislation introduced today recognizes that there is no single 
solution to illegal immigration. The bill will give the administration 
a variety of tools to control our borders more effectively, to deny 
jobs to illegal workers, and to remove illegal immigrants who are here 
in violation of our laws.
  The bill authorizes increases in enforcement personnel of no less 
than 700 Border Patrol agents annually for the next 3 years, and 
authorizes the increases in INS inspectors needed to enable full 
staffing at airports and entry points.
  The bill imposes new, stiff penalties for alien smuggling, document 
fraud and other serious immigration offenses.
  The bill authorizes pilot programs to test effective ways to verify 
that job applicants are eligible to work in the United States. The goal 
is to find simple and effective ways of denying jobs to illegal 
immigrants, and thereby shutting down the magnet that draws so many 
illegal aliens to this country.
  The bill promotes coordination on workplace enforcement between the 
Immigration Service and the Department of Labor, since employers who 
hire undocumented workers often also violate other labor standards as 
well.
  Finally, the bill expedites the removal of criminal aliens by 
eliminating needless procedures and redtape.
  [[Page S6093]] I commend the administration for their impressive 
initiative. Immigration should not be a partisan issue. In the weeks 
ahead, I look forward to working closely with Senator Simpson, the 
chairman of the Judiciary Subcommittee on Immigration, and with many 
other colleagues on both sides of the aisle to bring bipartisan 
legislation before the Senate capable of dealing with the serious 
challenges we face.
  I ask unanimous consent that a more detailed summary of the bill may 
be printed in the Record, along with the text of the bill itself.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                 S. 754

       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 ``Immigration Enforcement 
     Improvements Act of 1995''.

     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--BORDER ENFORCEMENT

Sec. 101. Authorization for Border Control Strategies.
Sec. 102. Border Patrol Expansion.
Sec. 103. Land Border Inspection Enhancements.
Sec. 104. Increased Penalties for Failure to Depart, Illegal Reentry, 
              and Passport and Visa Fraud.
Sec. 105. Pilot Program on Interior Repatriation of Deportable or 
              Excludable Aliens.
Sec. 106. Special Exclusion in Extraordinary Migration Situations.
Sec. 107. Immigration Emergency Provisions.
Sec. 108. Commuter Lane Pilot Programs.

       TITLE II--CONTROL OF UNLAWFUL EMPLOYMENT AND VERIFICATION

Sec. 201. Reducing the Number of Employment Verification Documents.
Sec. 202. Employment Verification Pilot Projects.
Sec. 203. Confidentiality of Data Under Employment Eligibility 
              Verification Pilot Projects.
Sec. 204. Collection of Social Security Numbers.
Sec. 205. Employer Sanctions Penalties.
Sec. 206. Criminal Penalties for Document Fraud.
Sec. 207. Civil Penalties for Document Fraud.
Sec. 208. Subpoena Authority.
Sec. 209. Increased Penalties for Employer Sanctions Involving Labor 
              Standards Violations.
Sec. 210. Increased Civil Penalties for Unfair Immigration-Related 
              Employment Practices.
Sec. 211. Retention of Employer Sanctions Fines for Law Enforcement 
              Purposes.
Sec. 212. Telephone Verification System Fee.
Sec. 213. Authorizations.

                    TITLE III--ILLEGAL ALIEN REMOVAL

Sec. 301. Civil Penalties for Failure to Depart.
Sec. 302. Judicial Deportation.
Sec. 303. Conduct of Proceedings by Electronic Means.
Sec. 304. Subpoena Authority.
Sec. 305. Stipulated Exclusion and Deportation.
Sec. 306. Streamlining Appeals from Orders of Exclusion and 
              Deportation.
Sec. 307. Sanctions Against Countries Refusing to Accept Deportation of 
              Their Nationals.
Sec. 308. Custody of Aliens Convicted of Aggravated Felonies.
Sec. 309. Limitations on Relief from Exclusion and Deportation.
Sec. 310. Rescission of Lawful Permanent Resident Status.
Sec. 311. Increasing Efficiency in Removal of Detained Aliens.

                   TITLE IV--ALIEN SMUGGLING CONTROL

Sec. 401. Wiretap Authority for Investigations of Alien Smuggling and 
              Document Fraud.
Sec. 402. Applying Racketeering Offenses to Alien Smuggling.
Sec. 403. Expanded Asset Forfeiture for Smuggling or Harboring Aliens.
Sec. 404. Increased Criminal Penalties for Alien Smuggling.
Sec. 405. Undercover Investigation Authority.
Sec. 406. Amended Definition of Aggravated Felony.

                  TITLE V--INSPECTIONS AND ADMISSIONS

Sec. 501. Civil Penalties for Bringing Inadmissible Aliens from 
              Contiguous Territories.
Sec. 502. Definition of Stowaway; Excludability of Stowaway; Carrier 
              Liability for Costs of Detention.
Sec. 503. List of Alien and Citizen Passengers Arriving or Departing.
Sec. 504. Elimination of Limitations on Immigration User Fees for 
              Certain Cruise Ship Passengers.
Sec. 505. Transportation Line Responsibility for Transit Without Visa 
              Aliens.
Sec. 506. Authority to Determine Visa Processing Procedures.
Sec. 507. Border Services User Fee.

            TITLE VI--MISCELLANEOUS AND TECHNICAL AMENDMENTS

Sec. 601. Alien Prostitution.
Sec. 602. Grants to States for Medical Assistance to Undocumented 
              Immigrants.
Sec. 603. Technical Corrections to Violent Crime Control Act and 
              Technical Corrections Act.
Sec. 604. Expeditious Deportation.
Sec. 605. Authorization for Use of Volunteers.
                      TITLE I--BORDER ENFORCEMENT

     SEC. 101. AUTHORIZATION FOR BORDER CONTROL STRATEGIES.

       There are authorized to be appropriated to the Department 
     of Justice such funds as may be necessary to provide for 
     expansion of efforts to prevent illegal immigration through 
     direct deterrence at the land borders of the United States.

     SEC. 102. BORDER PATROL EXPANSION.

       The Attorney General, in each of fiscal years 1996, 1997, 
     and 1998, shall increase to the maximum extent feasible and 
     consistent with standards of professionalism and training 
     requirements, the number of full time, active-duty Border 
     Patrol agents by no fewer than 700, above the number so such 
     agents on duty at the end of fiscal year 1995, as well as 
     hire an appropriate number of personnel needed to support 
     these agents.

     SEC. 103. LAND BORDER INSPECTION ENHANCEMENTS.

       To eliminate undue delay in the thorough inspection of 
     persons and vehicles lawfully attempting to enter the United 
     States, the Attorney General, subject to appropriation or 
     availability of funds in the Border Services User Fee 
     Account, shall increase in fiscal years 1996 and 1997 the 
     number of full time land border inspectors assigned to active 
     duty by the Immigration and Naturalization 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.

     SEC. 104. INCREASED PENALTIES FOR FAILURE TO DEPART, ILLEGAL 
                   REENTRY, AND PASSPORT AND VISA FRAUD.

       (a) The United States Sentencing Commission shall promptly 
     promulgate, pursuant to 28 U.S.C. 994, amendments to the 
     sentencing guidelines to make appropriate increases in the 
     base offense levels for offenses under section 242(e) and 
     276(b) of the Immigration and Nationality Act (8 U.S.C. 
     1252(e) and 1326(b)) to reflect the amendments made by 
     section 130001 of the Violent Crime Control and Law 
     Enforcement Act of 1994, Pub. L. 103-322, 108 Stat. 1796, 
     2023 (Sept. 13, 1994).
       (b) The United States Sentencing Commission shall 
     promulgate, pursuant to 28 U.S.C. 994, amendments to the 
     sentencing guidelines to make appropriate increases in the 
     base offense levels for offenses under 18 U.S.C. 1541-1546 to 
     reflect the amendments made by section 130009 of the Violent 
     Crime Control and Law Enforcement Act of 1994, Pub. L. 103-
     322, 108 Stat. 1796, 2030 (Sept. 13, 1994).

     SEC. 105. PILOT PROGRAM ON INTERIOR REPATRIATION OF 
                   DEPORTABLE OR EXCLUDABLE ALIENS.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Attorney General, after 
     consultation with the Secretary of State, may establish a 
     pilot program for up to two years which provides for interior 
     repatriation and other disincentives for multiple unlawful 
     entries into the United States.
       (b) Report.--If the Attorney General establishes such a 
     pilot program, not later than 3 years after the date of 
     enactment of this Act, the Attorney General, together with 
     the Secretary of State, shall submit a report to the 
     Committees on the Judiciary of the House of Representatives 
     and of the Senate on the operation of the pilot program under 
     this section and whether the pilot program or any part 
     thereof should be extended or made permanent.

     SEC. 106. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION 
                   SITUATIONS.

       Section 235 of the Immigration and Nationality Act (8 
     U.S.C. 1225) is amended--
       (a) in subsection (b), by inserting at the end the 
     following sentence: ``If the alien has arrived from a foreign 
     territory contiguous to the United States, either at a land 
     port of entry
      or on the land of the United States other than at a 
     designated port of entry, the alien may be returned to 
     that territory pending the inquiry.''
       (b) by adding at the end the following new subsections (d) 
     and (e):
       ``(d) Special Exclusion for Extraordinary Migration 
     Situations.--
       ``(1) Notwithstanding the provisions of section (b) of this 
     section and of section 236, the Attorney General under the 
     circumstances described in subparagraphs (A) or (B) may, 
     without referral to an immigration judge, order the exclusion 
     and deportation of an alien who appears to an examining 
     immigration officer to be excludable. The Attorney General 
     shall by regulation establish a procedure for special orders 
     of exclusion and deportation under this subsection when, in 
     the case of an alien who is, or aliens who are excludable 
     under section 212(a)--
       ``(A) The Attorney General determines that the numbers or 
     circumstances of aliens en route to or arriving in the United 
     States, including by aircraft, present an extraordinary 
     migration situation; or
       ``(B) The alien--
       [[Page S6094]] ``(i) is brought or escorted under the 
     authority of the United States into the United States, having 
     been on board a vessel encountered outside of the territorial 
     waters of the United States by officers of the United States;
       ``(ii) is brought or escorted under the authority of the 
     United States to a port of entry, having been on board a 
     vessel encountered within the territorial sea or internal 
     waters of the United States; or
       ``(iii) has arrived on a vessel transporting aliens to the 
     United States without such alien having received prior 
     official authorization to come to, enter, or reside in the 
     United States.

     ``The judgment whether there exists an extraordinary 
     migration situation within the meaning of (A) or whether to 
     invoke the provisions of (B) is committed to the sole and 
     exclusive discretion of the Attorney General; provided, that 
     the provisions of this subsection may be invoked by the 
     Attorney General under subparagraph (A) for a period not to 
     exceed ninety days, unless, within such ninety-day period or 
     extension thereof, the Attorney General determines, after 
     consultation with the Committees on the Judiciary of the 
     Senate and the House of Representatives, that an 
     extraordinary migration situation continues to warrant such 
     procedures remaining in place for an additional ninety-day 
     period.
       ``(2) As used in this section, `extraordinary migration 
     situation' means the arrival or imminent arrival in the 
     United States or its territorial waters of aliens who by 
     their numbers or circumstances substantially exceed the 
     capacity for the inspection and examination of such aliens.
       ``(3) When the Attorney General determines to invoke the 
     provisions of paragraph (1), the Attorney General may, 
     pursuant to this section and sections 235(e) and 106(f), 
     suspend the normal operation of immigration regulations 
     regarding the inspection and exclusion of aliens.
       ``(4) No alien may be ordered specially excluded under 
     paragraph (1) if: (A) such alien is eligible to seek and 
     seeks asylum under section 208; and (B) the Attorney General 
     determines such alien has a credible fear of persecution on 
     account of race, religion, nationality, membership in a 
     particular social group, or political opinion, in the country 
     of such person's nationality, or in the case of a person 
     having no nationality, the country in which such person last 
     habitually resided. The Attorney General may by regulation 
     provide that, notwithstanding this paragraph, an alien may be 
     returned to a country where the alien does not have a 
     credible fear of persecution or of return to persecution. As 
     used herein, the term ``credible fear of persecution'' means 
     that: (A) there is a substantial likelihood that the 
     statements made by the alien in support of his or her claim 
     are true; and (B) in light of such statements and country 
     conditions, the alien has a reasonable possibility of 
     establishing eligibility as a refugee within the meaning of 
     section 101(a)(42)(A). An alien determined to have a credible 
     fear of persecution shall be taken before an immigration 
     judge for a hearing in accordance with section 236.
       ``(5) Notwithstanding the provisions of paragraph (4), the 
     Attorney General may provide that an application for asylum 
     made by an alien arriving in the United States under the 
     circumstances described in subparagraph (A) of paragraph (1) 
     be considered pursuant to section 208 and any regulations
      promulgated thereunder for applications considered pursuant 
     to this paragraph; Provided, however, that an alien not 
     granted asylum is subject to a special order of exclusion 
     under paragraph (1).
       ``(6) A special exclusion order entered in accordance with 
     the provisions of this subsection is not subject to 
     administrative appeal, except that the Attorney General shall 
     provide by regulation for:
       ``(A) prompt review of such an order against an applicant 
     who appears to have been lawfully admitted for permanent 
     residence; and
       ``(B) prompt review of such an order entered against an 
     alien physically present in the United States who has sought 
     asylum under section 208 and was determined not to have a 
     credible fear of persecution under paragraph (4). Such review 
     shall be conducted by an officer or officers of the 
     Department of Justice specially trained in asylum and refugee 
     law.
       ``(7) A special exclusion order 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(f).
       ``(8) Nothing in this subsection shall be regarded as 
     requiring a hearing before an immigration judge in the case 
     of an alien crewman or alien stowaway.
       ``(e) No Collateral Attack.--In any action brought for the 
     assessment of penalties for improper entry or reentry of an 
     alien under section 275 and 276 of the Immigration and 
     Nationality Act, no court shall have jurisdiction to hear 
     claims attacking the validity of orders of special exclusion 
     entered under this section.''.

     SEC. 107. IMMIGRATION EMERGENCY PROVISIONS.

       (a) Reimbursement of Federal Agencies From Immigration 
     Emergency Fund.--Section 404(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101 note) is amended--
       (1) in paragraph (1) after ``paragraph (2)'' by replacing 
     ``and'' with ``,'', striking ``State,'' inserting ``other 
     Federal agencies and States,'' inserting ``and for the costs 
     associated with repatiriation of aliens attempting to enter 
     the United States illegally, whether apprehended within or 
     outside the territorial sea of the United States'' before 
     ``except,'' and by adding the following language at the end 
     of paragraph (1), ``Provided, that the fund may be used for 
     the costs of such repatriations without the requirement for a 
     determination by the President that an immigration emergency 
     exists.''.
       (2) in paragraph (2)(A), by inserting ``to Federal agencies 
     providing support to the Department of Justice or'' after 
     ``available.''
       (b) Vessel Movement Controls.--50 U.S.C. 191 is amended by 
     inserting ``or whenever the Attorney General determines that 
     an actual or anticipated mass migration of aliens en route to 
     or arriving off the coast of the United States presents 
     urgent circumstances requiring an immediate Federal 
     response,'' after ``United States,'' the first time it 
     appears.
       (c) Delegation of Immigration Enforcement Authority.--
     Section 103 of the Immigration and Nationality Act (8 U.S.C. 
     1103) is amended by adding at the end of subsection (a) a new 
     sentence to read as follows:

     ``In the event the Attorney General determines that an actual 
     or imminent mass influx of aliens arriving off the coast of 
     the United States presents urgent circumstances requiring an 
     immediate Federal response, the Attorney General may 
     authorize, with the consent of the head of the department, 
     agency, or establishment under whose jurisdiction the 
     individual is serving, any specially designated state or 
     local law enforcement officer to perform or exercise any of 
     the powers, privileges, or duties conferred or imposed by 
     this Act or regulations issued thereunder upon officers or 
     employees of the Service.''.

     SEC. 108. COMMUTER LANE PILOT PROGRAMS.

       (a) Section 286(q) of the Immigration and Nationality Act 
     (8 U.S.C. 1356) is amended--
       (1) in paragraph (1), by striking ``a project'' and 
     inserting ``projects'';
       (2) in paragraph (1), by striking ``Such project'' and 
     inserting ``Such projects''; and
       (3) by striking paragraph (5).
       (b) The Department of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriation Act, 1994 (P.L. 
     103-121, 107 Stat. 1161) is amended by striking the fourth 
     proviso under the heading ``Immigration and Naturalization 
     Service, Salaries and Expenses''.

       TITLE II--CONTROL OF UNLAWFUL EMPLOYMENT AND VERIFICATION

     SEC. 201. REDUCING THE NUMBER OF EMPLOYMENT VERIFICATION 
                   DOCUMENTS.

       (a) Provision of Social Security Account Numbers.--Section 
     274A of the Immigration and Nationality Act (8 U.S.C. 1324a) 
     is amended by adding at the end of subsection (b)(2) a new 
     sentence to read as follows:

     ``The Attorney General is authorized to require an individual 
     to provide on the form described in subsection (b)(1)(A) that 
     individual's Social Security account number for purposes of 
     complying with this section.''.
       (b) Changes in Acceptable Documentation for Employment 
     Authorization and Identity.--Section 274A(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) is 
     amended--
       (1) in subparagraph (B)--
       (A) by striking clauses (ii), (iii), and (iv) and 
     redesignating clause (v) as clause (ii),
       (B) in clause (i), by adding at the end ``or'', and
       (C) in redesignated clause (ii), by revising the 
     introductory text to read as follows:
       ``(ii) resident alien card, alien registration card, or 
     other document designated by regulation by the Attorney 
     General, if the document--''; and
       (D) in redesignated clause (ii) by striking the period 
     after subclause (II) and by adding a new subclause (III) to 
     read as follows:
       ``(III) and contains appropriate security features.'' and
       (2) in subparagraph (C)--
       (A) by inserting ``or'' after the ``;'' at the end of 
     clause (i),
       (B) by striking clause (ii), and
       (C) by redesignating clause (iii) as clause (ii).
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to hiring (or recruiting or 
     referring) occurring on or after such date (not later than 
     180 days after the date of the enactment of this Act) as the 
     Attorney General shall designate.

     SEC. 202. EMPLOYMENT VERIFICATION PILOT PROJECTS.

       (a) The Attorney General, together with the Commissioner of 
     Social Security, shall conduct pilot projects to test methods 
     to accomplish reliable verification of eligibility for 
     employment in the United States. The pilot projects tested 
     may include: (1) an expansion of the telephone verification 
     system to include, by the end of Fiscal Year 1996, 
     participation by up to 1,000 employers; (2) a process which 
     allows employers to verify the eligibility for employment of 
     new employees using Social Security Administration (SSA) 
     records and, if necessary, to conduct a cross-check using 
     Immigration and Naturalization Service (INS) records; (3) a 
     simulated linkage of the electronic records of the INS and 
     the SSA to test the technical feasibility of establishing a 
     linkage between the actual electronic records of the INS and 
     the SSA; or 
     [[Page S6095]] (4) improvements and additions to the 
     electronic records of the INS and the SSA for the purpose of 
     using such records for verification of employment 
     eligibility.
       (b) The pilot projects referred to in subsection (a) shall 
     be conducted in such locations and with such number of 
     employers as is consistent with their pilot status.
       (c) The pilot projects referred to in subsection (a) shall 
     begin not later than 12 months after the enactment of this 
     Act and may continue for a period of 3 years. During the 
     pilot project, the Attorney General shall track complaints of 
     discrimination arising from the administration or enforcement 
     of the pilot project. Not later than 60 days prior to the 
     conclusion of this 3-year period, the Attorney General shall 
     submit to the Congress a report on the pilot projects. The 
     report shall include evaluations of each of the pilot 
     projects according to the following criteria: cost 
     effectiveness, technical feasibility, resistance to fraud, 
     protection of confidentiality and privacy, and protection 
     against discrimination, and which projects, if any, should be 
     adopted.
       (d) Upon completion of the report required by subsection 
     (c), the Attorney General is authorized to continue 
     implementation on a pilot basis for an additional period of 1 
     year any or all of the pilot projects authorized in 
     subsection (a). The Attorney General shall inform Congress of 
     a decision to exercise this authority not later than the end 
     of the 3-year period specified in subsection (c).
       (e) Nothing in this section, shall exempt the pilot 
     projects from any and all applicable civil rights laws, 
     including, but not limited to, Section 102 of the Immigration 
     Reform and Control Act of 1986, as amended; Title VII of the 
     Civil Rights Act of 1964, as amended; the Age Discrimination 
     in Employment Act of 1967, as amended; the Equal Pay Act of 
     1963, as amended; and the Americans with Disabilities Act of 
     1990, as amended.
       (f) In conducting the pilot projects referred to in 
     subsection (a), the Attorney General may require appropriate 
     notice to prospective employees concerning the employers' 
     participation in the pilot projects. Any notice should 
     contain information for filing complaints with the Attorney 
     General regarding operation of the pilot projects, including 
     discrimination in the hiring and firing of employees and 
     applicants on the basis of race, national origin, or 
     citizenship status.

     SEC. 203. CONFIDENTIALITY OF DATA UNDER EMPLOYMENT 
                   ELIGIBILITY VERIFICATION PILOT PROJECTS.

       (A) Any personal information obtained in connection with a 
     pilot project under section 202 may not be made available to 
     government agencies, employers, or other persons except to 
     the extent necessary--
       (1) to verify that an employee is not an unauthorized alien 
     (as defined in section 274A(h)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)(3));
       (2) to take other action required to carry out section 202; 
     or
       (3) to enforce the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) or sections 911, 1001, 1028, 1546, or 
     1621 of title 18, United States Code.
       (b) No employer may participate in a pilot project under 
     section 202 unless the employer has in place such procedures 
     as the Attorney General shall require--
       (1) to safeguard all personal information from unauthorized 
     disclosure and condition redisclosure of such information to 
     any person or entity upon its agreement also to safeguard 
     such information; and
       (2) to provide notice to all individuals of the right to 
     request an agency to correct or amend the individual's record 
     and the steps to follow to make such a request.
       (c)(1) Any person who is a U.S. citizen, U.S. national, 
     lawful permanent resident, or other employment authorized 
     alien, and who is subject to work authorization verification 
     under section 202 shall be considered an individual under 5 
     U.S.C. 552a(a)(2), but only with respect to records covered 
     by this section.
       (2) For purposes of this section, a record shall mean an 
     item, collection, or grouping of information about an 
     individual that is created, maintained, or used by a Federal 
     agency in the course of a pilot project under section 202 to 
     make a final determination concerning an individual's 
     authorization to work in the United States, and that contains 
     the individual's name or identifying number, symbol, or other 
     identifying particular assigned to the individual.
       (d) Whenever an employer or other person willfully and 
     knowingly--
       (1) discloses or uses information for a purpose other than 
     those permitted under subsection (a), or
       (2) fails to comply with a requirement of the Attorney 
     General pursuant to subsection (b),

     after notice and opportunity for an administrative hearing 
     conducted by the Attorney General or the Commissioner of 
     Social Security, as appropriate, or by a designee, the 
     employer or other person shall be subject to a civil money 
     penalty of not less than $1,000 nor more than $10,000 for 
     each violation. In determining the amount of the penalty, 
     consideration shall be given to the intent of the person 
     committing the violation, the impact of the violation, and 
     any history of previous violations by the person.
       (e) Nothing in this section shall limit the rights and 
     remedies otherwise available to U.S. citizens and lawful 
     permanent residents under 5 U.S.C. 552a.
       (f) Nothing in this section or in section 202 shall be 
     construed to authorize, directly or indirectly, the issuance 
     of use of national identification cards of the establishment 
     of a national identification card.

     SEC. 204. COLLECTION OF SOCIAL SECURITY NUMBERS.

       Section 264 of the Immigration and Nationality Act (U.S.C. 
     1304) is amended by adding at the end of a new subsection (f) 
     to read as follows:
       ``(f) Notwithstanding any other provision of law, the 
     Attorney General is authorized to require any alien to 
     provide the alien's Social Security account number for 
     purposes of inclusion in any record of the alien maintained 
     by the Attorney General.''.

     SEC. 205. EMPLOYER SANCTIONS PENALTIES.

       (a) Increased Civil Money Penalties for Hiring, Recruiting, 
     and Referral Violations.--Section 274A(e)(4)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1324(e)(4)(A)) is 
     amended--
       (1) in clause (i), by striking ``$250'' and ``$2,000'' and 
     inserting ``$1,000'' and ``$3,000'', respectively;
       (2) in clause (ii), by striking ``$2,000'' and ``$5,000'' 
     and inserting ``$3,000'' and ``$8,000'', respectively; and
       (3) in clause (iii), by striking ``$3,000'' and ``$10,000'' 
     and inserting ``$8,000'' and ``$25,000'', respectively.
       (b) Increased Civil Money Penalties for Paperwork 
     Violations. Section 274A(e)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(e)(5)) is amended by striking 
     ``$100'' and ``$1,000'' and inserting ``$200'' and 
     ``$5,000'', respectively.
       (c) Increased Criminal Penalties for Pattern or Practice 
     Violations. Section 274A(f)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(f)(1)) is amended by 
     inserting the phrase ``guilty of a felony and shall be'' 
     immediately after the phrase ``subsection (a)(1)(A) or 
     (a)(2).'' Section 274A(f)(1) of such Act is further amended 
     by striking ``$3,000'' and ``six months'' and inserting 
     ``$7,000'' and ``two years'', respectively.

     SEC. 206. CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

       (a) 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 
     ``10 years and by adding at the end the following new 
     provision:
       ``Notwithstanding any other provision of this title, the 
     maximum term of imprisonment that may be imposed for an 
     offense under this section--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in 929(a)) is 15 years; and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331) is 20 years.''.(b) 
     Changes to the Sentencing Levels.--Pursuant to section 994 of 
     title 28, United States Code, and section 21 of the 
     Sentencing Act of 1987, the United States Sentencing 
     Commission shall promptly promulgate guidelines, or amend 
     existing guidelines, to make appropriate increases in the 
     base offense levels for offenses under section 1028(a) of 
     title 18. United States Code.

     SEC. 207. CIVIL PENALTIES FOR DOCUMENT FRAUD.

       (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:
       ``(5) to present before boarding a common carrier for the 
     purpose of coming to the United States a document that 
     relates to the alien's eligibility to enter the United States 
     and to fail to present such document to an immigration 
     officer upon arrival at a United States port of entry, or
       ``(6) 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, 
     material misrepresentation, or information which does not 
     relate to the applicant) for the purposes of satisfying a 
     requirement of this Act.

     ``The Attorney General may waive the penalties of this 
     section with respect to any alien who knowingly violates 
     paragraph (5) if the alien is subsequently granted asylum 
     under section 208 or withholding of deportation under section 
     243(h). For the purposes of this section, the phrase `falsely 
     made any document' includes the preparation or provision of 
     any document required under this Act, with knowledge or in 
     reckless disregard of the fact that such document contains a 
     false, fictitious, or fraudulent statement or material 
     representation, or has no basis in law or fact, or otherwise 
     fails to state a material fact pertaining to the document.''.
       (b) Conforming Amendments for Civil Penalties.--Section 
     274C(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
     132c(d)(3)) is amended by striking ``each document used, 
     accepted, or created and each instance of use, acceptance, or 
     creation'' in each of the two places it appears and inserting 
     ``each document that is the subject of a violation under 
     subsection (a)''.

     SEC. 208, SUBPOENA AUTHORITY.

       (a) Immigration Officer Authority.--
       (1) Section 274A(e)(2) of the Immigration and Nationality 
     Act (8 U.S.C. 1324a(e)(2)) is amended by--
       [[Page S6096]] (A) striking at the end of subparagraph (A) 
     ``and'';
       (B) striking at the end of subparagraph (B) ``.'' and 
     inserting ``, and''; and
       (C) adding a new subparagraph (C) to read as follows:
       ``(C) immigration officers designated by the Commissioner 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place prior to the 
     filing of a complaint in a case under paragraph (3).'''
       (2) Section 274C(d)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1324a(e)(2)) is amended by--
       (A) striking at the end of subparagraph (A) ``and'';
       (B) striking at the end of subparagraph (B) ``,'' and 
     inserting ``, and''; and
       (C) adding a new subparagraph (c) to read as follows:
       ``(C) immigration officers designated by the Commissioner 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place prior to the 
     filing of a complaint in a case under paragraph (2).''
       (b) Secretary of Labor Subpoena Authority.--
       The Immigration and Nationality Act is amended by adding a 
     new section 293 (8 U.S.C. 1364) to read as follows:
       ``Sec. 294. Secretary of Labor Subpoena Authority.
       The Secretary of Labor may issue subpoenas requiring the 
     attendance and testimony of witnesses or the production of 
     any records, books, papers, or documents in connection with 
     any investigation or hearing conducted in the enforcement of 
     any immigration program for which the Secretary of Labor has 
     been delegated enforcement authority under the Act. In such 
     hearing, the Secretary of Labor may administer oaths, examine 
     witnesses, and receive evidence. for the purpose of any such 
     hearing or investigation, the authority contained in sections 
     9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 
     50), relating to the attendance of witnesses and the 
     production of books, papers, and documents, shall be 
     available to the Secretary of Labor.''.

     SEC. 209. INCREASED PENALTIES FOR EMPLOYER SANCTIONS 
                   INVOLVING LABOR STANDARDS VIOLATIONS.
       (a) Section 274A(e) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(e)) is amended by adding a new paragraph (10) 
     to read as follows:
       ``(10)(A) The administrative law judge shall have the 
     authority to require payment of a civil money penalty in an 
     amount up to two times the level of the penalty prescribed by 
     this subsection in any case where the employer has been found 
     to have committed willful or repeated violations of any of 
     the following statutes:
       ``(i) the Fair Labor Standards Act, 29 U.S.C. 201 et seq., 
     pursuant to a final determination by the Secretary of Labor 
     or a court of competent jurisdiction;
       ``(ii) the Migrant and Seasonal Agricultural Worker 
     Protection Act, 29 U.S.C. 1801 et seq., pursuant to a final 
     determination by the Secretary of Labor or a court of 
     competent jurisdiction; or
       ``(iii) the Family and Medical Leave Act, 29 U.S.C. 2601 et 
     seq., pursuant to a final determination by a court of 
     competent jurisdiction.
       ``(B) The Secretary of Labor and the Attorney General shall 
     consult regarding the administration of the provisions of 
     this paragraph.''.
       (b) Section 274B(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1324b(g)) is amended by adding a new paragraph (4) 
     to read as follows:
       ``(4)(A) The administrative law judge shall have the 
     authority to require payment of a civil money penalty in an 
     amount up to two times the level of the penalty prescribed by 
     this subsection in any case where the employer has been found 
     to have committed willful or repeated violations of any of 
     the following statutes:
       ``(i) the Fair Labor Standards Act, 29 U.S.C. 201 et seq., 
     pursuant to a final determination by the Secretary of Labor 
     or a court of competent jurisdiction;
       ``(ii) the Migrant and Seasonal Agricultural Worker 
     Protection Act, 29 U.S.C. 1801 et seq., pursuant to a final 
     determination by the Secretary of labor or a court of 
     competent jurisdiction; or
       ``(iii) the Family and Medical Leave Act, 29 U.S.C. 2601 et 
     seq., pursuant to a final determination by a court of 
     competent jurisdiction.
       ``(B) The Secretary of Labor and the Attorney General shall 
     consult regarding the administration of the provisions of 
     this paragraph.''.
       (c) Section 274C(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1324c(d)) is amended by adding a new paragraph (7) 
     to read as follows:
       ``(7)(A) The administrative law judge shall have the 
     authority to require payment of a civil money penalty in an 
     amount up to two times the level of the penalty prescribed by 
     this subsection in any case where the employer has been found 
     to have committed willful or repeated violations of any of 
     the following statutes:
       ``(i) the Fair Labor Standards Act, 29 U.S.C. 201 et seq., 
     pursuant to a final determination by the Secretary of labor 
     or a court of competent jurisdiction;
       ``(ii) the Migrant and Seasonal Agricultural Worker 
     Protection Act, 29 U.S.C. 1801 et seq., pursuant to a final 
     determination by the Secretary of Labor or a court of 
     competent jurisdiction; or
       ``(iii) the Family and Medical Leave Act 29 U.S.C. 2601, et 
     seq. pursuant to a final determination by a court of 
     competent jurisdiction.
       ``(B) the Secretary of Labor and the Attorney General shall 
     consult regarding the administration of the provisions of 
     this paragraph.''.

     SEC. 210. INCREASED CIVIL PENALTIES FOR UNFAIR IMMIGRATION-
                   RELATED EMPLOYMENT PRACTICES.

       (a) Section 274B(g)(2)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended--
       (1) in clause (iv)(I), by striking ``$250'' and ``$2,000'' 
     and inserting ``$1,000'' and ``$3,000'', respectively;
       (2) in clause (iv)(II), by striking ``$2,000'' and 
     ``$5,000'' and inserting ``$3,000'' and ``$8,000'', 
     respectively; and
       (3) in clause (iv)(III), by striking ``$3,000'' and 
     ``$10,000'' and inserting ```$8,000'' and ``$25,000'', 
     respectively.
       (4) in clause (iv)(IV), by striking ``$100'' and ``$1,000'' 
     and inserting ``$200'' and ``$5,000'', respectively.

     SEC. 211. RETENTION OF EMPLOYER SANCTIONS FINES FOR LAW 
                   ENFORCEMENT PURPOSES.

       Section 286(c) of the Immigration and Nationality Act, 8 
     U.S.C. 1356(c) is amended by striking the period at the end 
     of the section and by adding the following:

     ``; provided further, that all monies received during each 
     fiscal year in payment of penalties under section 274A of 
     this Act in excess of $5,000,000 shall be credited to the 
     Immigration and Naturalization Services Salaries and Expenses 
     appropriations account that funds activities and related 
     expenses associated with enforcement of that section and 
     shall remain available until expended.''.

     SEC. 212. TELEPHONE VERIFICATION SYSTEM FEE.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended by adding at the end a new 
     paragraph (5) to read as follows:
       ``(5) Telephone Verification System Fee.--
       ``(A) The Attorney General is authorized to collect a fee 
     from employers, recruiters, or referrers who subscribe to 
     participate in a telephone verification system pilot under 
     this section.
       ``(B) Funds collected pursuant to this authorization shall 
     be deposited as offsetting collections to the Immigration and 
     Naturalization Service Salaries and Expenses appropriations 
     account solely to fund the costs incurred to provide alien 
     employment verification services through such a system.''.

     SEC. 213. AUTHORIZATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title. None of the costs incurred 
     in carrying out this title shall be paid for out of any trust 
     fund established under the Social Security Act.

                    TITLE III--ILLEGAL ALIEN REMOVAL

     SEC. 301. CIVIL PENALTIES FOR FAILURE TO DEPART.

       The Immigration and Nationality Act is amended by adding a 
     new section 274D (8 U.S.C. 1324d) to read as follows:

                ``Civil Penalties for Failure to Depart

       ``Sec. 274D. (a) Any alien subject to a final order of 
     exclusion and deportation or deportation who--
       ``(l) willfully fails or refuses to:
       ``(A) depart from the United States pursuant to the order;
       ``(B) make timely application in good faith for travel or 
     other documents necessary for departure; or
       ``(C) present for deportation at the time and place 
     required by the Attorney General; or
       ``(2) conspires to or takes any action designed to prevent 
     or hamper the alien's departure pursuant to the order,

     shall pay a civil penalty of not more $500 to the 
     Commissioner as offsetting collections for each day the alien 
     is in violation of this section.
       ``(b) Nothing in this section shall be construed to 
     diminish or qualify any penalties to which an alien may be 
     subject for activities proscribed by section 242(e) or any 
     other section of this Act.''.

     SEC. 302. JUDICIAL DEPORTATION.

       (a) Section 242A(d)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1252a(d)(1)) is amended to read as follows:
       ``(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: (i) whose criminal 
     conviction for an offense for which the alien is before the 
     court for sentencing causes such alien to be deportable under 
     section 241(a)(2)(A), or (ii) who previously has been 
     convicted of an aggravated felony at any time, if such an 
     order has been requested by the United States Attorney with 
     the concurrence of the Commissioner and if the court chooses 
     to exercise such jurisdiction.''.
       (b) Section 242A(d)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1252a(d)(3)(A)) is amended by striking clauses 
     (ii) and (iii) and by revising clause (i) to read as follows:
       ``(i) A judicial order of deportation or denial of such 
     order may be appealed by either party. Appellate review of 
     any judicial order of deportation shall be considered as part 
     of the underlying criminal case and subject to all the 
     procedures and filing deadlines governing criminal 
     appeals.''.
       [[Page S6097]] (c) Section 242A(d)(4) of the Immigration 
     and Nationality Act (8 U.S.C. 1252a(d)(4)) is amended by 
     striking ``without a decision on the merits''.
       (d) The last sentence of 18 U.S.C. 3583(d)(3) is amended to 
     read as follows:
       ``If an alien defendant is subject to deportation, the 
     court may provide, as a condition of supervised release, that 
     he or she be ordered deported by the Attorney General, 
     pursuant to the procedures in the Immigration and Nationality 
     Act, and remain outside the United States, and the court may 
     order that he or she be delivered to a duly authorized 
     immigration official for such deportation.''.

     SEC. 303. CONDUCT OF PROCEEDINGS BY ELECTRONIC MEANS.

       Section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting at the end the 
     following: ``Nothing in this subsection shall preclude the 
     Attorney General from authorizing proceedings by video 
     electronic media, by telephone, or, where waived or agreed to 
     by the parties, in the absence of the alien. Contested full 
     evidentiary hearings on the merits may be conducted by 
     telephone only with the consent of the alien.''.

     SEC. 304. SUBPOENA AUTHORITY.

       (a) Section 236(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1226(a)) is amended by inserting ``issue 
     subpoenas,'' in the first sentence after ``evidence.''.
       (b) Section 242(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(b)) is amended by inserting ``issue 
     subpoenas,'' in the first sentence after ``evidence,''.

     SEC. 305. STIPULATED EXCLUSION AND DEPORTATION.

       (A) Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended by adding at the end of subsection 
     (a) the following new paragraph:
       ``(4) Stipulated Exclusion and Deportation.--The Attorney 
     General shall provide by regulation for the entry by an 
     immigration judge of an order of exclusion and deportation 
     stipulated to by the alien and the Service. Such an order may 
     be entered without a personal appearance by the alien before 
     the immigration judge. A stipulated order shall constitute a 
     conclusive determination of the alien's excludability and 
     deportability from the United States.''.
       (b) Section 242 of the Immigration and Nationality Act (8 
     U.S.C. 1252) is amended in subsection (b) by striking the 
     sentence immediately following paragraph (4) and inserting 
     the following:
       ``The Attorney General shall further provide by regulation 
     for the entry by an immigration judge of an order of 
     deportation stipulated to by the alien and the Service. Such 
     an order may be entered without a personal appearance by the 
     alien before the immigration judge. A stipulated order shall 
     constitute a conclusive determination of the alien's 
     deportability from the United States. The procedures so 
     prescribed shall be the sole and exclusive procedures for 
     determining the deportability of an alien under this 
     section.''.

     SEC. 306. STREAMLINING APPEALS FROM ORDERS OF EXCLUSION AND 
                   DEPORTATION.

       (a) Section 106 of the Immigration and Nationality Act (8 
     U.S.C. 1105a) is amended to read as follows:

  ``Judicial Review of Orders of Deportation, Exclusion, and Special 
                               Exclusion

       ``Sec. 106(a) Applicable Provisions.--Judicial review of a 
     final order of exclusion or deportation is governed only by 
     chapter 158 of title 28 of the United States Code, except as 
     provided in subsection (b); provided, however, that no court 
     may order the taking of additional evidence pursuant to 28 
     U.S.C. 2347(c).
       ``(b) Requirements.--
       ``(1) A petition for review must be filed not later than 30 
     days after the date of the final order of exclusion or 
     deportation.
       ``(2) A petition for review shall be filed with the Court 
     of Appeals for the judicial circuit in which the immigration 
     judge completed the proceedings.
       ``(3) The respondent is the Attorney General. The petition 
     shall be served on the Attorney General and on the officer or 
     employee of the Immigration and Naturalization Service in 
     charge of the Service district in which the final order of 
     exclusion or deportation was entered. Service of the petition 
     on the officer or employee stays the deportation of an alien 
     pending the court's decision on the petition, unless the 
     court orders otherwise. However, if the alien has been 
     convicted of an aggravated felony, or the alien is under an 
     order of exclusion, service of the petition does not stay the 
     deportation unless the court orders otherwise.
       ``(4) Except as provided in paragraph (5)(B) of this 
     subsection--``the court of appeals shall decide the petition 
     only on the administrative record on which the order of 
     exclusion or deportation is based and the Attorney General's 
     findings of fact shall be conclusive unless a reasonable 
     adjudicator would be compelled to conclude to the contrary.
       ``(5)(A) If the petitioner claims to be a national of the 
     United States and the court of appeals finds from the 
     pleadings and affidavits that no genuine issue of material 
     fact about the petitioner's nationality is presented, the 
     court shall decide the nationality claim.
       ``(B) If the petitioner claims to be a national of the 
     United States and the court of appeals finds that a genuine 
     issue of material fact about the petitioner's nationality is 
     presented, the court shall transfer the proceeding to the 
     district court of the United States for the judicial district 
     in which the petitioner resides for a new hearing on the 
     nationality claim and a decision on that claim as if an 
     action had been brought in the district court under section 
     2201 of title 28.
       ``(C) The petitioner may have the nationality claim decided 
     only as provided in this section.
       ``(6)(A) If the validity of an order of deportation has not 
     been judicially decided, a defendant in a criminal proceeding 
     charged with
      violating subsection (d) or (e) of section 242 may challenge 
     the validity of the order in the criminal proceeding only 
     by filing a separate motion before trial. The district 
     court, without a jury, shall decide the motion before 
     trial.
       ``(B) If the defendant claims in the motion to be a 
     national of the United States and the district court finds 
     that a genuine issue of material fact about the defendant's 
     nationality is presented, the court shall decide the motion 
     only on the administrative record on which the deportation 
     order is based. The administrative findings of fact are 
     conclusive if supported by reasonable, substantial, and 
     probative evidence on the record considered as a whole.
       ``(C) If the defendant claims in the motion to be a 
     national of the United States and the district court finds 
     that a genuine issue of material fact about the defendant's 
     nationality is presented, the court shall hold a new hearing 
     on the nationality claim and decide that claim as if an 
     action had been brought under section 2201 of title 28.
       ``(D) If the district court rules that the deportation 
     order is invalid, the court shall dismiss the indictment. The 
     United States Government may appeal the dismissal to the 
     court of appeals for the appropriate circuit within 30 days. 
     The defendant may not file a petition for review under this 
     section during the criminal proceeding. The defendant may 
     have the nationality claim decided only as provided in this 
     section.
       ``(7) This subsection--
       ``(A) does not prevent the Attorney General, after a final 
     order of deportation has been issued, from detaining the 
     alien under section 242(c);
       ``(B) does not relieve the alien from complying with 
     subsection (d) or (e) of section 242; and
       ``(C) except as provided in paragraph (3) of this 
     subsection, does not require the Attorney General to defer 
     deportation of the alien.
       ``(8) The record and briefs do not have to be printed. The 
     court of appeals shall review the proceeding on a typewritten 
     record and on typewritten briefs.''
       ``(c) Requirements for Petition.--A petition for review of 
     an order of deportation shall state whether a court has 
     upheld the validity of the order, and, if so, shall state the 
     name of the court, the date of the court's ruling, and the 
     kind of proceeding.
       ``(d) Review of Final Orders.--A court my review a final 
     order of deportation only if--
       ``(1) the alien has exhausted all administrative remedies 
     available to the alien as of right;
       ``(2) another court has not decided the validity of the 
     order, unless the reviewing court finds that the petition 
     presents grounds that could not have been presented in the 
     prior judicial proceeding or that the remedy provided by the 
     prior proceeding was inadequate or ineffective to test the 
     validity of the order.
       ``(e) Limited Review for Non-Permanent Residents Convicted 
     of Aggravated Felonies.--
       ``(1) A petition for review filed by an alien against whom 
     a final order of deportation has been issued under section 
     242A may challenge only whether--
       ``(A) the alien is the alien described in the order;
       ``(B) the alien is an alien described in section 242A(b)(2) 
     and has been convicted after entry into the United States of 
     an aggravated felony; and
       ``(C) the alien was afforded the procedures described in 
     section 242A(b)(4).
       ``(2) A court reviewing the petition has jurisdiction only 
     to review the issues described in paragraph (1).
       ``(f) Special Exclusion.--Notwithstanding any other 
     provision of law, 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 the special exclusion provisions contained in section 
     235(d); except as provided herein, there shall be no judicial 
     review of: (i) a decision by the Attorney General to invoke 
     the provisions of section 235(d), (ii) the application of 
     section 235(d) to individual aliens, including the 
     determination made under paragraphs 5 and 6, or (iii) 
     procedures and policies adopted by the Attorney General to 
     implement the provisions of Section 235(d). Regardless of the 
     nature of the action or claim or of the identity of the party 
     or parties bringing the action, no court shall have 
     jurisdiction or authority to enter declaratory, injunctive, 
     or other equitable relief not specifically authorized in this 
     subsection, or to certify a class under Rule 23 of the 
     Federal Rules of Civil Procedure.
       ``(1) Judicial review of any cause, claim, or individual 
     determination made or arising under or pertaining to special 
     exclusion under section 235(d) shall only be available in 
     [[Page S6098]] habeas corpus proceedings, and shall be 
     limited to determinations of: (i) whether the petitioner is 
     an alien, (ii) whether the petitioner was ordered specially 
     excluded, and (iii) 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 prescribed by the Attorney General 
     pursuant to section 235(d)(3).
       ``(2) In any case where the court determines that the 
     petitioner: (i) is an alien who was not ordered specially 
     excluded, or (ii) has demonstrated by a preponderance of the 
     evidence that he or she is a lawful permanent resident, the 
     court may order no remedy or relief other than to require 
     that the petitioner be provided a hearing in accordance with 
     section 236 or a determination in accordance with sections 
     235(a) or 273(d). Any alien who is provided a hearing under 
     section 236 pursuant to these provisions may thereafter 
     obtain judicial review of any resulting final order of 
     exclusion pursuant to this section.
       ``(3) In determining whether an alien has been ordered 
     specially excluded, the court's inquiry shall be limited to 
     whether such an order in fact was issued and whether it 
     relates to the petitioner. There shall be no review of 
     whether the alien is actually excludable or entitled to any 
     relief from exclusion.''.

     SEC. 307. SANCTIONS AGAINST COUNTRIES REFUSING TO ACCEPT 
                   DEPORTATION OF THEIR NATIONALS.

       Section 243(g) of the Immigration and Nationality Act (8 
     U.S.C. 1253(g)) is amended to read as follows:
       ``(g) Discontinuing Granting Visas When Country Denies or 
     Delays Accepting Alien--On being notified by the Attorney 
     General that the government of a foreign country denies or 
     unreasonably delays accepting an alien who is a citizen, 
     subject, national, or resident of that country after the 
     Attorney General asks whether the government will accept the 
     alien under this section, the Secretary of State may order 
     consular officers in that foreign country to discontinue 
     granting such classes of visas as the Secretary shall deem 
     appropriate to citizens, subjects, nationals, and residents 
     of that country until the Attorney General notifies the 
     Secretary that the country has accepted the alien.''.
     SEC. 308. CUSTODY OF ALIENS CONVICTED OF AGGRAVATED FELONIES.

       (a) Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended in paragraph (e)(2) by inserting 
     after ``unless'' the following subparagraph--
       ``(A) the Attorney General determines, pursuant to section 
     3521 of title 18, United States Code, that release from 
     custody is necessary to provide protection to a witness, a 
     potential witness, a person cooperating with an investigation 
     into major criminal activity, or an immediate family member 
     or close associate of a witness, potential witness, or person 
     cooperating with such an investigation or (B)''.
       (b) Section 242 of the Immigration and Nationality Act (8 
     U.S.C. 1252) is amended by revising paragraph (a)(2) to read 
     as follows:
       ``(2)(A) The Attorney General shall take into custody any 
     alien convicted of an aggravated felony when the alien is 
     released. This requirement shall apply whether the alien is 
     released on parole, supervised release, or probation, or may 
     be arrested or imprisoned again for the same offense.
       ``(B) The Attorney General may release the alien only if 
     the alien--
       ``(i) was lawfully admitted to the United States and 
     satisfies the Attorney General that the alien is not a threat 
     to the community and is likely to appear for any scheduled 
     proceeding; or
       ``(ii) the Attorney General decides pursuant to section 
     3521 of title 18, United States Code, that release from 
     custody is necessary to provide protection to a witness, a 
     potential witness, a person cooperating with an investigation 
     into major criminal activity, or an immediate family member 
     or close associate of a witness, potential witness, or person 
     cooperating with such an investigation.''.

     SEC. 309. LIMITATIONS ON RELIEF FROM EXCLUSION AND 
                   DEPORTATION.

       (a) Section 212(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(c)) is revised to read as follows:
       ``(c) An alien who is and has been lawfully admitted for 
     permanent residence for at least 5 years, who has resided in 
     the United States continuously for 7 years after having been 
     lawfully admitted, and who is returning to such residence 
     after having temporarily proceeded abroad voluntarily and not 
     under an order of deportation, may be admitted in the 
     discretion of the Attorney General without regard to the 
     provisions of subsection (a) (other than paragraphs (3) and 
     (9)(C)). For purposes of this subsection, any period of 
     continuous residence shall be deemed to end when the alien is 
     placed in proceedings to exclude the alien from the United 
     States. Nothing contained in this subsection shall limit the 
     authority of the Attorney General to exercise the discretion 
     authorized under section 211(b). The first sentence of this 
     subsection shall not apply to an alien who has been convicted 
     of one or more aggravated felonies and has been sentenced for 
     such felony or felonies to a term of imprisonment of at least 
     5 years. This subsection shall apply only to an alien in 
     proceedings under section 236.''.
       (b) Section 244 of the Immigration and Nationality Act (8 
     U.S.C. 1254) is revised to read as follows:
       ``Sec. 244(a). Cancellation of Deportation.--The Attorney 
     General may cancel deportation in the case of an alien who is 
     deportable from the United States and:
       ``(1) is and has been a lawful permanent resident for at 
     least 5 years who has resided in the United States 
     continuously for 7 years after being lawfully admitted and 
     has not been convicted of an aggravated felony or felonies 
     for which the alien has been sentenced, in the aggregate, to 
     a term of imprisonment of at least 5 years; or
       ``(2) has been physically present in the United States for 
     a continuous period of not less than 7 years since entering 
     the United States; has been a person of good moral character 
     during such period; and establishes that deportation would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child, who is a citizen of the United 
     States or an alien lawfully admitted for permanent residence.

     ``For purposes of this section, any period of continuous 
     residence or continuous physical presence in the United 
     States shall be deemed to end when the alien is served an 
     order to show cause pursuant to section 242B(a)(1). An alien 
     shall be considered to have failed to maintain continuous 
     physical presence in the United States under paragraph (2) if 
     the alien was absent from the United States for any single 
     period of more than 90 days or an aggregate period of more 
     than 180 days. No person who is deportable under section 
     241(a)(2)(C) or 241(a)(4) shall be eligible for relief under 
     this section. No person who has been convicted of an 
     aggravated felony shall be eligible for relief under 
     paragraph (2) of this section.
       ``(b) Continuous Physical Presence not Required Because of 
     Honorable Service in Armed Forces and Presence Upon Entry 
     Into Service.--The requirements of continuous residence or 
     continuous physical presence in the United States specified 
     in subsections (a)(1) and (a)(2) of this section shall not be 
     applicable to an alien who: (1) has served for a minimum 
     period of twenty-four months in an active-duty status in the 
     Armed Forces of the United States and, if separated from such 
     service, was separated under honorable conditions, and (2) at 
     the time of his or her enlistment or induction was in the 
     United States.
       ``(c) Adjustment of Status.--The Attorney General may 
     cancel deportation and adjust to the status of an alien 
     lawfully admitted for permanent residence any alien who the 
     Attorney General decides meets the requirements of subsection 
     (a)(2). The Attorney General shall record the alien's lawful 
     admission for permanent residence as of the date the Attorney 
     General decides to cancel removal.
       ``(d) Voluntary Departure.--(1) The Attorney General may in 
     his or her discretion permit an alien voluntarily to depart 
     the United States at the alien's own expense--
       ``(A) in lieu of being subject to deportation proceedings 
     under section 242 or prior to the completion of such 
     proceedings, if the alien is not a person deportable under 
     section 241(a)(2)(A)(iii) or section 241(a)(4). The Attorney 
     General may require the alien to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified. If any 
     alien who is authorized to depart voluntarily under this 
     paragraph is financially unable to depart at his or her own 
     expense and the Attorney General deems the alien's removal to 
     be in the best interest of the United States, the expense of 
     such removal may be paid from the appropriation for 
     enforcement of this Act; or
       ``(B) at the conclusion of a proceeding under section 242, 
     only if the immigration judge determines that:
       ``(i) the alien is, and has been, a person of good moral 
     character for at least five years immediately preceding his 
     or her application for voluntary departure;
       ``(ii) the alien is not deportable under section 
     241(a)(2)(A)(iii) or section 241(a)(4); and
       ``(iii) the alien establishes by clear and convincing 
     evidence that he or she has the means to depart the United 
     States and intends to do so. The alien shall be required to 
     post a voluntary departure bond, in an amount necessary to 
     ensure that the alien will depart, to be surrendered upon 
     proof that the alien has departed the United States within 
     the time specified.
       ``(2) If the alien fails voluntarily to depart the United 
     States within the time period specified in accordance with 
     subparagraphs (1) or (2), the alien shall be subject to a 
     civil penalty of not more than $500 per day and be ineligible 
     for any further relief under this paragraph or paragraph (b).
       ``(3) The Attorney General may by regulation limit 
     eligibility for voluntary departure for any class or classes 
     of aliens. No court may review any regulation issued under 
     this subparagraph.
       ``(4) An alien may appeal from denial of a request for an 
     order of voluntary departure under subparagraph (2) in 
     accordance with the procedures in section 106, provided that 
     no court shall have jurisdiction over an appeal regarding the 
     length of voluntary departure where the alien has been 
     granted voluntary departure of 30 days or more. 
     Notwithstanding the pendency of an appeal by an alien of a 
     denial of voluntary departure or a grant of voluntary 
     departure of less than 30 days, the alien shall be removable 
     from the United States 60 days after entry of the order of 
     deportation. No court may order a stay of 
     [[Page S6099]] such removal. The alien's removal from the 
     United States shall not moot the appeal.
       ``(e) Alien Crewman; Nonimmigrant Exchange Aliens Admitted 
     to Receive Graduate Medical Education or Training; Other.--
     The provisions of subsection (a) of this section shall not 
     apply to an alien who--
       ``(1) entered the United States as a crewman subsequent to 
     June 30, 1964;
       ``(2) was admitted to the United States as a nonimmigrant 
     exchange alien as defined in section 101(a)(15)(J), or has 
     acquired the status of such a nonimmigrant exchange alien 
     after admission, in order to receive graduate medical 
     education or training, regardless of whether or not the alien 
     is subject to or has fulfilled the two-year foreign residence 
     requirement of section 212(e); or
       ``(3)(A) was admitted to the United States as a 
     nonimmigrant exchange alien as defined in section 
     101(a)(15)(J) or has acquired the status of such a 
     nonimmigrant exchange alien after admission other than to 
     receive graduate medical education or training, (B) is 
     subject to the two-year foreign residence requirement of 
     section 212(e), and (C) has not fulfilled that requirement or 
     received a waiver thereof, or in the case of a foreign 
     medical graduate who has received a waiver pursuant to 
     section 220 of the Immigration and Nationality Technical 
     Corrections Act of 1994, Pub. L. 103-416, has not fulfilled 
     the requirements of section 214(k).''.
       (c) Conforming Amendments.--
       (1) Section 242(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(b)) is amended by striking the last two 
     sentences.
       (2) Section 242B of the Immigration and Nationality Act (8 
     U.S.C. 1252b) is amended--
       (A) in paragraph (e)(2)--
       (i) by striking ``section 244(e)(1)'' and inserting 
     ``section 244(d)'', and
       (ii) by striking ``section 242(b)(1)'' and inserting 
     ``section 244(d)'', and
       (B) in paragraph (e)(5)--
       (i) by striking ``section 242(b)(1)'' and inserting 
     ``section 244(d)'', and
       (ii) by striking ``suspension of deportation'' and 
     inserting ``cancellation of deportation''.
       (d)(1) The amendments made by subsection (a) of this 
     section shall take effect on the date of enactment; except 
     that, for purposes of determining the period of continuous 
     residence, the amendments made by subsection (a) shall apply 
     to all aliens against whom proceedings are commenced on or 
     after the date of enactment.
       (2) The amendments made by subsection (b) of this section 
     shall take effect on the date of enactment; except that, for 
     purposes of determining the periods of continuous residence 
     or continuous physical presence, the amendments made by 
     subsection (b) shall apply to all aliens upon whom an order 
     to show cause is served on or after the date of enactment.
       (3) The amendments made by subsection (c) of this section 
     shall take effect on the date of enactment.

     SEC. 310. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

       Section 246(a) of the Immigration and Nationality Act (8 
     U.S.C. 1256(a)) is amended by adding at the end the following 
     sentence:
       ``Nothing in this subsection shall require the Attorney 
     General to rescind the alien's status prior to commencement 
     of procedures to deport the alien under section 242 and
      242A, and an order of deportation issued by an immigration 
     judge shall be sufficient to rescind the alien's 
     status.''.

     SEC. 311. INCREASING EFFICIENCY IN REMOVAL OF DETAINED 
                   ALIENS.

       (a) There are authorized to be appropriated such funds as 
     may be necessary for the Attorney General to conduct a pilot 
     program or programs to study methods for increasing the 
     efficiency of deportation and exclusion proceedings against 
     detained aliens by increasing the availability of pro bono 
     counseling and representation for such aliens. Any such pilot 
     program may provide for administrative grants to not-for-
     profit organizations involved in the counseling and 
     representation of aliens in immigration proceedings. An 
     evaluation component shall be included in any such pilot 
     program to test the efficiency and cost effectiveness of the 
     services provided and the replicability of such programs at 
     other locations.
       (b) Nothing in this section shall be regarded as creating a 
     right to be represented in exclusion or deportation 
     proceedings at the expense of the Government.

                   TITLE IV--ALIEN SMUGGLING CONTROL

     SEC. 401. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN 
                   SMUGGLING AND DOCUMENT FRAUD.

       Section 2516(l) of title 18, United States Code, is 
     amended--
       (a) in paragraph (c), by inserting after ``trains)'' the 
     following: ``or a felony violation of section 1028 (relating 
     to production of false identification documentation), section 
     1541 (relating to passport issuance without authority), 
     section 1542 (relating to false statements in passport 
     applications), section 1543 (relating to forgery or false use 
     of passport), section 1544 (relating to misuse of passport), 
     section 1546 (relating to fraud or misuse of visas, permits, 
     or other documents)'';
       (b) by striking ``or'' after paragraph (l);
       (c) by redesignating paragraphs (m), (n), and (o) as 
     paragraphs (n), (o), and (p), respectively; and
       (d) 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. 402. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING.

       Section 1961(l) of title 18, United States Code, is 
     amended--
       (a) by striking ``or'' after ``law of the United States,'';
       (b) by inserting ``or'' at the end of clause (E); and
       (c) by adding at the end the following:
       ``(F) any act, or conspiracy to commit any act, in 
     violation of section 274(a)(1)(A)(v), 277, or 278 of the 
     Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(v), 
     1327, or 1328).''.

     SEC. 403. EXPANDED ASSET FORFEITURE FOR SMUGGLING OR 
                   HARBORING ALIENS.

       Section 274 of the Immigration and Nationality Act of 1952, 
     as amended (8 U.S.C. 1324) is amended--
       (a) by amending paragraph (b)(1) to read as follows:
       ``(b) Seizure and Forfeiture.--(1) The following property 
     shall be subject to seizure and forfeiture:
       ``(A) any conveyance, including any vessel, vehicle, or 
     aircraft, which has been or is being used in the commission 
     of a violation of subsection (a); except that--
       ``(1) no conveyance 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 
     conveyance was a consenting party or privy to the illegal 
     act; and
       ``(2) no conveyance 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 conveyance was 
     unlawfully in the possession of a person other than such 
     owner in violation of the criminal laws of the United States, 
     or any State; and
       ``(B) any property, real or personal, (i) that constitutes, 
     or is derived from or is traceable to the proceeds obtained 
     directly or indirectly from the commission of a violation of 
     subsection (a), or (ii) that is used to facilitate, or is 
     intended to be used to facilitate, the commission of a 
     violation of subparagraph (a)(1)(A), except that no property 
     shall be forfeited under this paragraph, to the extent of an 
     interest of an owner, by reason of any act or
      omission established by that owner to have been committed or 
     omitted by any other person other than such owner without 
     knowledge or consent of that owner.''; and
       (b) in paragraph (b)(2)--
       (1) by striking ``conveyances'' both places it appears and 
     inserting ``property''; and
       (2) by striking ``is being used in'' and inserting ``is 
     being used in, is facilitating, has facilitated, is 
     facilitating 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 
     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 paragraph.'';
       (4) in paragraphs (b)(4) and (b)(5) by striking each place 
     they appear the phrase ``a conveyance'' and the word 
     ``conveyance'' and inserting ``property''; and
       (5) by redesignating subsection (c) to be subsection (d) 
     and inserting the following new subsection (c)--
       ``(c) Criminal Forfeiture.--
       ``(1) Any person convicted of a violation of subsection (a) 
     shall forfeit to the United States, irrespective of any 
     provision of State law--
       ``(A) any conveyance, including any vessel, vehicle, or 
     aircraft used in the commission of a violation of subsection 
     (a); and
       ``(B) any property real or personal--
       ``(i) that constitutes, or is derived from or is traceable 
     to the proceeds obtained directly or indirectly from the 
     commission of a violation of subsection (a), or
       ``(ii) that is used to facilitate, or is intended to be 
     used to facilitate, the commission of a violation of 
     subparagraph (a)(1)(A).

     ``The court, in imposing sentence on such person, shall order 
     that the person forfeit to the United States all property 
     described in this subsection.
       ``(2) The criminal forfeiture of property under this 
     subsection, including any seizure and disposition of the 
     property and any related administrative or judicial 
     proceeding shall be governed by the provisions of section 413 
     of the Comprehensive Drug Abuse Prevention and Control Act of 
     1970 (21 U.S.C. 853), except for subsections 413(a) and 
     413(d) which shall not apply to forfeitures under this 
     subsection.''.

     SEC. 404. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

       Section 274(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)) is amended--
       (a) in subsection (a)(1)(A)--
       (A) by striking ``or'' at the end of clause (iii);
       (B) by striking the comma at the end of clause (iv) and 
     inserting ``; or''; and
       (C) by adding at the end the following new clause:
       ``(v)(I) engages in any conspiracy to commit any of the 
     preceding acts, or (II) aids or abets the commission of any 
     of the preceding acts.'';
       [[Page S6100]] (b) in subsection (a)(1)(B)--
       (A) in clause (i), by inserting ``or(v)(I)'' after 
     ``(A)(i)'';
       (B) in clause (ii), by striking ``or(iv)'' and inserting 
     ``(iv), or (v)(II)'';
       (C) in clause (iii), by striking ``or (iv)'' and inserting 
     ``(iv), or (v)'';
       (c) in subsection (a)(1)(B) by adding at the end the 
     following new paragraph--
       ``(3) Any person who hires for employment an alien--
       ``(A) knowing that such alien is an unauthorized alien (as 
     defined in section 274A(h)(3)), and
       ``(B) knowing that such alien has been brought into the 
     United States in violation of this subsection.

     shall be fined under title 18, United States Code, and shall 
     be imprisoned for not more than 5 years.''; and
       (d) in subsection (a)(2)(A)--
       (1) by striking the period after clause (iv) and adding a 
     new clause (v) to read as follows:
       ``(v) an offense committed with the intent or with reason 
     to believe that the alien unlawfully brought into the United 
     States will commit an offense against
      the United States or any State punishable by imprisonment 
     for more than 1 year.''; and
       (2) in subparagraph (B) by adding ``(v)'' after ``(A)(i)'' 
     in clause (i),

     SEC. 405. UNDERCOVER INVESTIGATION AUTHORITY.

       (a) With respect to any undercover investigative operation 
     of the Immigration and Naturalization Service which is 
     necessary for the detection and prosecution of crimes against 
     the United States--
       (1) sums authorized to be appropriated for the Immigration 
     and Naturalization Service by this Act may be used for 
     leasing space within the United States, the District of 
     Columbia, and the territories and possessions of the United 
     States without regard to section 3679(a) of the Revised 
     Statutes (31 U.S.C. 1341), section 3732 (a) of the Revised 
     Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 
     30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third 
     undesignated paragraph under the heading ``Miscellaneous'' of 
     the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), 
     section 3648 of the Revised Statutes (31 U.S.C. 3324), 
     section 3741 of the Revised Statutes (41 U.S.C. 22), and 
     subsections (a) and (c) of section 304 of the Federal 
     Property and Administrative Services Act of 1949 (63 Stat. 
     395; 41 U.S.C. 254 (a) and (c));
       (2) sums authorized to be appropriated for the Immigration 
     and Naturalization Service by this Act may be used to 
     establish or to acquire proprietary corporations or business 
     entities as part of an undercover operation, and to operate 
     such corporations or business entities on a commercial basis, 
     without regard to the provisions of section 304 of the 
     Government Corporation Control Act (31 U.S.C. 9102);
       (3) sums authorized to be appropriated for the Immigration 
     and Naturalization Service by this Act, and the proceeds from 
     such undercover operation, may be deposited in banks or other 
     financial institutions without regard to the provisions of 
     section 648 of Title 18 of the United States Code, and 
     section 3639 of the Revised Statutes (31 U.S.C. 3302); and
       (4) the proceeds from such undercover operation may be used 
     to offset necessary and reasonable expenses incurred in such 
     operation without regard to the provisions of section 3617 of 
     the Revised Statutes (31 U.S.C. 3302).

      The authorization set forth in this section may be exercised 
     only upon written certification of the Commissioner of the 
     Immigration and Naturalization Service, in consultation with 
     the Deputy Attorney General, that any action authorized by 
     paragraph (1), (2), (3), or (4) is necessary for the conduct 
     of such undercover operation.
       (b) As soon as practicable after the proceeds from an 
     undercover investigative operation, carried out under 
     paragraphs (3) and (4) of subsection (a), are no longer 
     necessary for the conduct of such operation, such proceeds or 
     the balance of such proceeds remaining at the time shall be 
     deposited into the Treasury of the United States as 
     miscellaneous receipts.
       (c) If a corporation or business entity established or 
     acquired as part of an undercover operation under paragraph 
     (2) of subsection (a) with a net value of over $50,000 is to 
     be liquidated, sold, or otherwise disposed of, the 
     Immigration and Naturalization Service, as much in advance as 
     the Commissioner or his or her designee determine 
     practicable, shall report the circumstances to the Attorney 
     General, the Director of the Office of Management and Budget, 
     and the Comptroller General. The proceeds of the liquidation, 
     sale, or other disposition, after obligations are met, shall 
     be deposited in the Treasury of the United States as 
     miscellaneous receipts.
       (d) The Immigration and Naturalization Service shall 
     conduct detailed financial audits of closed undercover 
     operations on a quarterly basis and shall report the results 
     of the audits in writing to the Deputy Attorney General.

      SEC. 406. AMENDED DEFINITION OF AGGRAVATED FELONY.

       (a) In General.--Section 101(a)(43) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 
     222 of the Immigration and Nationality Technical Corrections 
     Act of 1994 (Public Law 103-416), is amended--
       (1) in subparagraph (N), by striking ``of title 18, United 
     States Code''; and
       (2) in subparagraph (O), by striking ``which constitutes'' 
     and all that follows up to the semicolon at the end and 
     inserting '', for the purpose of commercial advantage''.
       (b) Effective Date of Conviction.--Section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), 
     as amended by section 222(g) of the Immigration and 
     Nationality Technical Corrections Act of 1994 (Public Law 
     103-416) is amended by adding at the end the following 
     sentence:
       ``Notwithstanding any other provision of law, the term 
     applies for all purposes to convictions entered before, on, 
     or after the date of enactment of this Act.''
       (c) Application to Withholding of Deportation.--Section 
     243(h) of the Immigration and Nationality Act (8 U.S.C. 
     1253(h)) is amended in paragraph (2) by inserting ``for which 
     the sentence imposed is 5 years or more'' after ``aggravated 
     felony''.

                  TITLE V--INSPECTIONS AND ADMISSIONS

     SEC. 501. CIVIL PENALTIES FOR BRINGING INADMISSIBLE ALIENS 
                   FROM CONTIGUOUS TERRITORIES.

       Section 273 of the Immigration and Nationality Act (8 
     U.S.C. 1323) is amended by--
       (a) striking ``(other than from foreign contiguous 
     territory)'' from subsection (a), and
       (b) striking ``$3,000'' and inserting ``$5,000'' in 
     subsection (b).

     SEC. 502. DEFINITION OF STOWAWAY; EXCLUDABILITY OF STOWAWAY; 
                   CARRIER LIABILITY FOR COSTS OF DETENTION.

       (a) Section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101) is amended by adding the following new 
     subsection:
       ``(47) The term ``stowaway'' means any alien who obtains 
     transportation without the consent of the owner, charterer, 
     master or person in command of any vessel or aircraft through 
     either concealment on board such vessel or aircraft or 
     evasion of that carrier's standard boarding procedures.''.
       (b) Section 237 of the Immigration and Nationality Act (8 
     U.S.C. 1227) is amended as follows:
       (1) by inserting in paragraph (a)(1) before the period at 
     the end of the first sentence the following: ``, or unless 
     the alien is an excluded stowaway who has requested asylum or 
     withholding of deportation and whose application has not been 
     adjudicated, or whose application has been denied but who has 
     not exhausted any remaining appeal rights'';
       (2) by inserting after the first sentence in paragraph 
     (a)(1) the following sentences:
       ``Any alien stowaway inspected upon arrival in the United 
     States is an alien who is excluded within the meaning of this 
     section. The term ``alien'' wherever appearing in this 
     section shall include an excluded stowaway. The provisions of 
     section 237 concerning the deportation of an excluded alien 
     shall apply to the deportation of a stowaway under section 
     273(d).''.
       (c) Section 273(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1323(d)) is amended to read as follows:
       ``It shall be the duty of the owner, charterer, agent 
     consignee, commanding officer, or master of any vessel or 
     aircraft arriving at the United States from any place outside 
     the United States to detain on board or at such other place 
     as may be designated by an immigration officer any alien 
     stowaway until such stowaway has been inspected by an 
     immigration officer. Upon inspection, the Attorney General, 
     pursuant to regulation, may take immediate custody of any 
     stowaway and shall charge the owner, charterer, agent, 
     consignee, commanding officer, or master of the vessel or 
     aircraft on which the stowaway has arrived the costs of 
     detaining the stowaway. It shall be the duty of the owner, 
     charterer, agent, consignee, commanding officer, or master of 
     any vessel or aircraft arriving at the United States from any 
     place outside the United States to deport any alien stowaway 
     on the vessel or aircraft on which such stowaway arrived or 
     on another vessel or aircraft at the expense of the vessel or 
     aircraft on which such stowaway arrived when required to do 
     so by an immigration officer. Failure to comply with the 
     provisions of this section shall result in the imposition of 
     a $5,000 fine, payable to the Commissioner as offsetting 
     collections for each alien stowaway. Pending final 
     determination of liability for such fine, no such vessel or 
     aircraft shall be granted clearance, except that clearance 
     may be granted upon the deposit of a sum sufficient to cover 
     such fine, or of a bond with sufficient surety to secure the 
     payment thereof approved by the Commissioner. An alien 
     stowaway inspected upon arrival shall be considered an 
     excluded alien under this Act. The provisions of section 235 
     for detention of aliens for examination before a special 
     inquiry officer and the right of appeal provided for in 
     section 236 shall not apply to aliens who arrive as stowaways 
     and no such aliens shall be permitted to land in the United 
     States, except temporarily for medical treatment, or pursuant 
     to such regulations as the Attorney General may prescribe for 
     the ultimate departure, removal or deportation of such alien 
     from the United States. A stowaway may apply for asylum or 
     withholding of deportation, as provided in sections 208 and 
     243(h) of this Act, pursuant to such regulations as the 
     Attorney General may establish.''.
     SEC. 503. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING OR 
                   DEPARTING.

       Section 231(a) of the Immigration and Nationality Act (8 
     U.S.C. 1221(a)) is amended by--
       [[Page S6101]] (a) striking the first sentence and 
     inserting the following--
       ``In connection with the arrival of any person by water or 
     by air at any port within the United States from any place 
     outside the United States, it shall be the duty of the master 
     or commanding officer, or authorized agent, owner, or 
     consignee of the vessel or aircraft, having such person on 
     board to deliver to the immigration officers at the port of 
     arrival, or other place designated by the Attorney General, 
     electronic, typewritten or printed lists or manifests of the 
     persons on board such vessel or aircraft.'';
       (b) striking in the second sentence ``shall be prepared'' 
     and inserting ``shall be prepared and submitted''; and
       (c) inserting after the second sentence the following 
     sentence:
       ``Such lists or manifests shall contain, but not be limited 
     to, for each person transported, the person's full name, date 
     of birth, gender, citizenship, travel document number (if 
     applicable), and arriving flight number.''.

     SEC. 504. ELIMINATION OF LIMITATIONS ON IMMIGRATION USER FEES 
                   FOR CERTAIN CRUISE SHIP PASSENGERS.

       Section 286(e)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended to read as follows:
       ``No fee shall be charged under subsection (d) for 
     immigration inspection or preinspection provided in 
     connection with the arrival of any passenger aboard an 
     international ferry.''.

     SEC. 505. TRANSPORTATION LINE RESPONSIBILITY FOR TRANSIT 
                   WITHOUT VISA ALIENS.

       Section 238(c) of the Immigration and Nationality Act (8 
     U.S.C. 1228(c)) is amended by inserting after the first 
     sentence the following:
       ``Notwithstanding any other provision of this Act and in 
     consideration for bringing aliens transiting through the 
     United States without a visa, transportation lines shall 
     agree, as part of any contract entered into under this 
     section, to indemnify the United States against any costs for 
     the detention and removal from the United States of any such 
     alien who for any reason:
       (a) is refused admission to the United States;
       (b) fails to continue his or her journey to a foreign 
     country within the time prescribed by regulation; or
       (c) is refused admission by the foreign country to which 
     the alien is travelling while transiting through the United 
     States.''.

     SEC. 506. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

       Section 202(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1152(a)(1)) is amended by inserting before the period 
     at the end the following:
       ``; provided, however, that nothing in this subsection 
     shall be construed to limit the authority of the Secretary of 
     State to determine the procedures for the processing of 
     immigrant visa applications or the locations where such 
     applications will be processed.''.

     SEC. 507. BORDER SERVICES USER FEE.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by inserting the following new 
     subsection:
       ``(s)(1) In addition to any other fee authorized by law, 
     the Attorney General shall charge and collect a fee, in 
     United States currency, for border-related services and 
     enforcement, at ports selected by the states in which they 
     are located to participate in the border services user fee 
     program. The fee shall be $1.50 for each non-commercial 
     conveyance and $.75 for each pedestrian, for every land 
     border entry, including persons arriving via ferries on any 
     body of water which forms a part of the borders and 
     boundaries contiguous to the United States. Commercial 
     conveyances transporting passengers through passenger 
     processing facilities shall be charged the pedestrian fee for 
     the operator and each passenger, except that crewmen on 
     ferries shall not be charged and conveyances on ferries will 
     be charged the conveyance fee. These funds shall be available 
     to the Attorney General in accordance with this section.
       ``(2) To the greatest extent practicable, fee revenues will 
     be reinvested in participating ports in amounts that are 
     approximately proportionate to the amounts collected at those 
     ports and will not be used to substitute for the resources 
     that would be allocated to the ports if they were not in the 
     program, but will be added to the funds that would otherwise 
     be dedicated to port spending.
       ``(3)(A) Each state that selects one or more ports to 
     participate in the border services user fee program may 
     establish a Border Services Council for each participating 
     port.
       ``(B) The Councils shall develop spending priorities for 
     the ports and submit those priorities to the Attorney General 
     or his or her designated representative.
       ``(1) Port Services. The Attorney General or his or her 
     designee shall account for these priorities in reinvesting 
     fee revenues to fund additional permanent and temporary 
     immigration inspectors and related support; the addition, 
     improvement, and modification of facilities at ports of entry 
     and border areas contiguous to those ports; the expansion, 
     operation, and maintenance of information systems and 
     advanced technologies related to port-related services and 
     enforcement; and the enhancement of facilitation of legal 
     traffic and the reduction of border violence and smuggling.
       ``(2) Port-related Enhancements. The Attorney General shall 
     grant all revenues available for expenses above and beyond 
     the costs set forth in subparagraph (1) to the Councils. 
     These grant funds shall be spent on enhancements outside the 
     port that facilitate operation of the port or otherwise 
     enhance the flow of people or goods across the border.
       ``(3) For ports without Border Councils, the Attorney 
     General or his or her designee shall make grants of all funds 
     beyond those used for the purposes of subparagraph (1) to 
     other ports.
       ``(C) The membership of the Councils shall include:
       ``(1) three state representatives appointed by the 
     Governor, at least one of which shall represent business 
     interests;
       ``(2) three local representatives appointed by the Mayor, 
     the County Board of Supervisors, the Town Council, or other 
     local governing body, as determined by the state; and
       ``(3) three federal representatives, including a Service 
     representative appointed by the Commissioner; a Customs 
     representative appointed by the Commissioner of the Customs 
     Service; and a GSA representative appointed by the 
     Administrator of General Services.
       ``(D) The Councils shall be exempt from the requirements of 
     the Federal Advisory Committees Act, 5 U.S.C. App. All 
     Council meetings shall be open to the public.
       ``(E) States that select ports for participation in the 
     border services user fee program may withdraw those ports 
     from the program: (1) after amortizing any improvements that 
     have been made with revenues from the program and (2) after 
     providing one year's notice, to allow the federal agencies to 
     comply with the proper procedures for relocating or 
     terminating inspectors and other personnel.
       ``(4) The Attorney General may--
       ``(A) develop and implement special discounted fee programs 
     for frequent border crossers;
       ``(B) adjust the border crossing user fee periodically to 
     compensate for inflation, based on a national average of the 
     consumer price index, and other escalation in the cost of 
     carrying out the purposes of this Act; and
       ``(C) contract with private and public sector entities to 
     collect the fee and require the collection of the fee to be 
     performed by local bridge, tunnel and other transportation 
     authorities operating in the United States, including ferry 
     operators, adjacent to ports of entry, where such authorities 
     exist. Such authorities shall be reimbursed for 
     administrative costs related to collection of the fee.
       ``(5) Nothing in this section shall be construed to limit 
     the methods used for fee collection, including outbound 
     collection of the fee.
       ``(6) All of the fees collected under this subsection shall 
     be deposited as offsetting governmental receipts in a 
     separate account within the Treasury of the
      United States, to be expended in accordance with subsection 
     (2) of this section. Such account shall be known as the 
     Border Services User Fee Account.
       ``(7) Start Up Costs.--The Attorney General is authorized 
     to advance from the Working Capital Fund of the Department of 
     Justice to the Border Services User Fee Account the funds 
     required to implement the Border Services User Fees. Receipts 
     from this Fee shall be transferred from the Border Services 
     User Fee Account and deposited as offsetting receipts to the 
     Working Capital Fund of the Department of Justice, up to the 
     amount advanced by the Fund to liquidate the advance provided 
     by the Department of Justice Working Capital Fund.
       ``(8) Effective Date.--The Attorney General shall begin 
     collection of the fee in a participating State not later then 
     twelve months from the date the State notifies the Attorney 
     General that it has selected ports to participate in the 
     border services user fee program.
       ``(9) Penalties for Nonpayment.--The Attorney General may 
     establish penalties for non-payment of fees as determined to 
     be necessary to ensure compliance with the provisions of this 
     section.
       ``(10 Regulations.--The Attorney General may prescribe such 
     rules and regulations as may be necessary to carry out the 
     provision of this section.''.

            Title VI--Miscellaneous and Technical Amendments

     SEC. 601. ALIEN PROSTITUTION.

       Section 2424 of title 18 of the United States Code is 
     amended by--
       (a) in the first paragraph of subsection (a)--
       (1) striking ``alien'';
       (2) inserting after ``individual'' the first time it 
     appears ``, knowing or in reckless disregard of the fact that 
     said individual is an alien,''; and
       (3) striking ``within three years after that individual has 
     entered the United States from any country, party to the 
     arrangement adopted July 25, 1902, for the suppresing of the 
     white-slave traffic''.
       (b) in the second paragraph of subsection (a)--
       (1) striking ``thirty'' and inserting ``five business''; 
     and
       (2) striking ``within three years after that individual has 
     entered the United States from any country, party to the said 
     arrangement for the suppression of the white slave traffic''.
       (c) in the third paragraph of subsection (a), stirking 
     ``two'' and inserting ``ten''.
       [[Page S6102]] (d) in subsection (b), striking ``.'' after 
     ``failing to comply with this section'' and inserting ``, or 
     for enforcement of the provisions of section 272A of the 
     Immigration and Nationality Act, as amended.''.

     SEC. 602. GRANTS TO STATES FOR MEDICAL ASSISTANCE TO 
                   UNDOCUMENTED IMMIGRANTS.

       (a) In General.--In order to assist States to meet the 
     costs of providing treatment to certain aliens for emergency 
     medical conditions, there are authorized to be appropriated 
     $150,000,000 for each of fiscal years 1996 through 2000.
       (b) Allotments.--
       (1) From the sums appropriated pursuant to subsection (a) 
     for a fiscal year, the Secretary of Health and Human Services 
     shall determine, with respect to each State with a plan 
     approved under title XIX of the Social Security Act, an 
     allotment for each such State which shall be the amount which 
     bears the same ratio to the amount appropriated for such 
     fiscal year as the sum of such State's allotments for fiscal 
     years 1988 through 1994 under section 204 of the Immigration 
     Reform and Control Act of 1986 bears to the total of such 
     allotments for all the States for such fiscal years.
       (2) In the case of any State for which the allotment 
     determined under paragraph (1) for fiscal year is less than 1 
     percent of the amount appropriated pursuant to subsection (a) 
     for such year, no allotment shall be made, and in the case of 
     any other State which notifies the Secretary that all or part 
     of its allotment will not be needed for the purpose for which 
     it is available, the State's allotment shall be made as 
     determined under paragraph (1), and then reduced by the 
     unneeded portion. There shall be allotted to each of the 
     remaining States the amount determined with respect to each 
     such State under paragraph (1), together with the additional 
     allotments provided below in this paragraph. The total of (A) 
     the amounts of allotments determined under paragraph (1) but 
     not made, and (B) the amount of the reductions under the 
     preceding sentence, shall also be allotted among each of the 
     remaining States as follows: the allotment of each such 
     remaining State shall be increased by an amount which bears 
     the same ratio to such total as the allotment amount 
     determined with respect to such State for the fiscal year 
     involved under paragraph (1) bears to the sum of such 
     allotment amounts for all such remaining States for such 
     fiscal year.
       (c) Use of Funds.--Payments under this section may only be 
     used to provide the non-Federal share of expenditures under 
     the State plan approved under title XIX of the Social 
     Security Act (as required by the last sentence of section 
     1902(a) of such Act) for care and services necessary for the 
     treatment of an emergency condition that are furnished to an 
     alien who is not a qualified alien under section 250A(c) of 
     the Immigration and Nationality Act.
       (d) Payment of Funds.--In order to receive funds under this 
     section, the State shall certify to the Secretary that funds 
     will only be used for the purpose described in subsection 
     (c). Thereafter, the Secretary shall from time to time make 
     payments to each State from its allotment under subsection 
     (b)(2). Payments under this section shall be made to the 
     agency responsible for administering or supervising the 
     administration of the State's plan approved under title XIX 
     of the Social Security Act, and such payments shall be 
     available to the State for expenditure in accordance with 
     this section in the year allotted or in any subsequent fiscal 
     year.
       (e) Definition.--As used in this section, the term 
     ``State'' has the meaning given such term, for purposes of 
     title XIX of the Social Security Act, under section 
     1101(a)(1) of such Act.

     SEC. 603. TECHNICAL CORRECTIONS TO VIOLENT CRIME CONTROL ACT 
                   AND TECHNICAL CORRECTIONS ACT.

       (a)(1) Section 130003(c)(1) of the Violent Crime Control 
     Act of 1994, Pub. L. 103-322, is amended by striking ``a new 
     subsection (i)'' and inserting ``a new subsection (j)''.
       (2) The amendment made by this subsection shall be 
     effective as if originally included in section 130003(c)(1) 
     of the Violent Crime Control Act of 1994.
       (b)(1) Section 106(d)(1)(D) of the Immigration and 
     Nationality Act (8 U.S.C. 1105a), as amended by Section 
     130004(b) of the Violent Crime Control Act of 1994, Pub. L. 
     103-322, is amended by striking ``242A(b)(5)'' and inserting 
     ``242A(b)(4)''.
       (2) The amendment made by this subsection shall be 
     effective as if originally included in section 130004(b) of 
     the Violent Crime Control Act of 1994.
       (c)(1) Section 242A(d)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1252a(d)(4)), as added by section 
     223 of the Immigration and Nationality Technical Corrections 
     Act of 1994, Pub. L. 103-416, is amended by striking 
     ``without a decision on the merits''.
       (2) The amendment made by this subsection shall be 
     effective as if originally included in section 223 of Pub. L. 
     103-416.

     SEC. 604. EXPEDITIOUS DEPORTATION.

       Section 225 of the Immigration and Nationality Technical 
     Corrections Act of 1994, Pub. L. 103-416, is amended by 
     striking the words ``section 242(i) of the Immigration and 
     Nationality Act (8 U.S.C 1252(i))'' and substituting in lieu 
     thereof, ``sections 242(i) or 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252(i) or 1252a)''.

     SEC. 605. AUTHRORIZATION FOR USE OF VOLUNTEERS.

       Notwithstanding any other provision of law, the Attorney 
     General may accept, administer, and utilize gifts of services 
     from any person for the purpose of providing administrative 
     assistance to the Immigration and Naturalization Service in 
     administering programs relating to naturalization, 
     adjudications at ports of entry, and removal of criminal 
     aliens. Nothing in this Section shall require the Attorney 
     General to accept the services of any person.
                                                                    ____

  Section-by-Section Analysis as Prepared by the Department of Justice


                      Title I--Border Enforcement

       Sec. 101. Authorization for border control strategies.
       This section authorizes the appropriation to the Department 
     of Justice of the funds necessary for expanded control at the 
     land borders.
       Sec. 102. Border patrol expansion.
       This section mandates the Attorney General in fiscal years 
     1996, 1997, and 1998, to increase the number of border patrol 
     agents to the maximum extent possible and consistent with 
     standards of professionalism and training, by no fewer than 
     700 each year.
       Sec. 103. Land border inspection enhancements.
       This section mandates the Attorney General, subject to 
     appropriations or the availability of funds in the Border 
     Services User Fee Account, to increase the number of land 
     border inspectors in fiscal years 1996 and 1997 to a level 
     that will provide full staffing to end undue delay and 
     facilitate inspections at the land border ports of entry.
       Sec. 104. Increased penalties for failure to depart, 
     illegal reentry, and passport and visa fraud.
       Section 104(a) directs the U.S. Sentencing Commission to 
     increase the base offense level under section 242(e) for 
     failure to depart under an order of deportation, and section 
     276(b) for illegal reentry after deportation to reflect the 
     enhanced penalties provided in section 130001 of the Violent 
     Crime Control Act of 1994 (VCCA).
       The VCCA made failure to depart after a final order of 
     deportation punishable by imprisonment of not more than four 
     years, or not more than 10 years if the alien is deportable 
     for alien smuggling, has committed certain other criminal 
     offenses, has failed to register, has falsified documents, or 
     is engaged in security-related espionage or terrorism.
       The VCCA also provided for punishment of 10 years 
     imprisonment of any alien who reenters subsequent to 
     deportation for conviction or commission of three or more 
     misdemeanors involving drugs, crimes against the person, or 
     both. Imprisonment for aliens who reenter after deportation 
     for aggravated felony was raised from 15 to 20 years.
       Section 104(b) directs the Sentencing Commission to make 
     appropriate increases in the base offense level for sections 
     1541-46 of Title 18, U.S.C. (passport and visa fraud) to 
     reflect the enhanced penalties provided in section 130009 of 
     the VCCA.
       The VCCA increases the penalties for passport and visa 
     fraud to up to 10 years imprisonment in most cases; and 
     changes prior law by eliminating the option for fines instead 
     of imprisonment and increasing the maximum number of years in 
     prison.
       Sec. 105. Pilot program on interior repatriation of 
     deportable or excludable aliens.
        This section permits the Attorney General to establish a 
     pilot program for deportation of persons to the interior, 
     rather than the border area, of a contiguous country. It 
     mandates a report to Congress not later than 3 years after 
     initiation of any pilot program.
       Sec. 106. Special exclusion in extraordinary migration 
     situations.
       This section will aid with border control by allowing 
     aliens to be excluded from entering the United States during 
     extraordinary migration situations or when the aliens are 
     arriving on board smuggling vessels. Persons with a credible 
     fear of persecution in their countries of nationality will be 
     allowed to enter the United States to apply for asylum.
       Section 106(a) amends section 235 of the Immigration and 
     Nationality Act (INA) to clarify that an alien in exclusion 
     proceedings who has arrived from a foreign contiguous country 
     may be returned to that country while the proceedings are 
     pending.
       Section 106(b) amends section 235 of the INA, relating to 
     inspection requirements, by adding two new subsections, 
     235(d) and 235(e). New subsection (d) allows the Attorney 
     General to order an alien excluded and deported without a 
     hearing before an immigration judge. This authority may be 
     exercised when the Attorney General declares an extraordinary 
     migration situation to exist (because of the number of aliens 
     en route to or arriving in the United States, including by 
     aircraft) or when aliens are brought to the United States or 
     arrive in the United States on board a smuggling vessel. 
     (This language is virtually identical to that passed by the 
     full Senate Judiciary Committee in August 1994 as a 
     substitute for the general expedited exclusion authority 
     proposed in S. 1333.)
       A person will not be subject to expedited exclusion if he 
     or she claims asylum and establishes a credible fear of 
     persecution in his or her country of nationality. However, a 
     person may be returned to a third country in which he or she 
     has no credible fear of persecution or of return to 
     persecution.
       There is no administrative review of an order of special 
     exclusion except for persons previously admitted to the 
     United States as lawful permanent residents. Asylum denials 
     would be reviewable by an asylum officer, 
     [[Page S6103]] but there is no judicial review of the asylum 
     denial. (See section 308, below, for amendments to the 
     judicial review provisions of the INA, which limit judicial 
     review of a special exclusion order to certain issues through 
     habeas proceedings.

       New subsection 235(e) provides that a person may not attack 
     prior orders of deportation as a defense against penalties 
     for illegal reentries.
       Sec. 107. Immigration emergency provisions.
       Section 107(a) amends section 404(b) of the INA to permit 
     reimbursement of other Federal agencies, as well as the 
     States, out of the immigration emergency fund. Reimbursements 
     could be made to other countries for repatriation expenses 
     without the requirements that the President declare an 
     immigration emergency.
       Section 107(b) amends 50 U.S.C. 191 (Magnuson Act) to 
     permit the control and seizure of vessels when the Attorney 
     General determines that urgent circumstances exist due to a 
     mass migration of aliens.
       Section 107(c) amends section 101(a) of the INA by 
     authorizing the Attorney General to designate local 
     enforcement officers to enforce the immigration laws when the 
     Attorney General determines that an actual or imminent mass 
     migration of aliens present urgent circumstances.
       Sec. 108. Commuter land pilot programs.
       To facilitate border management, this section amends 
     section 286(q) of the INA and the 1994 Department of Justice 
     Appropriations Act to permit expansion of commuter lane pilot 
     programs at land borders.
       It also amends the 1994 Justice Appropriations Act to allow 
     the Immigration and Naturalization Service (INS) to establish 
     these projects on the Northern, as well as the Southern, 
     border.


       title ii--control of unlawful employment and verification

       Sec. 201. Reducing the number of employment verification 
     documents.
       The provisions of this section will strengthen enforcement 
     of employer sanctions. These provisions will assist interior 
     enforcement and decrease nonimmigrant overstays by making it 
     more difficult for illegal aliens to gain unlawful 
     employment.
       Section 201(a) amends section 274A(b)(2) of the INA to 
     permit the Attorney General to require any individual to 
     provide his or her Social Security account number on any 
     forms required as part of employment verification process.
       Section 201(b) amends section 274A(b)(1)(B) of the INA to 
     eliminate three types of documents that may be present to 
     establish both an individual's employment authorization and 
     identity.
       Under current law, by statute and regulation, an individual 
     may present 1 or more of up to 29 documents to establish 
     employment authorization, identity, or both.
       Documents that now establish both employment authorization 
     and identity are a U.S. passport, certificate of U.S. 
     citizenship, certificate of naturalization, unexpired foreign 
     passport with work authorization, or a resident alien card or 
     other alien registration card containing a photograph and 
     work authorization. Under this amendment, only a U.S. 
     passport, resident alien card, or alien registration card or 
     other employment authorization document issued by the 
     Attorney General would establish both employment 
     authorization and identity.
       Subsection (b) also amends 274A(b)(1)(C) of the INA to 
     eliminate the use of a U.S. birth certificate as a document 
     that can establish work authorization.
       Subsections (a) and (b) would apply with respect to hirings 
     occurring not later than 180 days after enactment, as 
     designated by the Attorney General.
       Sec. 202. Employment verification pilot projects.
       This section provides for the Attorney General, working 
     with the Commissioner of Social Security, to conduct pilot 
     projects to test methods for reliable and nondiscriminatory 
     verification of employment eligibility. Pilot programs may 
     include the expansion of the telephone verification system up 
     to 1000 employers; a simulated linkage of INS and Social 
     Security Administration (SSA) databases; a process to allow 
     employers to verify employment eligibility through SSA 
     records using INS records as a crosscheck; and improvements 
     and additions to the INS and SSA databases to make
      them more accessible for employment verification purposes. 
     Pilots are to run for 3 years with an option for a 1-year 
     extension and are to be limited to certain geographical 
     locations. The Attorney General may require employers 
     participating in the pilots to post notices informing 
     employees of their participation and of procedures for 
     filing complaints with the Attorney General regarding the 
     operation of the pilots.
       At the end of the 3-year period, the Attorney General must 
     report to Congress regarding the cost effectiveness, 
     technical feasibility, resistance to fraud, and impact upon 
     privacy and anti-discrimination policies of the various pilot 
     projects.
       Sec. 203. Confidentiality of data under employment 
     eligibility verification pilot projects.
       Section 203(a) provides for the confidentiality of 
     individual information collected in the operation of pilot 
     projects under section 202. No individual information may be 
     made available to any Government agencies, employers, or 
     other persons other than as necessary to verify that the 
     employee is not an authorized alien. In addition, the 
     information may be used for enforcement of the INA and for 
     criminal enforcement of the immigration-related fraud 
     provisions of Title 18 (sections 911, 1001, 1028, 1546, and 
     1621).
       Pursuant to section 203(b), participating employers must 
     have in place procedures to safeguard the personal 
     information and notify employees of their right to request 
     correction or amendment of their records. These procedures 
     will be detailed in a standard memorandum of understanding 
     signed by INS and each employer.
       Section 203(c) makes the provisions, rights and remedies of 
     5 U.S.C. 552a(a)(2), applicable to all work-authorized 
     persons who are subject to work authorization verification 
     under section 202 with respect to records used in the course 
     of a pilot project to make a final determination concerning 
     an individual's work authorization.
       Pursuant to section 203(d), employers and other persons are 
     subject to civil penalties from $1,000 to $10,000 for the 
     willful and knowing unlawful disclosure or use of information 
     or failure to comply with subsection 203(b).
       Section 203(e) states that nothing in this section shall 
     limit the rights and remedies otherwise available to U.S. 
     citizens and lawful permanent residents under 5 U.S.C. 552a.
       Section 203(f) states that nothing in this section or 
     section 202 shall be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.
       Sec. 204. Collection of Social Security numbers.
       To facilitate the use of Social Security numbers in 
     immigration-related activities, this section adds a new 
     subsection 264(f) to the INA to clarify that the Attorney 
     General may require any alien to provide his or her Social 
     Security number for inclusion in any record maintained by the 
     Attorney General. (This is a companion to section 201(a), 
     described above.)
       Sec. 205. Employer sanctions penalties.
       Section 205(a) amends section 274A(e)(4)(A) of the INA to 
     increase the civil penalties for employer sanctions for first 
     violations from the current range of $250 to $2,000 to a 
     range of $1,000 to $3,000. The subsection also increases 
     penalties for second violations from the current range of 
     $2,000 to $5,000 to a range of $3,000 to $8,000. The 
     penalties for subsequent violations are increased from a 
     range of $3,000 to $10,000 to a range of $8,000 to $25,000.
       Section 205(b) amends section 274A(e)(5) of the INA to 
     increase the penalties for employer sanctions paperwork 
     violations from the current range of $100 to $1,000 to a 
     range of $200 to $5,000.
       Section 205(c) amends section 274A(f)(1) of the INA to 
     increase the criminal penalty for pattern and practice 
     violations of employer sanctions to a felony offense, 
     increasing the applicable fines from $3,000 to $7,000 and the 
     criminal sentence which may be imposed from not more than six 
     months to not more than two years.
       Sec. 206. Criminal penalties for document fraud.
       Section 206(a) amends 18 U.S.C. 1028(b)(1), on 
     identification document fraud, to increase the maximum term 
     of imprisonment from 5 to 10 years. The maximum term of 
     imprisonment is up to 15 years if committed to facilitate a 
     drug trafficking offense, and up to 20 years if committed to 
     facilitate an act of international terrorism.
       Section 206(b) directs the Sentencing Commission promptly 
     to make appropriate increases in all of the base offense 
     levels for immigration document fraud offenses under 18 
     U.S.C. 1028.
       Sec. 207. Civil penalties for document fraud.
       Section 207(a) amends section 274C(a) of the INA to apply 
     civil penalties in cases where an alien has presented a 
     travel document upon boarding a vessel for United States, but 
     fails to present the document upon arrival (``document-
     destroyers''). A discretionary waiver of these penalties is 
     provided if the alien is subsequently granted asylum.
       Subsection (a) also applies civil penalties against a 
     person who prepares, files, or assists another person in 
     preparing or filing, certain false documents in reckless 
     disregard of the fact that the information is false or does 
     not relate to the applicant.
       Section 207(b) conforms section 274(c)(d)(3) to refer to 
     ``each document that is the subject of a violation under 
     subsection (a)''. This will clarify that an alien who does 
     not present a document (because it was destroyed) is subject 
     to penalties.
       Sec. 208. Subpoena authority.
       Section 208(a) amends section 274A(e)(2) of the INA to 
     clarify that immigration officers may issue subpoenas for 
     investigations of employer sanctions offenses under section 
     274A.
       Section 208(b) adds a new section 294 to the INA to 
     authorize the Secretary of Labor to issue subpoenas for 
     investigations relating to the enforcement of any immigration 
     program. It makes the authority contained in sections 9 and 
     10 of the Federal Trade Commission Act (15 U.S.C. 49, 50) 
     available to the Secretary of Labor. The Federal Trade 
     Commission Act provisions allow access to documents and files 
     of corporations, including the authority to call witnesses 
     and require production of documents.
       Sec. 209. Increased penalties for employer sanctions 
     involving labor standards violations.
       [[Page S6104]] Section 209(a) adds a new paragraph 
     274A(e)(10) to the INA to authorize an administrative law 
     judge to increase the civil penalties provided under employer 
     sanctions to an amount up to two times the normal penalties, 
     for willful or repeated violations of: (i) the Fair Labor 
     Standards Act (29 U.S.C. 201 et seq.); (ii) the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
     et seq.); and (iii) the Family and Medical Leave Act (29 
     U.S.C. 2601 et seq.).
       Section 209(b) adds a new paragraph, section 274B(g)(4), to 
     the INA to make the same provisions in (a) above applicable 
     in section 274B, unfair immigration-related employment 
     practices.
       Sec. 210. Increased civil penalties for unfair immigration-
     related employment practices.
       This section amends section 274B(g)(2)(B) of the INA to 
     increase the civil penalties applicable for unfair 
     immigration-related employment practices to make the 
     penalties comparable to the increased proposed for employer 
     sanctions violations.
       The penalty for a first violation would be increased from 
     the current range of $250 to $2,000 to a range of $1,000 to 
     $3,000. The penalty for a second violation would be increased 
     from the current range of $2,000 to $5,000 to a range of 
     $3,000 to $8,000. The penalty for more than two violations 
     would be increased from the current range of $3,000 to 
     $10,000 to a range of $8,000 to $25,000.
       The penalty for a documents violation, that is, requesting 
     more or different documents than are required or refusing to 
     honor documents tendered that on their face reasonably appear 
     to be genuine, would be increased from a range of $100 to 
     $1,000 to a range of $200 to $5,000.
       Sec. 211. Retention of employer sanctions fines for law 
     enforcement purposes.
       This section amends section 286(c) of the INA to credit to 
     INS appropriations any employer sanction penalties received 
     in excess of $5,000,000. These funds will be used to fund 
     employer sanctions enforcement and related expenses. The 
     funds credited to the account remain available until used.
       Sec. 212. Telephone verification system fee.
       This section amends section 274A(d) of the INA to authorize 
     INS to collect and retain the fees paid to use the telephone 
     verification system pilot project. These fees are to be 
     credited to the INS Salaries and Expenses appropriation as 
     offsetting collections solely for employer verification 
     services costs.
       Sec. 213. Authorizations.
       This section provides for blanket authorization for 
     appropriation of funds needed to carry out this title.


                    title iii--illegal alien removal

       Sec. 301. Civil penalties for failure to depart.
       This section adds a new section 274D to the INA, to subject 
     aliens who willfully fail to depart after an order of 
     exclusion or deportation to a $500-per-day penalty (payable 
     to the INS Commissioner as offsetting collections). This 
     section would not diminish the criminal penalties at section 
     242(e) for failure to depart or any other section of the INA.
       Sec. 302. Judicial deportation.
       Section 302(a) amends section 242A(d)(1) of the INA to 
     authorize a U.S. district court to enter a judicial order of 
     deportation when the court imposes a sentence that causes the 
     alien to be deportable or when the alien previously has been 
     convicted of an aggravated felony. Current law limits 
     judicial deportation to the time of sentencing for an 
     aggravated felony conviction.
       Section 302(b) amends section 242A(d)(3) to provide that a 
     judicial order of deportation or denial of the Government's 
     motion for such an order may be appealed by either party, as 
     part of the underlying criminal case.
       Section 302(c) amends section 242A(d)(4) of the INA to 
     strike the reference to ``a decision on the merits.'' This 
     change clarifies that the INS may place an alien in 
     administrative deportation proceedings if a Federal district 
     court judge has declined the Government's petition to issue a 
     judicial deportation order.
       Section 302(d) amends 18 U.S.C. 3583(d)(3) to provide that 
     a court may set as a condition of supervised release that an 
     alien defendant be ordered deported by the Attorney General 
     and that the alien remain outside the United States. This 
     amendment addresses an issue in litigation where district 
     court judges have read this section to authorize them to 
     order deportation.
       Sec. 303. Conduct of proceedings by electronic means.
       This section amends section 242(b) of the INA to permit 
     deportation proceedings to be conducted by video conference 
     or telephone, saving travel and hearing time and resources. 
     The alien must consent to such a hearing by telephone if it 
     is to be a full contested evidentiary hearing on the merits.
       Sec. 304. Subpoena authority.
       This section clarifies the authority of immigration judges 
     to issue subpoenas in proceedings under sections 236 
     (exclusion) and 242 (deportation) of the INA.
       Sec. 305. Stipulated exclusion and deportation.
       This section amends sections 236 and 242 of the INA to 
     permit the entry of orders of exclusion and deportation 
     stipulated to by the alien and the INS, and to provide that 
     stipulated orders are conclusive. Department of Justice 
     regulations will provide that an alien who stipulates to an 
     exclusion or deportation order waives all appeal rights.
       Sec. 306. Streamlining appeals from orders of exclusion and 
     deportation.
       This section revises and amends section 106 of the INA. It 
     provides for judicial review of final administrative orders 
     of both deportation and exclusion through a petition for 
     review, filed within 30 days after the final order in the 
     judicial circuit in which the immigration judge completed the 
     proceedings. Under current law, an order of exclusion is 
     appealable to a district court and then appealable to the 
     court of appeals.
       The Attorney General's findings of fact shall be conclusive 
     unless a reasonable adjudicator would be compelled to 
     conclude to the contrary.
       As in current law, a court may review a final order only if 
     the alien has exhausted all administrative remedies. This 
     section adds a requirement that no other court may decide an 
     issue, unless the petition presents grounds that could not 
     have been presented previously or the remedy provided was 
     inadequate or ineffective to test the validity of the order.
       A new section 106(e) provides that a petition for review 
     filed by an alien against whom a final order of deportation 
     has been issued under section 242A (aggravated felonies) will 
     be limited to whether the alien: is the alien described in 
     the order; has been convicted after entry of an aggravated 
     felony; and was afforded the appropriate deportation 
     proceedings.
       Under section 106(f) there is no judicial review of an 
     individual order of special exclusion or of any other 
     challenge relating to the special exclusion provisions. The 
     only authorized review is through a habeas corpus proceeding, 
     limited to determinations of alienage, whether the petitioner 
     was ordered specially excluded, and whether the petitioner 
     can prove by a preponderance of the evidence that he or she 
     is an alien admitted for permanent residence and is entitled 
     to further inquiry. In such cases the court may order no 
     relief other than a hearing under section 236 or a 
     determination in accordance with sections 235(a) or 273(d). 
     There shall be no review of whether the alien was actually
      excludable or entitled to relief.
       Sec. 307. Sanctions against countries refusing to accept 
     deportation of their nationals.
       This section amends section 243(g) of the INA to permit the 
     Secretary of State to refuse issuance of all visas to 
     nationals of countries that refuse to accept deportation of 
     their nationals from the United States. Under current law, 
     the Secretary of State has the authority only to refuse to 
     issue immigrant visas.
       Sec. 308. Custody of aliens convicted of aggravated 
     felonies.
       Section 308(a) amends section 236(e) of the INA to permit 
     the Attorney General to release an aggravated felon alien who 
     is in exclusion proceedings from detention if the release is 
     necessary to provide protection to a witness, a potential 
     witness, or a person cooperating with a major criminal 
     investigation, or to protect an immediate family member of 
     such a person.
       Section 308(b) amends section 242(a)(2) of the INA to 
     permit the Attorney General to release an aggravated felon 
     alien who is in deportation proceedings from detention if the 
     release is necessary to provide protection to a witness, a 
     potential witness, or a person cooperating with a major 
     criminal investigation, or to protect an immediate family 
     member of such a person.
       Sec. 309. Limitations on relief from exclusion and 
     deportation.
       Section 309(a) amends section 212(c) of the INA to limit 
     relief under section 212(c) of the INA to a person who has 
     been lawfully admitted to the U.S. for at least 7 years, has 
     been a lawful permanent resident for at least 5 years, and is 
     returning to such residence after having temporarily 
     proceeded abroad not under an order of deportation. The 5-
     year and 7-year periods would end upon initiation of 
     exclusion proceedings. Also, relief under INA section 212(c) 
     will be available only to persons in exclusion proceedings. 
     Persons in deportation proceedings must now apply for 
     cancellation of deportation (described below). Finally, an 
     aggravated felon will be eligible for section 212(c) relief 
     only if he or she has been sentenced to less than 5 years, in 
     the aggregate, for the aggravated felony conviction or 
     convictions. Time actually served will not be a factor in 
     determining eligibility.
       Section 309(b) amends section 244 of the INA to consolidate 
     two existing forms of relief from deportation (suspension of 
     deportation under section 244 and a waiver of deportability 
     under section 212(c)) into one form of relief, ``Cancellation 
     of Deportation.'' A lawful permanent resident (LPR) would be 
     eligible for cancellation if he or she has been an LPR for 5 
     years, has resided in the U.S. after lawful admission for 7 
     years, and has not been convicted of an aggravated felony or 
     felonies for which he or she has been sentenced, in the 
     aggregate, to a term or terms of 5 years or more. A non-LPR 
     would be eligible for relief if he or she had been 
     continuously physically present for 7 years, was of good 
     moral character, and could establish extreme hardship to the 
     alien or the alien's U.S. citizen spouse or child if 
     deported. The 7-year and 5-year periods end with the issuance 
     of an Order to Show Cause initiating deportation proceedings. 
     This provision would clarify an area of the law regarding the 
     cutoff periods for these benefits that have given rise to 
     significant litigation and different rules being applied in 
     different judicial circuits.
       This section also amends the existing provisions for 
     voluntary departure. Prehearing 
     [[Page S6105]] voluntary departure may be granted to any 
     alien other than an aggravated felon. The Attorney General 
     may require a voluntary departure bond. At the conclusion of 
     a deportation proceeding, voluntary departure may be granted 
     only if the person has been of good moral character for 5 
     years prior to the order, is not deportable under certain 
     criminal or national security grounds, and demonstrates by 
     clear and convincing evidence that he or she has the means to 
     depart the United States and intends to do so. The alien 
     would be required to post a voluntary departure bond. An 
     alien would be subject to civil penalties of $500 per day for 
     failure to depart within the time set for voluntary 
     departure. Judicial review of voluntary departure orders 
     would be limited.
       An alien would be subject to civil penalties of $500 per 
     day for failure to depart within the time set for voluntary 
     departure. Judicial review of a voluntary departure order 
     would be prohibited if relief was granted for 30 days or 
     more. Judicial review of a denial of voluntary departure 
     could not stay deportation of an alien after 60 days had 
     passed from issuance of an order of deportation.
       Section 309(c) makes conforming amendments to sections 
     242(b) and 242B(e) of the INA.
       Section 309(d) provides that the effective date of this 
     section is the date of enactment, except that subsections (a) 
     and (b), relating to the determination of when the period of 
     residency or of continuous physical presence ends, are 
     applicable only to orders to show cause filed on or after the 
     date of enactment. The conforming amendments made by 
     subsection (c) are effective on enactment.
       Sec. 310. Rescission of lawful permanent resident status.
       This section amends section 246(a) of the INA to clarify 
     that the Attorney
      General is not required to rescind the lawful permanent 
     resident status of a deportable alien separate and apart 
     from the deportation proceeding under section 242 or 242A. 
     This provision will allow INS to place a lawful permanent 
     resident who has become deportable into deportation 
     proceedings immediately.
       Sec. 311. Increasing efficiency in removal of detained 
     aliens.
       This section authorizes appropriations for the Attorney 
     General to conduct a pilot program or programs to study 
     methods for increasing the efficiency of deportation and 
     exclusion proceedings against detained aliens by increasing 
     availability of pro bono counseling and representation. The 
     Attorney General may use funds to award grants to not-for-
     profit organizations assisting aliens.


                   title iv--alien smuggling control

       Sec. 401. Wiretap authority for investigations of alien 
     smuggling and document fraud.
       This section amends 18 U.S.C. 2516(l) to give INS the 
     authority to use wiretaps in investigations of alien 
     smuggling and document fraud.
       Sec. 402. Applying racketeering offenses to alien 
     smuggling.
       This section amends 18 U.S.C. 1961(l) to include the 
     offenses relating to alien smuggling as predicate offenses 
     for racketeering charges. The application of RICO to 
     smuggling will be limited to those offenses committed for 
     commercial advantage or private financial gain.
       Sec. 403. Expanded asset forfeiture for smuggling or 
     harboring aliens.
       This section amends 274 of the INA to authorize seizure and 
     forfeiture of real and personal property in cases of alien 
     smuggling and harboring. Current forfeiture authority is 
     limited to conveyances. INS must give notice to owners of an 
     intent to forfeit.
       Sec. 404. Increased criminal penalties for alien smuggling.
       This section amends section 274(a)(1)(A) of the INA to add 
     conspiracy and aiding and abetting to the smuggling offenses, 
     with offenders being subject to a fine, and/or 10 years 
     imprisonment for conspiracy and/or 5 years imprisonment for 
     aiding and abetting. It makes it a criminal offense to hire 
     an alien with the knowledge that the alien is not authorized 
     to work and that the alien was smuggled into the U.S. The 
     penalty for violating this section is a fine and/or up to 5 
     years imprisonment.
       This section also amends section 274(a)(2) of the INA to 
     increase the penalties for multiple smuggling offenses (and 
     for a new offense for smuggling aliens who will be committing 
     crimes) to not less than 3 years or more than 10 years of 
     imprisonment.
       Sec. 405. Undercover investigation authority.
       This section authorizes INS to use appropriated funds to 
     lease space, establish, acquire, or operate business entities 
     for undercover operations, so-called ``proprietaries'' to 
     facilitate undercover immigration-related criminal 
     investigations. INS may deposit funds generated by these 
     operations or use them to offset operational expenses.
       Sec. 406. Amended definition of aggravated felony.
       Section 406(a) amends section 101(a)(43)(N) of the INA, to 
     strike the reference to title 18, U.S.C. in defining alien 
     smuggling as an aggravated felony. This amendment will result 
     in the inclusion of the smuggling offenses in section 274 of 
     the INA into the definition of aggravated felony. It also 
     amends the definition of ``aggravated felony'' by adding a 
     requirement that the offense of trafficking in document fraud 
     to be ``for the purpose of commercial advantage.''
       Section 406(b) amends section 101(a)(43) to provide that 
     the term ``aggravated felony'' applies for all purposes to 
     convictions entered before, on, or after the date of 
     enactment of this Act. This amendment will end controversy on 
     which convictions fall within the definition.
       Section 406(c) amends section 243(h) of the INA to provide 
     that for purposes of determining whether an alien is 
     ineligible for withholding of deportation based on conviction 
     for an aggravated felony, the alien must have been sentenced 
     to five years or more. Currently any aggravated felon is 
     ineligible for withholding of deportation.


                  title v--inspections and admissions

       Sec. 501. Civil penalties for bringing inadmissible aliens 
     from contiguous territories.
       This section amends section 273(a) to establish the 
     illegality of bringing inadmissible aliens from foreign 
     contiguous territories. It amends section 273(b) of the INA 
     to increase from $3,000 to $5,000 the fine for bringing in an 
     alien unlawfully.
       Sec. 502. Definition of stowaway; excludability of 
     stowaway; carrier liability for costs of detention.
       Section 502(a) adds a definition of stowaway to the INA 
     (section 101(a)) to mean any alien who obtains transportation 
     without consent or through concealment or evasion.
       Section 502(b) amends section 237 of the INA to clarify 
     that a stowaway is subject to immediate exclusion and 
     deportation. However, it allows a stowaway to apply for 
     asylum or withholding of deportation.
       Section 502(c) amends section 273(d) of the INA to require 
     the carrier to detain a stowaway until he or she has been 
     inspected by an immigration officer and to pay for any 
     detention costs incurred by the Attorney General should the 
     alien be taken into custody. It amends section 273(d) by 
     raising the fine for failure to remove a stowaway from $3,000 
     to $5,000 per stowaway, payable to the Commissioner as 
     offsetting collections.
       Sec. 503. List of alien and citizen passengers arriving or 
     departing.
       This section amends section 231(a) of the INA to clarify 
     the content of and format for passenger lists and manifests 
     to be prepared and submitted by carriers to INS, including 
     name, date of birth, gender, citizenship, travel document 
     number, and arriving flight number.
       Sec. 504. Elimination of limitations on immigration user 
     fees for certain cruise ship passengers.
       This section amends section 286(e)(1) of the INA to remove 
     the current exemption from payment of the $6 immigration user 
     fee for cruise ship passengers.
       Sec. 505. Transportation line responsibility for transit 
     without visa aliens.
       This section amends section 238(c) of the INA to provide 
     that a carrier which has entered into an agreement with the 
     United States to transport aliens without visas through the 
     U.S. must agree to indemnify the United States for any costs 
     of detaining or removing such an alien.
       Sec. 506. Authority to determine visa processing 
     procedures.
       This section amends section 202(a)(1) of the INA, which 
     provides that visas must be issued without discrimination 
     because of race, sex, nationality, place of birth, or place 
     of residence, to state that nothing in this subsection limits 
     the authority of the Secretary of State to determine 
     procedures for processing visas. This section would reverse a 
     recent judicial decision which interpreted the existing 
     language to require the Secretary of State to process visas 
     in a specific location.
       Sec. 507. Border services user fee.
       This section adds a new subsection 286(s) to the INA, 
     authorizing the Attorney General to charge and collect a 
     border services user fee for every land border entry, 
     including persons arriving at U.S. borders by ferry, at 
     participating ports-of-entry. The fee is to be collected in 
     U.S. Currency and is set at $1.50 for each non-commercial 
     conveyance, and $.75 for each pedestrian. Commercial 
     passenger conveyances will be charged the pedestrian fee for 
     operator and each passenger, except that ferry crewmen are 
     not subject to the fee.
       The section provides for each State to determine at which, 
     if any, ports the fee is to be collected. A State that 
     exercises this local option may establish a Border Service 
     Council for each port to develop priorities for use of the 
     fees collected, for submission to the Attorney General. The 
     Attorney General must consider these priorities in funding 
     port services. Funds remaining after payment of the costs of 
     port services are to be given to the Councils to spend on 
     port-related enhancements. The Attorney General will allocate 
     enhancement funds for ports that do not set up a Border 
     Service Council.
       The Council membership must include three state 
     representatives appointed by the Governor including at least 
     one business representative, three local representatives, and 
     three federal representatives.
       A State may withdraw a port from participation after 
     amortizing improvements and after one year's notice.
       The Attorney General is authorized to provide special 
     discounts for frequent border crossers, to adjust the fee to 
     compensate for inflation and cover increased costs, and to 
     contract with private and public sectors to collect the fee. 
     The Attorney General may establish such penalties for non-
     payment of the fees as are necessary to ensure compliance. 
     The Attorney General is authorized to advance to the Border 
     Services User Fee Account the amount of the start up costs 
     from the Department of Justice's Working Capital Fund. 
     Receipts from the fee will be transferred back from the 
     Border Services User 
     [[Page S6106]] Fee Account and deposited as offsetting 
     receipts to the Working Capital Fund to cover this advance.
       The Attorney General will begin collecting the fee not 
     later than 12 months from the date the State notifies the 
     Attorney General that it has selected ports to participate in 
     the fee program.


            title vi--miscellaneous and technical amendments

       Sec. 601. Alien prostitution.
       This section amends section 2424 of Title 18, U.S.C. 
     (relating to filing statements with INS when bringing in 
     aliens for immoral purposes) to add as a requirement for the 
     offense that a person bringing in an alien for prostitution 
     do so ``knowing[ly] or in reckless disregard.'' It also 
     deletes the statutory reference to signatories to the 1902 
     international convention and increases the maximum sentence 
     for the offense from two to ten years.
       Sec. 602. Grants to States for medical assistance to 
     undocumented immigrants.
       This section authorizes appropriations to assist States in 
     providing treatment to certain aliens for emergency medical 
     conditions.
       Sec. 603. Technical corrections to Violent Crime Control 
     Act and Technical Corrections Act.
       Section 603(a) amends section 130003(c)(1) of the Violent 
     Crime Control Act of 1994, Pub. L. 103-322. Section 
     130003(c)(1) created a new subsection 245(i) of the Act to 
     provide for the adjustment of status for certain aliens in S 
     nonimmigrant status. A technical correction is necessary 
     because section 506(b) of the Commerce, Justice, and State 
     appropriations statute, P.L. 103-317 (Aug. 26, 1994) had 
     previously created a new subsection 245(i) to provide for the 
     adjustment of status of certain aliens previously ineligible 
     for such privilege. This proposed statutory amendment would 
     redesignate the S-related adjustment provision as section 
     245(j) of the Act.
       Section 603(b) amends section 130004(b)(3) of P.L. 103-322 
     by removing an incorrect reference to section 242A(b)(5) and 
     replacing it with proper reference to paragraph (b)(4).
       Sec. 604. Expeditious deportation.
       This section amends Section 225 of the Immigration and 
     Nationality Technical Corrections Act of 1994, P.L. 104-416, 
     by adding a reference to section 242A of the INA (which 
     requires the Attorney General to commence deportation 
     proceedings promptly) to the existing reference to section 
     242(i) (also requiring expeditious deportation), so that 
     section 225 now provides that neither of those provisions 
     create any enforceable substantive or procedural right or 
     benefit against the United States.
       Sec. 605. Authorization for use of volunteers.
       This section authorizes the Attorney General to accept and 
     use unpaid personnel to assist INS administratively in 
     naturalization, adjudications at ports of entry, and to 
     remove criminal aliens.
                                 ______

      By Mr. DOMENICI (for himself, Mr. Ford, Mr. Johnston, Mr. 
        Campbell, Mr. Thomas, and Mr. Simpson):
  S. 755. A bill to amend the Atomic Energy Act of 1954 to provide for 
the privatization of the U.S. Enrichment Corporation; to the Committee 
on Energy and Natural Resources.


                         usec privatization act

  Mr. DOMENICI. Mr. President, I rise today on behalf of myself and 
Senators Ford, Johnston, Campbell, Thomas, and Simpson to introduce the 
USEC Privatization Act.
  The U.S. Enrichment Corporation is a federally owned corporation 
established pursuant to the Energy Policy Act of 1992. Prior to the 
transition mandated by the Energy Policy Act, USEC's functions were 
performed by the Department of Energy and its predecessor agencies.
  Currently, the Corporation leases assets, most notably gaseous 
diffusion plants at Portsmouth, OH, and Paducah, KY, from the 
Department of Energy. USEC continues to operate those facilities in a 
manner similar to that in which they were operated prior to the 
transition. USEC also assumed contractual responsibility to implement 
uranium enrichment contracts that were in existence at the transition 
date and the right to utilize the gaseous diffusion facilities leased 
from the Department to provide uranium enrichment services, for the 
most part, as the market dictates.
  The legislation I have introduced today would complete the transition 
process initiated by the Energy Policy Act by establishing USEC as a 
privately owned entity. The legislation is necessary to provide for a 
smooth transition and to resolve a number of issues not considered by 
the Energy Policy Act.
  The legislation provides for the transfer of employment, health, and 
pension benefits of current employees from the current Government-owned 
Corporation to the private corporation. The language included in the 
legislation has been developed by USEC and the Department of Energy 
working in conjunction with the Office of Personnel Management. In 
addition, the union that represents the majority of employees at the 
Portsmouth and Paducah gaseous diffusion plants; the Oil, Chemical, and 
Atomic Workers International Union have made recommendations. It is my 
clear intention to protect the interests of those employees through the 
transition.
  One of the most difficult and complicated issues facing USEC, and the 
uranium industry as a whole, is the reintroduction into the commercial 
market of uranium produced for defense purposes. During the cold war, 
uranium was produced for national security requirements in huge volumes 
with almost no consideration of cost. Treaty mandated reductions in 
nuclear arsenals have suddenly surplused much of that material. In 
addition, there is significant pressure to process fissile material 
from dismantled weapons in order to limit the ability to easily 
reconstitute those weapons. In the case of highly enriched uranium, 
those pressures have
 resulted in efforts, both in the United States and the former Soviet 
Union, to blend the material into low-enriched uranium suitable for 
electricity generation in commercial reactors.

  Low-enriched uranium derived from highly enriched uranium, regardless 
of its country of origin, has suddenly become available in large 
quantities and, for the most part, in order to be sold in the 
commercial market, is being offered at prices significantly below its 
total production costs. Material once required regardless of cost, is 
now available to be sold at the marginal costs of blending it down--
significantly below the production costs of even the most efficient 
producers in operation today.
   U.S. trade law prohibits imported low-enriched uranium derived from 
highly enriched uranium from being dumped into U.S. markets. The 
Department of Commerce currently enforces restrictions on all uranium 
imported from the Russian Federation through the Amendment to the 
Agreement Suspending the Antidumping Investigation on Uranium from the 
Russian Federation, Department of Commerce Investigation No. A-821-802, 
dated March 11, 1994, the Suspension Agreement. In addition, the 
Department of State has recently reached an understanding with Canada 
on the Implementation of the Suspension Agreement particularly as it 
pertains to the natural uranium component of low-enriched uranium 
derived from highly enriched uranium. That understanding stipulates 
that such material could be used only in the operation of the U.S. 
Enrichment Corporation, for example, for overfeeding purposes, for sale 
in accordance with Section IV.M of the Suspension Agreement, for 
example, outside of the United States, or it could be returned to 
Russia.
  Those commitments place severe restrictions on the ability of the 
United States to implement the Agreement Between the Government of the 
United States of America and the Government of the Russian Federation 
Concerning the Disposition of Highly Enriched Uranium Extracted from 
Nuclear Weapons, the HEU Agreement. That agreement calls upon the 
executive agent for the United States, currently USEC, to purchase $8 
billion of separative work units and $4 billion of natural uranium 
displaced by low-enriched uranium derived from highly enriched uranium 
from former Soviet nuclear weapons between now and 2013. While USEC may 
sell the separative work units into the commercial market, the 
Suspension Agreement and the understanding with Canada prevent USEC 
from selling the vast majority of the natural uranium derived from the 
agreement. While USEC is technically obligated to pay the Russians for 
the natural component only when it is sold or 2013, whichever comes 
first, Russia has made it clear that failure to pay for the natural 
uranium upon delivery jeopardizes the entire HEU Agreement--clearly a 
detriment to United States national security interests.
  This legislation proposes an innovative remedy to this situation. 
Simply put, natural uranium displaced by low-enriched uranium imported 
under the HEU Agreement would be deemed to be 
[[Page S6107]] of Russian origin and title of such material would be 
given to Russia. That material would be subject to the Suspension 
Agreement and the
 understanding with Canada accept that it could be sold for commercial 
end use in the United States starting in 2002 according to a schedule 
defined in the legislation.

  Under this proposal, the Russians would be able to sell natural 
uranium derived from the HEU Agreement for future deliveries; in effect 
establishing a futures market. The price the Russians would be able to 
derive for the material sold now as futures would be dependent upon the 
conditions of commercial agreements between the Russians and any 
private investment entity, and would vary depending on predicted prices 
in the year 2002 and beyond.
  However, it is my estimate that the net present value of that 
material is somewhere near $7 per pound. While that is below the 
current market price of $11.50 per pound, a futures contract could 
provide for an immediate cash purchase of the uranium instead of the 
continued uncertainty and possible delay of reimbursement until 2013.
  In addition to the benefits to the Russians, the United States gains 
because the Suspension Agreement and commitments made to Canada would 
stand. The USEC privatization is able to proceed without the 
uncertainty of a potential $4 billion obligation, and because the 
Suspension Agreement continues in its current form, the United States 
uranium industry is allowed to continue to operate according to market 
conditions.
  The United States also has significant, undertermined inventories of 
excess highly enriched uranium and low-enriched uranium. This 
legislation establishes a series of requirements that must be met 
before that material may enter the civilian market. Prior to the 
privatization date, the Secretary may agree to transfer up to 4 million 
separative work units and 7,000 metric tons or natural uranium to USEC. 
However, that material may be delivered for commercial end use only 
according to a defined disposition schedule.
  Additional material, transferred to USEC from the Department of 
Energy following privatization may also enter the commercial market. 
However, prior to any such sale, the Secretary of Energy must conduct a 
full rulemaking to determine that the sale of the material will not 
have an adverse impact on the domestic mining or enrichment industry.
  The legislation leaves in place the Energy Policy Act's provisions 
regarding liability. This issue will be considered in hearings. 
However, it is my intent that liabilities incurred following the 
transition date will be borne by the government-owned enrichment 
enterprise in existence today and its privately owned successor 
following the privatization date.
  There are a number of issues the legislation does not address. It 
does not include language proposed by USEC to enable USEC to
 commercialize organic membrane technology developed by the Department 
of Energy for uranium enrichment purposes. National security 
considerations and a desire to maintain a level playing field for 
technology transfer make this an issue best considered at a hearing 
before it is included in legislation. The legislation is also silent on 
the renegotiation of the current USEC-Department of Energy lease for 
the gaseous diffusion facilities. This may be an issue that is 
addressed following hearings.

  Mr. President. The U.S. Enrichment Corporation falls within the 
jurisdiction of the Subcommittee on Energy Research and Development of 
the Committee on Energy and Natural Resources. I serve as chairman of 
that subcommittee while my distinguished colleague from Kentucky, 
Senator Ford, serves as ranking member. It is my intention to hold 
hearings on this legislation as soon as practicable, preferably this 
month.
                                 ______

      By Mr. ROCKEFELLER:
  S. 756. A bill to expand United States exports of goods and services 
by requiring the development of objective criteria to achieve market 
access in foreign countries, to provide the President with reciprocal 
trade authority, and for other purposes; to the Committee on Finance.


                  the open markets and fair trade act

  Mr. ROCKEFELLER. Mr. President, I am rising to talk about a problem 
that persists year after year, and a bill to do something about it. I'm 
speaking of our trade deficit, which is out of control. Certainly, we 
are making progress on some micro-economic levels, and the Clinton 
administration has hammered out more than 70 different trade agreements 
over the last 2-plus years--14 with Japan alone. These are helping some 
industries, some workers, and some parts of our economy. But they have 
done nothing to shrink the trade deficit. Clearly, more must be done.
  The bill I am introducing today, the Open Markets and Fair Trade Act 
of 1995, will evaluate the current conditions of markets around the 
world for American products and negotiate access to those markets. It 
also gives the President and Congress a new tool to use in those 
negotiations--the threat of reciprocal trade action. Basically the bill 
tells our trading partners that if they refuse to give our products 
reasonable market access, we may impose the same kind of restrictions 
on their products.
  For example, under this legislation, if negotiations with the 
Japanese over the aftermarket for autoparts reached an impasse, the 
President could come to Congress and seek a reciprocal trade action 
that establishes a regulation that matches their strict regulations on 
repairing cars, which today serve to effectively keep most American 
replacement parts off Japanese cars. These restrictions only serve to 
help the Japanese producers and harm American manufacturers. In fact, 
along with American companies and American workers, the Japanese 
consumer is probably the biggest loser in the equation. It costs them 
about $600 for a new alternator in Tokyo--the same part in the United 
States costs about $120. A muffler sells for about $82 in the United 
States, and $200 in Japan. And a shock absorber set costs about $230 
here, and over $600 in Tokyo.
  The New York Times ran a story on May 2 that couldn't be more timely. 
Even with the dramatic rise of the yen, they reported that it still 
costs $5.35 for a Florida grapefruit in Japan. And a can of Campbell's 
chicken noodle soup cost 220 yen today, the same as in 1991--when the 
dollar was more than 50 percent stronger. If the price of the soup had 
dropped to match
 the rise of the yen, a can of Campbell's soup would cost about 125 yen 
today, not 220 yen, or $2.75, as it is now being sold in Tokyo. It is 
clear that the savings that should accrue from the strength of the yen 
never passed on to the Japanese consumer.

  But let me stress, this bill does not single out Japan. I want to pry 
open markets wherever they're closed, wherever in the world American 
products are denied access. Our trade deficit with Japan was $65 
billion last year; with China it was $30 billion; we had a deficit of 
almost $14 billion with Canada, and Germany rang in at $14 billion. Mr. 
President, following my statement, I would like to include a chart that 
lists the top 10 countries in which America has a trade deficit. While 
not all of these countries have barriers of the sort that this bill 
seeks to eliminate, a number of them clearly do. Again, this bill does 
not specify one country or another, it is about following up on the 
Uruguay round and looking beyond tariffs--it is designed to deal with 
market barriers; the internal rules in various countries that are 
practical impediments to American businesses. I am seeking to open more 
markets across the globe in order to bring about the increased exports 
and jobs that GATT promised.
  And I think it's high time we question the wisdom that blames almost 
all of America's trade deficit problems solely on ourselves. For years, 
we've heard the same assertions: ``Americans spend too much and save 
too little . . . the budget deficit is too high . . . we are growing 
faster than other countries so we have more money to spend than you.'' 
Yes, these economic realities contribute to the problem, but under 
President Clinton's leadership, we have reduced the Federal fiscal 
deficit by over $700 billion, yet the trade deficit goes up and up.
  I think it's time we reverse the premise and look at how the trade 
deficit fuels our savings and debt problems. The inability of American 
companies 
[[Page S6108]] to sell in places like Japan, China, Germany, and 
elsewhere costs our corporations profits, our workers job 
opportunities, and our Nation revenues--all of which weigh down our own 
economic growth and add to our fiscal deficit.
  Whether it is a requirement for American firms to hire local agents 
to conduct business; cumbersome inspection and customs procedures; bans 
on the sale of products for dubious claims of national sovereignty or 
some other sort of prerogative, the simple fact is that protected 
sanctuary markets abroad are a major contributor to America's economic 
problems.
  To explain this simply, I will use as an example the well-known case 
of how Japanese manufacturers sell things like electronics in the 
United States at such cheap prices, even when the yen is at a record 
height. I am citing Japan here, but it could be any other country that 
has a ``sanctuary'' market. It is well-known that many Japanese-made 
products are cheaper in the United States than in Japan. That is 
because Japan's closed market is a sanctuary that effectively insulates 
producers from competition, and allows them to over-charge Japanese 
consumers, giving them enough of a profit margin at home to sell below 
cost here. That means American companies lose on both ends. We can't 
export into these markets, and their subsidized exports harm our 
domestic industries and cost us jobs.
  My trade policy is quite simple, in addition to preserving the 
effectiveness of America's trade laws, I support measures that will 
increase American exports, and West Virginia exports specifically. 
Every $1 billion in exports supports about 17,000 jobs. So it follows 
that if we increase American exports, we will create more jobs here in 
the United States. And export related jobs are, on average, better, 
higher paying jobs. That is why I have worked so hard to introduce West 
Virginia businesses to foreign market opportunities.
  While this bill will expose countries with whom we have a trade 
deficit to extra scrutiny by the Commerce Department, the Open Markets 
and Fair Trade Act of 1995 is about market opportunities for American 
firms and especially markets for American industries with the most 
export potential and which promote critical technologies. Most 
importantly, it instructs the Commerce Department to look at markets 
which, if we can export there, offer the greatest employment 
opportunities for American workers.
  America cannot afford to be a market for everyone else's products 
when we don't get the same kind of access in return. Our economy, and 
the global economy, cannot sustain that kind of imbalance. The American 
people will only continue to support free trade if it means we are able 
to sell American products abroad as easily as Asian and European and 
Latin American manufacturers have access to our shelves and showrooms. 
While past negotiations should have made these points perfectly clear, 
the Open markets and Fair Trade Act of 1995 will erase any doubts that 
may have lingered with our trading partners.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                  U.S. TRADE DEFICIT: TOP 10 COUNTRIES                  
                        [In billions of dollars]                        
------------------------------------------------------------------------
                                               Trade deficit            
             Country              --------------------------------------
                                       1994         1993         1992   
------------------------------------------------------------------------
1. Japan.........................       65.669       59.318       49.417
2. China.........................       29.494       22.768       18.260
3. Canada........................       14.693       10.732        8.341
4. Germany.......................       12.512        9.648        7.593
5. Taiwan........................        9.633        8.855        9.397
6. Italy.........................        7.518        6.764        3.602
7. Malaysia......................        7.012        4.504        3.898
8. Thailand......................        5.446        4.773        3.546
9. Venezuela.....................        4.336        3.541        2.730
10. Nigeria......................        3.921        4.410        4.073
                                  --------------------------------------
      Subtotal for top 10........      160.234      135.313      110.857
Total for the world..............      151.414      115.611       84.881
------------------------------------------------------------------------

                                 ______

      By Mr. COCHRAN:
  S.J. Res. 33. A bill proposing an amendment to the Constitution of 
the United States relative to the free exercise of religion; to the 
Committee on the Judiciary.


               constitutional amendment joint resolution

 Mr. COCHRAN. Mr. President, I am pleased today to introduce a 
joint resolution proposing an amendment to the Constitution that will 
restore to individuals the fundamental right to the free exercise of 
their religious beliefs.
  Although most of us would agree that the Framers of the Constitution 
intended special protection for the ``free exercise of religion'' when 
they included it in the Bill of Rights, several judicial rulings, and 
other acts of governments at all levels, over the years have brought 
that provision into question and resulted in much confusion.
  I invite Senators to support this reaffirmation of fundamental, 
constitutional right.


                          ____________________