[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.
____________________