[Congressional Record Volume 142, Number 38 (Tuesday, March 19, 1996)]
[House]
[Pages H2378-H2461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                IMMIGRATION IN THE NATIONAL INTEREST ACT

  Mr. SPEAKER pro tempore. Pursuant to House Resolution 384 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 2202.

                              {time}  1813


                     in the committee of the whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the consideration of the bill (H.R. 
2202) to amend the Immigration and Nationality Act to improve 
deterrence of illegal immigration to the United States by increasing 
border patrol and investigative personnel, by increasing penalties for 
alien smuggling and for document fraud, by reforming exclusion and 
deportation law and procedures, by improving the verification system 
for eligibility for employment, and through other measures, to reform 
the legal immigration system and facilitate legal entries into the 
United States, and for other purposes with Mr. Bonilla in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Texas [Mr. Smith] will be 
recognized for 60 minutes, and the gentleman from Michigan [Mr. 
Conyers] will be recognized for 60 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Smith].
  Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I might 
consume.
  Mr. Chairman, I would like first to thank the chairman of the 
Committee on the Judiciary, the gentleman from Illinois [Mr. Hyde], for 
his generous support along the way. It is he who has been captain of 
the ship, and it is his steady hand at the helm who has brought us to 
these shores tonight.

                              {time}  1815

  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Illinois [Mr. Hyde], the chairman of the Committee on the 
Judiciary.
  (Mr. HYDE asked and was given permission to revise and extend his 
remarks.)
  Mr. HYDE. Mr. Chairman, I thank the distinguished chairman of the 
Subcommittee on Immigration for yielding me time, and I am pleased to 
speak here on this very important issue.
  Mr. Chairman, immigration reform is one of the most important 
legislative priorities facing the 104th Congress. Today, undocumented 
aliens surreptitiously cross our border with impunity. Still others 
enter as nonimmigrants with temporary legal status, but often stay on 
indefinitely and illegally. The INS administrative and adjudicatory 
processes are a confusing, inefficient bureaucratic maze, resulting in 
crippling delays in decisionmaking. The easy availability of fraudulent 
documents frustrates honest employers, who seek to prevent the 
employment of persons not authorized to work in the United States. 
Unfortunately, the result of illicit job prospects only serves as a 
magnet to further illegal immigration. Clearly, we face a multifaceted 
breakdown of immigration law enforcement that requires our urgent 
attention.
  The 104th Congress can make an unprecedented contribution to the 
prevention of illegal immigration as long as we have the will to act. 
H.R. 2202 provides for substantially enhanced border and interior 
enforcement, greater deterrence to immigration-related crimes, more 
effective mechanisms for denying employment to undocumented aliens, 
broader prohibitions on the receipt of public benefits by individuals 
lacking legal status, and expeditious removal of persons not legally 
present in the United States.
  The Committee on the Judiciary, recognizing that issues involving 
illegal and legal migration are closely intertwined, approved a bill 
that takes a comprehensive approach to reforming immigration law. 
Today, we create unfulfillable expectations by accepting far more 
immigration applications than we can accommodate--resulting in backlogs 
numbering in the millions and waiting periods of many years. We simply 
need to give greater priority to unifying nuclear families, which is a 
priority of H.R. 2202.
  In addressing family immigration, the Judiciary Committee recognized

[[Page H2379]]

the need for changes in the bill as originally introduced. For example, 
the Committee adopted my amendment deleting an overly restrictive 
provision that would have denied family-based immigration opportunities 
to parents unless at least 50 percent of their sons and daughters 
resided in the United States.
  During our markup, we also modified provisions of the bill on 
employment related immigration--removing potential impediments to 
international trade and protecting the access of American businesses to 
individuals with special qualifications who can help our economy. We 
recognized the critical importance of outstanding professors and 
researchers and multinational executives and managers by placing these 
two immigrant categories in a new high priority--second preference--
exempt from time consuming labor certification requirements. We 
restored a national interest waiver of labor certification requirements 
and delineated specific criteria for its exercise. In addition to 
adopting these two amendments which I sponsored, the committee also 
substantially modified new experience requirements for immigrants in 
the skilled worker and professional categories and deleted a provision 
potentially reducing available visas up to 50 percent. The net result 
of these various changes is that American competitiveness in 
international markets will be fostered--encouraging job creation here 
at home.
  Another noteworthy amendment to this bill restored a modified 
diversity immigrant program. Up to 27,000 numbers--roughly half the 
figure under current law--will be made available to nationals of 
countries that are not major sources of immigration to the United 
States but have high demand for diversity visas. The program will help 
to compensate for the fact that nationals of many countries--such as 
Ireland--generally have not been eligible to immigrate on the basis of 
family reunification.
  This week we have the opportunity to pass legislation that will give 
us needed tools to address illegal immigration and facilitate a more 
realistic approach to legal immigration. Our final work product should 
include an employment verification mechanism, because America's 
businesses cannot effectively implement the bar against employing 
illegal aliens without some confirmation mechanism. H.R. 2202 
appropriately gives expression to the utility of reviewing immigration 
levels periodically, but we need to adopt an amendment by the gentleman 
from Kansas [Mr. Brownback] and the gentleman from Illinois [Mr. 
Gutierrez] that deletes language in the bill imposing a sunset on 
immigrant admissions in the absence of reauthorization because such a 
provision can create serious potential hardships for families and major 
disruptions for American businesses.
  There are two other amendments I wish to comment on briefly at this 
time. An amendment by the gentleman from Florida [Mr. Canady] will 
require that employment-based immigrants and diversity immigrants 
demonstrate English language speaking and reading ability. I plan to 
support it because I believe that our common language is an essential 
unifying force in this pluralistic society and a key to success in the 
American work force. An amendment by the gentleman from Wisconsin [Mr. 
Kleczka] reimburses fees to Polish nationals who applied for the 1995 
diversity immigrant program without being selected. Such recompense is 
entirely appropriate because the State Department erred in its handling 
of applications from nationals of Poland.
  This omnibus immigration reform legislation, introduced by the 
gentleman from Texas, Lamar Smith, chairman of the Subcommittee on 
Immigration and Claims, makes major needed changes in the Immigration 
and Nationality Act. A number of the bill's provisions are consistent 
with recommendations made by the Congressional Task Force on 
Immigration Reform, chaired by the gentleman from California, Elton 
Gallegly, as well as by the U.S. Commission on Immigration Reform, 
chaired by our former colleague, the late Barbara Jordan. I also note 
that the administration finds itself in agreement with significant 
portions of the bill before us. The extent of bipartisan interest in 
achieving immigration reform must not be overlooked as Members debate 
this legislation.
  The Committee on the Judiciary, during a long markup on nine 
different days, improved provisions on both illegal and legal 
immigration. We favorably reported H.R. 2202 as amended by a recorded 
vote of 23 to 10.
  Immigration reform is very high on the list of national concerns--
underscoring the importance of our task this week. I fully recognize 
the complexity of this issue--socially, economically, and emotionally. 
These are problems that generate strongly held views. Nevertheless, I 
am confident that this House will debate these matters with civility, 
patience and good will. The 104th Congress can make a major 
contribution toward solving our nation's immigration problems and 
active consideration of H.R. 2202 represents a forward step in that 
direction.
  Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I might 
consume.
  Mr. Chairman, on the other side of the aisle from me is the ranking 
minority member of the Subcommittee on Immigration, my friend and 
colleague, the gentleman from Texas, [Mr. John Bryant]. He has been an 
equal partner in this effort to reform our immigration laws, and I want 
to thank him as well.
  Mr. Chairman, we now begin consideration of immigration legislation 
that reduces crime, unites families, protects jobs, and eases the 
burden on taxpayers. A sovereign country has a profound responsibility 
to secure its borders, to know who enters for how long and why. 
Citizens rightfully expect Congress to put the national interest first.
  In approving the Immigration in the National Interest Act, Congress 
will provide a better future for millions of Americans and for millions 
of others who live in foreign lands and have yet to come to America. 
This pro-family, pro-worker, pro-taxpayer bill reaffirms the dreams of 
a nation of immigrants that has chosen to govern itself by law.
  Immigration reform of this scope has been enacted by only three 
Congresses this century. The consideration of this bill is a momentous 
time for us all.
  As the debate goes forward, my hope is that the discussion on the 
House floor will mirror the high level of debate evident when the 
Committee on the Judiciary considered this legislation earlier this 
year. Even though there were disagreements over many issues, the 
complex and sensitive subject of immigration reform was dealt with 
rationally and with mutual respect for each others positions. This is 
not to say that feelings about immigration do not run high. But it 
would be just as unfair, for example, to call someone who wanted to 
reform immigration laws anti-immigrant as it would be to call someone 
who opposed immigration reform anti-American.
  The Immigration in the National Interest Act addresses both illegal 
and legal immigration. As a bipartisan Commission on Immigration Reform 
and the administration also have concluded, both are broken and both 
must be fixed. To wait any longer would put us on the wrong side of the 
strong feelings of the American people, on the wrong side of common 
sense, and on the wrong side of our responsibility as legislators.
  Illegal immigration forces us to confront the understandable desire 
of people to improve their economic situation. Illegal aliens are not 
the enemy. I have talked with them in detention facilities along our 
southern border. Most have good intentions. But we cannot allow the 
human faces to mask the very real crisis in illegal immigration.
  For example, illegal aliens account for 40 percent of the births in 
the public hospitals of our largest State, California. These families 
then are eligible to plug into our very generous government benefit 
system. Hospitals around the country report more and more births to 
illegal aliens at greater and greater cost to the taxpayer.
  I would like to refer now to a chart and draw my colleagues' 
attention to the one that is being put on the easel right now. Over 
one-quarter of all Federal prisoners are foreign born, up from just 4 
percent in 1980. Most are illegal aliens that have been convicted of 
drug trafficking. Others, like those who bombed the World Trade Center 
in New York City or murdered the CIA employees in Virginia, have 
committed particularly heinous acts of violence.

[[Page H2380]]

Illegal aliens are 10 times more likely than Americans as a whole to 
have been convicted of a Federal crime. Think about the cost to the 
criminal justice system, including incarceration. But most of all, 
think about the cost in pain and suffering to the innocent victims and 
their families.

  Every 3 years enough illegal aliens currently enter the United States 
to populate a city the size of Dallas or Boston or San Francisco. Yet 
less than 1 percent of all illegal aliens are deported each year. 
Fraudulent documents that enable illegal aliens to become citizens can 
be bought for as little as $30. Half of the four million illegal aliens 
in the country today use fraudulent documents to wrongly obtain jobs 
and government benefits.
  To remedy these problems, this legislation doubles the number of 
border patrol agents, increases interior enforcement, expedites the 
deportation of illegal aliens, and strengthens penalties. The goal is 
to reduce illegal immigration by at least half in 5 years.
  As for legal immigration, the crisis is no less real. In its report 
to Congress, the Commission on Immigration Reform said, ``Our current 
immigration system must undergo major reform to ensure that admission 
continue to serve our national interest.''
  Before citing why major reform is needed, let me acknowledge the 
obvious. Immigrants have helped make our country great. Most immigrants 
come to work, to produce, to contribute to our communities. My home 
State of Texas has thousands of legal immigrants from Mexico. The 
service station where I pump gas is operated by a couple originally 
from Iran. The cleaners where I take my shirts is owned by immigrants 
from Korea. My daughter's college roommate is from Israel. These are 
wonderful people and the kind of immigrants we want. To know them is to 
appreciate them.
  As for those individuals in other countries who desire to come to our 
land of hope and opportunity, how could our hearts not go out to them? 
Still, America cannot absorb everyone who wants to journey here as much 
as our humanitarian instincts might argue otherwise. Immigration is not 
an entitlement. It is a distinct privilege to be conferred, keeping the 
interests of American families, workers, and taxpayers in mind.
  Unfortunately, that is not the case with our immigration policy 
today. The huge backlogs and long waits for legal immigrants drive 
illegal immigration. When a brother or sister from the Philippines, for 
example, is told they have to wait 40 years to be admitted, it does not 
take long for them to find another way. Almost half of the illegal 
aliens in the country came in on a tourist visa, overstayed their visa, 
and then failed to return home. This flagrant abuse of the immigration 
system destroys its credibility.
  Husbands and wives who are legal immigrants must wait up to 10 years 
to be united with their spouses and little children. This is inhumane 
and contrary to what we know is good for families. A record high 20 
percent of all legal immigrants now are receiving cash and noncash 
welfare benefits.
  The chart I refer to now shows that the number of immigrants applying 
for supplemental security income, which is a form of welfare, has 
increased 580 percent over 12 years. The cost of immigrants using just 
this one program plus Medicaid is $14 billion a year.
  It is sometimes said that immigrants pay more in taxes than they get 
in welfare benefits. However, taxes go for more then just welfare. They 
go toward defense, highways, the national debt, and so on. Allocating 
their taxes to all Government programs, legal immigrants cost taxpayers 
a net $25 billion a year, according to economist George Borjas. His 
study also found that unlike a generation ago, today immigrant 
households are more likely to receive welfare than native households.

  One-half of the decline in real wages among unskilled Americans 
results from competition with unskilled immigrants, according to the 
Bureau of Labor Statistics. Most adversely impacted are those in urban 
areas, particularly minorities. As the Urban Institute says, 
``Immigration reduces the weekly earnings of low-skilled African-
American workers.''
  Significantly, wage levels in high immigration States, like 
California, Texas, New York, Florida, and Arizona, have declined 
compared to wages in other States, the Economic Policy Institute 
reports. Over half of all immigrants have few skills and little 
education. They often depress wages, take jobs away from the most 
vulnerable among us, and end up living off the taxpayer. Admitting so 
many low-skilled immigrants makes absolutely no sense.
  Those who favor never-ending record levels of immigration simply are 
living in the abstract. But most Americans live in the real world. They 
know their children's classrooms are bulging. They see the crowded 
hospital emergency rooms. They sense the adverse impact of millions of 
unskilled immigrants on wages. They feel the strain of trying to pay 
more taxes and still make ends meet.
  The Immigration in the National Interest Act fixes a broken 
immigration system. With millions of immigrants backlogged, priorities 
must be set.
  I would like to point to the chart that shows to my colleagues that 
under this bill the number of extended family members is reduced in 
order to double the number of spouses and minor children admitted, 
which will cut their rate in half.
  Greater priority is also given to admitting skilled immigrants, while 
the number of unskilled immigrants is decreased. Current law, which 
holds the sponsors of immigrants financially responsible for the new 
arrivals, is better enforced. This should reverse the trend toward 
increased welfare participation.
  In short, this legislation implements the recommendations of the 
Commission on Immigration Reform, chaired by the late Barbara Jordan. 
Professor Jordan, if she was here tonight sitting in the gallery, I 
know she would be cheering us on. She also would approve of America's 
continued generosity toward immigrants. Under this bill an average of 
700,000 immigrants will be admitted each year for the next 5 years. 
This is a higher level than at least 65 of the last 70 years.
  Our approach to reducing illegal immigration and reforming legal 
immigration has attracted widespread support. Organizations as diverse 
as the National Federation of Independent Business, United We Stand 
America, the Washington Post, the Hispanic Business Round Table, and 
the Traditional Values Coalition all have endorsed our efforts.
  Most importantly, the American people are demanding immigration 
reform. I would like to point out to my colleagues on this chart that 
the vast majority of Americans, including a majority of African-
Americans and Hispanics, want us to better control immigration.
  As we begin to consider immigration reform now, remember the hard-
working families across America who worry about overcrowded schools, 
stagnant wages, drug-related crime, and heavier taxes. They are the 
ones who will bear the brunt if we do not fix a broken immigration 
system. Congress must act now to put the national interest first and 
secure our borders, protect lives, unite families, save jobs, and 
lighten the load on law-abiding taxpayers.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from California [Mr. Gallegly] who served so ably as the chairman of 
the House Task Force on Immigration Reform.
  (Mr. GALLEGLY asked and was given permission to revise and extend his 
remarks.)

                              {time}  1830

  Mr. GALLEGLY. Mr. Chairman, I rise in strong support of H.R. 2202, 
the Immigration in the National Interest Act.
  I first joined this body nearly 10 years ago, about the time I began 
talking about the need for the Federal Government to bring badly needed 
reforms to our Nation's immigration laws. Unfortunately, for many of 
those years I felt like I was talking to myself.
  That is clearly no longer the case. Immigration reform is an issue on 
the minds of nearly all Americans, and nearly all express deep 
dissatisfaction with our current system and the strong desire for 
change. Today, we begin the historic debate that will deliver that 
change. I truly believe that the bill before us represents the most 
serious and comprehensive reform of our Nation's immigration law in 
modern times. It also closely follows the recommendations of both the 
Speaker's Task Force on Immigration Reform, which I

[[Page H2381]]

chaired, and those of the Jordan Commission.
  Mr. Chairman, the primary responsibilities of any sovereign nation 
are the protection of its borders and the enforcement of its laws. For 
too long, in the area of immigration policy, we in the Federal 
Government have shirked both duties. It may have taken a while, but 
policymakers in Washington finally seem ready to acknowledge the 
devastating effects of illegal immigration on our cities and towns.
  Mr. Chairman, America is at its core a nation of immigrants. I firmly 
believe that this bill celebrates legal immigration by attacking 
illegal immigration. It restores some sense and reason to the laws that 
govern both legal and illegal immigration and ensures that those laws 
will be enforced.
  Finally, I would like to congratulate my colleague, Lamar Smith, who 
chairs the Immigration and Claims Subcommittee, for putting his heart 
and soul into this legislation. I would also like to thank him for his 
spirit of cooperation, and for welcoming the input of myself and the 
other members of the task force in crafting this bill.
  Mr. SMITH of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
  (Mr. CONYERS asked and was given permission to revise and extend his 
remarks.)
  Mr. CONYERS. Mr. Chairman, I would like the Chair to know that I 
would like to share the duties of managing this measure with the 
distinguished ranking minority member on the subcommittee, the 
gentleman from Texas [Mr. Bryant].
  Mr. Chairman, immigration policy is an important subject to African-
Americans. We know much about the lack of immigration policy and the 
consequences, and I am happy to hear that somebody somewhere consulted 
African-Americans about immigration policy. I am not sure what it was 
they found out, but I would be happy to explain this in detail as we go 
throughout the debate. I have been in touch with these Americans for 
many years.
  It is funny how we get these dichotomies. Some people that do not 
think much of our civil rights laws, who oppose the minimum wage, who 
do not have much concern about redlining, heaven forbid affirmative 
action be raised in dialogue. All of these kinds of questions that 
involve fair and equal opportunity seem to not apply when it comes to 
African-Americans, who were brought to this country against their will, 
but we have these great outpourings of sympathy along some of these 
similar lines when we are talking about bringing immigrants in. It is a 
curious set of beliefs that seem to dominate some of the people that 
are very anxious about this bill.
  Mr. Chairman, I would like to begin our discussion by raising an 
issue about ID cards, which is an amendment that will be brought 
forward by the gentleman from Florida [Mr. McCollum] which requires, as 
I understand it, every single individual in the country to obtain a 
tamper-proof Social Security card. I guess it is a form of a national 
ID card, which raises a lot of questions. This card is brought on by 
the need of tracking people that are in the country illegally, and so 
we are talking about a one or two percentile of the American public 
that would be required to carry this kind of Social Security card. It 
might be called an internal passport, which is used in some countries, 
in some regimes.
  Although there will be denials that this is not a national ID card, 
it is hard to figure out what it really is if everybody is going to be 
carrying it. There is no limitation on the use to which documents can 
be obtained such as a Social Security card, and there is little 
evidence, as I remember the hearings, to show that there would be any 
reduction of document fraud. As a matter of fact, the Social Security 
Deputy Commissioner testified that an improved Social Security card is 
only as good as the documents brought in to prove who they are in the 
first place. In other words, if a person gets a phony birth 
certificate, they can get a good Social Security card. So I am not sure 
what the logic is.
  Now, Mr. Chairman, I know balancing the budget is still first in the 
hearts of the Members of the Congress, and I am here to suggest that 
the cost for this Social Security card has been costed out at around $6 
billion. The annual personnel costs to administer the new system are 
estimated to be an additional $3.5 million annually. The business 
sector would be forced to incur significant cost to acquire machinery 
and software capable of reading the new cards, and there would be many 
hours required to operate the machinery and iron out the errors. This 
is to get 1 or 2 percent of the people in this country that are 
illegal. I suggest that this may be prohibitive and that perhaps we can 
find a more reasonable way to deal with this very serious problem.
  Mr. Chairman, may I turn the Members' attention now to the part that 
has caused quite a bit of attention in this bill, and that is how we 
would deal with the welfare provisions of people who come in to the 
country, what the requirements might be to become sponsors. In one part 
of this bill, there is a requirement that a sponsor earn more than 200 
percent of the Federal poverty income guideline to be able to execute 
an affidavit for a family member.

  The 200-percent income requirement is discriminatory class action and 
would announce that immigration is only for those that can afford 
immigration. It would require a sponsor with a family of four to 
maintain an income in excess of $35,000 to qualify as a sponsor. That 
means that 91 million people in America would not be able to be a 
sponsor of a family member for immigration. We may want to consider 
that a little bit more carefully.
  Mr. Chairman, I would also like Members to know about the 
verification system again. The employee verification system was 
discussed by the Social Security and the Immigration and Naturalization 
Service representatives who conceded that their computers do not have 
the capacity to read each other's data, which would completely foil 
their worthwhile objective. A recent study by the Immigration Service 
found a 28-percent error rate in the Social Security Administration's 
database. This verification requirement, therefore, creates huge 
possibilities for flawed information reaching employers, which would 
then deny American citizens and lawful permanent residents the 
opportunity to work. I hope that we examine this in the course of the 
time allotted us for this important program.
  Mr. Chairman, there is another provision that I should bring to 
Members' minds. It is known as immigration for the rich. I do not know 
if Malcolm Forbes had anything to do with this or not, but it reserves 
10,000 spots for those who are rich enough to spend, to start a 
multimillion-dollar business in the United States. In other words, if 
someone is rich enough, they would be able to get a place in line ahead 
of other immigrants who are waiting, that may not be able to cough up 
that kind of money.
  There is a problem that we will need to go into about what about drug 
pushers and cartel kingpins, people escaping prosecution for their home 
country; in other words, overseas criminals who might have a million 
bucks and would like the idea of getting out of wherever it is they are 
coming from. I think we need to think through this very, very 
carefully.
  Mr. Chairman, now comes one of my most unfavorite parts of this bill, 
and that is the notion that we could bring in foreign workers to 
displace American workers for any reason. Case in point, there is a 
newspaper strike in its 8th month in the city of Detroit. Knight-
Ridder-Gannett have decided to bust the unions in the newspaper 
industry. They picked the wrong city, but that was their decision. The 
fact of the matter is that at the Canadian-Detroit border, they have 
begun picking up people coming in to work for Knight-Ridder and Gannett 
who are not American citizens, nor are they legal immigrants.
  We are trying to find out, there is an investigation going on where 
they are hearing about they can get jobs by coming across international 
borders to gain employment in a company whose own employees are out on 
strike. I find that objectionable. I hope that we do not continue the 
practice.

                              {time}  1845

  We also have a situation in the H-1B employers in which we find that 
they are bringing in even skilled workers. Example: Computer graduates 
from India who are displacing American-

[[Page H2382]]

trained computer people. Serious problem, serious problem. I find this 
when unemployment is still outrageously high in the United States, 
particularly in urban centers where there are areas in which there is 
40 percent unemployment easily. So I would like to discuss and look 
more carefully at the instances in which American businesses have 
brought in foreign skilled workers after having laid off skilled 
American workers simply because the foreign workers are more 
inexpensively available.
  So this program that I refer to as the H-1B program has become a 
major means of circumventing the costs of paying skilled American 
workers or the costs of training them. That is in the bill; it is 
objectionable.
  While we are on this subject, I would like to point out, too, there 
are a number of people on the Committee on the Judiciary who believe 
bringing people into this country has no effect on the employment rates 
of people in this country; like, for instance, the more people you 
bring in that take up jobs, the fewer jobs there are for people inside 
this country.
  Mr. Chairman, it is almost like arithmetic. Bring more in, lose more 
jobs. Bring fewer in, more jobs are available. That is an immutable law 
of arithmetic that does not turn on policy about U.S. immigration 
reform.
  I would like to make it clear that this particular measure, which has 
been pointed out by the Secretary of Labor, who has urged that the 
displacement of American workers through the use of the H-1B program 
must be faced, and to do this that program must be returned to its 
original purpose, to provide temporary assistance to domestic 
businesses to fill short-term, high-skill needs. There must be a flat 
prohibition against laying off American workers and replacing them with 
foreign workers. Is that provision in this bill?
  Mr. Chairman, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I might 
consume.
  Mr. Chairman, first of all I would like to respond to some of the 
concerns that the gentleman from Michigan [Mr. Conyers] shared with us. 
Now, the first was that he was worried about the 200 percent poverty 
rate level of income that we required of sponsors of immigrants coming 
into the country. Let me just say that that provision was in the Senate 
welfare reform bill that passed 87 to 12, with large majorities of both 
Republicans and Democrats supporting that welfare reform bill.
  In addition to that, what this is trying to address is the crisis 
that we have in America today where we continue to admit people coming 
in under the sponsorship of individuals who are at the poverty level. 
So it should not surprise us that as a result of our current 
immigration law we have 20 percent of all legal immigrants, for 
instance, on welfare; it should not surprise us that the number of 
immigrants applying for supplemental security income, a form of 
welfare, has increased 580 percent over 12 years.
  That is the crisis that we are trying to address by simply saying 
someone has to be solvent before they can sponsor an immigrant coming 
into the country, when they have to say they are going to be 
financially responsible for them.
  Another concern mentioned by the gentleman from Michigan was in 
regard to the verification program. I just want to reassure him that it 
is a voluntary program that is going to be offered as a convenience to 
employers for 3 years. If it does not work, we will not continue it. 
But the important point here is that, according to the Social Security 
Administration, we have a 99.5 percent accuracy rate when all we are 
doing is checking the name and the Social Security number of someone to 
find out whether they are eligible to work. The whole point of the 
verification system, of course, is to reduce the fraudulent use of use 
of fraudulent documents, protect jobs for American citizens and legal 
immigrants already in this country, and help reduce discrimination at 
the workplace.
  The error rate that the gentleman mentioned was not an error rate. It 
is called a secondary verification rate, and sometimes it ranges from 
17 to 20 percent, as was mentioned. But this is just simply showing 
that the system works. Those are the times when there was not a person 
with the right Social Security number, and in many instances those were 
illegal aliens who should not be employed in this country.
  Lastly, the gentleman expressed concern or endorsed, which I liked, 
the free market approach to labor in this country, but I want to say to 
him that that is exactly why I drew up some of the figures I did about 
the unskilled in this country, when we continue to allow hundreds of 
thousands of individuals to gain entry to our country who do not have 
skills and do not have education. As the gentleman said, they are going 
to compete directly with our own citizens and own legal immigrants who 
are unskilled and uneducated, and that is why we see so often in the 
urban areas that wages are depressed and jobs are lost as a result.
  Mr. Chairman, I yield 3 minutes to the gentleman from Wisconsin [Mr. 
Sensenbrenner].
  Mr. SENSENBRENNER. Mr. Chairman, immigration reform, unfortunately, 
is one of those hot button issues that politicians use for their own 
purposes. However, here on the floor of the House of Representatives, 
we should not be politicians, but rather we should be legislators. It 
seems to me, we should shoulder the responsibility the Constitution 
gives us to determine what our immigration policy should be and to 
enact the laws which implement such policy.
  H.R. 2202 says our immigration policy should be ``In the National 
Interest''--that immigration should benefit the country as a whole. 
According to the Roper poll in December 1995, 83 percent of those 
polled want a reduction in all immigration and 75 percent want illegal 
aliens removed. H.R. 2202 is a step in that direction.
  President Clinton organized a Commission headed by the late Barbara 
Jordan to study our immigration policies, to see if the current system 
is working, and to make recommendations if it is not. H.R. 2202 
contains over 80 percent of those recommendations--recommendations 
which include legal and illegal immigration.
  The committee will be asked to vote later on to strike some of the 
sections on legal immigration because they, ``don't belong in a bill 
about illegal immigration.'' This bill is not about legal or illegal 
immigration, it is about our national immigration policy--immigration 
in the national interest. A national interest which is impacted by both 
legal and illegal immigration.
  Unless one supports no border or immigration control at all, then we 
have to make choices. This bill makes some of those choices. It chooses 
immediate family reunification--minor children and spouses--over 
extended family. It chooses skilled and educated workers over unskilled 
or uneducated, and reserves jobs at whatever level for those who are in 
this country legally.
  And, most importantly, it makes the policy decision that people who 
are in this country illegally are breaking the law and should leave 
without protracted litigation that can go on for years. Let us remember 
almost half the illegal aliens in this country arrive legally.
  To say that jobs, education, or taxpayer financed programs should be 
for those who are in our country legally is not ``anti-immigrant'' or 
``isolationist.'' Rather it says that the Congress is finally serious 
about regaining control of our borders. Our first priority should be 
immigration policies in the Nation's interest not special interests.
  Mr. CONYERS. Mr. Chairman, I yield myself 2 minutes.
  I wan to commend the gentleman from Texas [Mr. Smith] for alleviating 
many of my concerns. I find we have some areas in agreement, and I am 
delighted to know about them as well.
  But I would say that the gentleman is the first person that I have 
heard in a long time cite as a reason for supporting an amendment is 
that the other body approved of it. That usually gets the amendment in 
much deeper trouble than it might otherwise be in.
  Now the commission, we are trying to check, and I know Barbara Jordan 
perhaps more intimately as a colleague than anyone here since I served 
with her on the Committee on the Judiciary, and I do not know if she 
would have supported a notion that we had to means test one's family 
member to bring them in and that they had to make 200 percent of the 
poverty level to get in. In other words, I do not think

[[Page H2383]]

Barbara Jordan or myself would want to tell somebody that is making 
1\1/2\ times the poverty level that they cannot bring their children in 
because they do not make enough money. That does not sound like Barbara 
Jordan to me.
  Finally, the voluntary program that the gentleman referred to is 
voluntary to employers. It is not voluntary if someone is seeking a job 
in the place that the employer may decide to use it. So it is voluntary 
to some and involuntary to others.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, at the beginning of last year the gentleman from Texas 
[Mr. Smith], the chairman of the subcommittee, and I, in my capacity as 
ranking Democrat on the subcommittee, set about to write a commonsense 
immigration bill designated to address very real, very objectively 
provable problems with our immigration policy in the United States 
today. We set about to write a bill that did not involve Proposition 
187 hysteria from the right and did not involve unnecessarily generous 
efforts to bring in lots of other people, perhaps coming from the left. 
We set about to write a bill that dealt with real problems. We set 
about to deal with problems such as this.
  Legal immigration, and I am not talking about illegal immigration, I 
am talking about legal immigration under current law, resulted, between 
1981 and 1985, in 2.8 million people entering the country legally. Ten 
years later, between 1991 and 1995, 5.3 million people entered the 
country legally, twice as many, and these figures do not include the 
3.8 million backlog of relatives of these people who are now waiting to 
enter the country when their time comes.
  Illegal immigration in 1994 also added to the totals. In that year 
1,094,000 illegal immigrants were apprehended and deported.

                              {time}  1900

  How many succeeded in entering the country and stayed is not known, 
although most estimates agree it is about 300,000 people. The fact of 
the matter is, though, we have an enormous number of people coming into 
this county at a very rapid rate.
  The basic question that we cannot ignore, and I appeal to those 
Republicans who are paying attention to certain businesses that are 
anxious to have more folks in here so they can get cheap laborers, and 
many Democrats who are concerned about the civil libertarian impact of 
this, who are concerned about being fair to people as we have always 
done on our side; I say we cannot responsibly avoid the bottom line 
conclusion that we have a huge number of people entering the country 
legally, and a smaller number but a large number entering the country 
illegally, and it is increasing our population very rapidly.
  Perhaps the best speech in this debate has already been made on the 
rule, when the gentleman from California [Mr. Beilenson], a member of 
the Committee on Rules, observed that our current population of 263 
million people is going to reach 275 million people in 4 years, more 
than double the size of the country at the end of the World War II.
  The long-term picture of this population situation is even more 
alarming. Our Census Bureau conservatively projects, and I am reading 
from his speech, ``that our population will rise to 400 million by the 
year 2050, more than a 50 percent increase from today's level, and the 
equivalent of adding 40 cities of the size of Los Angeles,'' and so on. 
In fact, those are conservative estimates. Many demographers indicate 
we will be at 500 billion people by the year 2050.
  I would just suggest that not one Member of this body can responsibly 
stand on this floor and talk about how to have to balance the budget to 
protect future generations or how we have to maintain national security 
to protect future generations, and not at the same time recognize that 
we must manage the population growth of this country in a responsible 
way if we are going to protect future generations. That is simply too 
many people. It is a question of quantity, of low many come in here.
  Neither the gentleman from Texas [Mr. Smith], nor I harbor the 
slightest hard feelings toward those that have the courage and the 
gumption to leave home and come into this country. They are the kind of 
people with the get-up-and-go that we want. There is no question about 
that. The bottom line question, though, is how many people can we have 
come in here and still manage the country in a way that our economy 
will continue to promise in the future that people who are willing to 
work hard can get their foot on the bottom rung of the economic ladder 
and climb up into the middle class. We cannot do that with an unlimited 
number of people coming into the country year after year after year.
  Mr. Chairman, are there things about this bill that I would like to 
change? Yes, there are. We have had disagreements. There are a number 
of things that I could criticize. I do not like the fact that we did 
not, in my opinion, address the H 1(b) problem mentioned by the 
gentleman from Michigan [Mr. Conyers], in as effective a way as we 
might have. It is improved somewhat in the bill, but the fact of the 
matter is we could have done it much better.
  We could have said we are not going to let any American jobs be given 
up in order to hire folks who are imported for the purpose of taking 
their jobs. That is what my amendment would have done. I offered it in 
the Committee on Rules and they refused to let us bring it to the 
floor. We will deal with that probably on the motion to recommit.
  I do not like the diversity program. I opposed it in 1991 when it was 
put in and managed to get it cut in half in the current bill. I still 
say it is, in effect, a racist program. It is a designed to try to 
bring more white folks into the country because somebody does not like 
the number of Asians and Hispanics entering the country. I think it is 
wrong to have a program like that in the law at all, even if the bill 
cuts it in half. I have to say that, like we always do when many bills 
come up, we are going to have to go along with some things that we do 
not like in order to get a lot of things that I think we need.
  I do not agree with the investor portion of the bill either. But we 
have to agree on a bill that will reduce the quantity of people coming 
into the country. That is what we are all about here tonight. Mr. 
Chairman, I strongly urge Republicans and Democrats alike not to vote 
to sever the legal immigration changes in this bill from the illegal 
immigration changes in this bill. If we do that we are voting to kill 
our attempts to reform legal immigration. It is just that simple.
  Not a single person who is voting to sever this bill is coming 
forward saying, ``if you sever it, we will bring it back to the floor. 
We will deal with it later.'' Not one of them wants to deal with the 
question of legal immigration. On the contrary, they want to kill it 
and eliminate it from the bill.

  Think of what that would mean. After eliminating that from the bill, 
many people then will be left to march around the floor beating their 
breasts talking about how tough they are going to get on illegal 
immigration. But illegal immigration amounts to, we think, maybe 
300,000 a year; legal immigration amounts to 1 million a year. That is 
where the big numbers are. We either deal with legal immigration or we 
admit that we are not going to be serious and not going to have enough 
courage to deal with the really central problem facing this country in 
terms of the number of people that are entering. Please do not vote to 
sever illegal and legal immigration.
  Mr. Chairman, this bill was written to avoid the extremes. So far we 
have done that. If amendments that are offered, such as this foreign 
agriculture worker amendment, which neither the gentleman from Texas 
[Mr. Smith] nor I support, were to succeed, I could not continue to 
support this bill. The fact of the matter is that it is an anachronism. 
It was a bad part of our law many years ago. We in 1986 tried to 
address that problem. We ended up with amnesty and a variety of other 
remedies to solve the problem. Here we are, right back with it again. 
Please vote against these extreme amendments. Let us try to keep this 
thing in the middle of the road.
  I could speak a long time about all the things this bill does. There 
is not time in the general debate to do it. I will simply say this: I 
wish I could avoid having to deal with this subject.

[[Page H2384]]

It is so sensitive, it is so subject to mischaracterization, it is so 
subject to misinformation of people, particularly folks that have 
strong views about the needs of their own ethnic communities, and so 
easy to imply that those of us who are trying to do something about the 
quantity of immigration generally somehow have hard feelings toward 
them.
  That is not true. I think my record is strong enough over the years 
to make clear it is not true. It is not true of the gentleman from 
Texas [Mr. Smith] either. I wish I could avoid the subject. But I will 
say this: If I did avoid it and I left this House, as I am going to do 
at the end of this year, I would look back on this year and know that I 
hid from a problem that was my responsibility to solve at a time when I 
had a chance to solve it.
  I strongly urge my Democratic colleagues and my Republican colleagues 
as well to help us pass a constructive bill that deals with the 
question of the vast number of people that are coming into the country, 
the rapid increase in our population, and preserve a situation in which 
folks that are trying to get their foot on the bottom rung of the 
ladder can climb that ladder into the middle class without having to 
scramble and scrape and fight for jobs with folks that are just 
entering the country. That is really what we are all about here.
  Mr. BERMAN. Mr. Chairman, will the gentleman yield?
  Mr. BRYANT of Texas. I yield to the gentleman from California.
  Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding, and for 
all his work on this bill. Mr. Chairman, the gentleman indicated it is 
very important to get the figures accurate. I agree. I just want to 
cite for the Record that I do not think his comments on the level of 
immigration during the first 5 years of the 1990's is any where near 
the accurate figure.
  The Department of State, in a letter dated March 15, last Friday, 
responded to a series of questions that I asked, as follows. The first 
question was: ``What was the average annual immigration level for the 
period 1992 to 1995?'' The average annual immigration level, 1992 being 
the first year that the 1990 changes went into effect.
  ``By immigration level,'' I said in the question, ``I mean the total 
of all legal immigration categories, including refugees.''
  The answer that the Department of State said was, ``The annual 
average immigration level for the period 1992 to 1995, based on total 
immigrant admission figures, is about 801,000,'' not 1 million or 1\1/
4\ million, to come to a 5 million----
  Mr. BRYANT of Texas. Mr. Chairman, if I may reclaim my time, I think 
what I said was between 1991 and 1995 we had about 5 million people 
coming into the country. The gentleman's figures does not seem to 
contradict that.
  Mr. BERMAN. It does. It is substantially less than that. That would 
be an average of 1 million people a year. In 1991 it was under the old 
law, it was less. The new law, which went into effect in 1992, the 
average was 800,000. That is barely over 3 million for those 4 years. 
It is substantially less.
  I just wanted to clarify the Record. That includes, Mr. Chairman, 
refugees as well as all the other legal immigration categories. What it 
does not include are about 50,000 legalization categories, which are 
people already in this country. I just wanted to indicate that the 
Department of State, which has the most accurate records on legal 
admissions, indicates the figure is significantly less than 1 million a 
year.
  Mr. BRYANT of Texas. Of course, I would dispute that it is 
significantly less, even if those figures are accurate. We are working 
with figures that we have worked with throughout this debate that were 
brought to us by the Commission on Immigration that Barbara Jordan 
chaired.
  The bottomline figure, however, still is the same. The number of 
people who are entering the country is enormous, and the biggest number 
of people entering the country are in the category of legal immigrants.
  The gentleman is advocating, as a number of my friends are, and I 
wish they were not, that we sever legal immigration from illegal 
immigration, meaning that we leave out, if we take his figures for a 
minute, and we leave out the question of 800,000 a year, and I say a 
million, we leave out that question, but we get real tough here on 
300,000 illegal immigrants that are entering the country.
  I would just suggest that it makes no sense to omit legal 
immigration. If you are concerned about the rapid growth in our 
population, and I did point out that between 1981 and 1985 legal 
immigration was 2.8 million, and from 1991 to 1995 it was 5.3 million, 
about twice as much, and even by Mr. Berman's figures it would be a lot 
more, if not twice as much, the problem is the quantity of people. How 
can we not deal with legal immigration if we are going to look at the 
problem of quantity of people coming into the country? I say we have 
to.
  Mr. SMITH of Texas. Mr. Chairman will the gentleman yield?
  Mr. BRYANT of Texas. I yield to the gentleman from Texas.
  Mr. SMITH of Texas. Mr. Chairman, I just want to say to the gentleman 
that his figures are absolutely correct. I am reading from the chart 
put out by the INS called ``Immigration to the United States, Fiscal 
Years through 1993.'' Of course, in 1993 we had 904,000 admitted; in 
1992, 973,000 admitted; in 1991, 1.8 million; 1990, 1.5 million; 1989, 
over 1 million. The gentleman is correct, the average has been over 1 
million a year.
  Mr. BERMAN. Mr. Chairman, if the gentleman will continue to yield, 
those figures do not reflect legal admissions through the legal 
immigration system. The gentleman is lumping in the legalization 
program for people who are already here.
  The Department of State administers the granting of visas for people 
to come into this country. Their figure is the accurate figure. It is 
about 800,000. I do not want to belabor this point. There is a lot I 
can say in response, but I will wait for my own time.
  Mr. BRYANT of Texas. Mr. Chairman, I would just conclude by saying 
even if we took the gentleman from California's figures, my speech 
would be identical. I would not change a single sentence in it. We have 
to deal with this huge quantity of people. We have to deal with legal 
immigration. We cannot just talk about illegal immigrants and try to 
scapegoat them. We have to deal with legal immigrants as well.
  I would point out the politically potent groups lobby in regard to 
the legal immigrant category. The less powerful groups speak for the 
illegal immigrant category. So we are being asked to leave out the 
biggest numbers, those of legal immigration, and just pound on the 
illegal immigrants. That is, in effect, what is going on here. Let us 
deal with this subject comprehensively, both legal and illegal. I urge 
Members to support this bill, to vote against the more extreme 
amendments that might be offered, and let us do what is in the interest 
of our country.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from Florida [Mr. McCollum].
  (Mr. McCOLLUM asked and was given permission to revise and extend his 
remarks.)
  Mr. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding time 
to me.
  Mr. Chairman, I rise to strongly support H.R. 2202, the immigration 
bill before us. I have served on this subcommittee and worked with 
immigration for all the years I have been in Congress. I cannot think 
of any more important immigration legislation to pass than this bill.
  Mr. Chairman, I can testify to the fact that the legal immigration 
provisions in here are exceedingly important and exceedingly generous, 
contrary to what we might hear some other people say. With the 
exception of the period of legalization or amnesty that occurred after 
the 1986 law, the 3.5 million people that this bill would allow to come 
into this country legally over the next 5 years would be the highest 
level of legal immigration over the last 70 years. So make no mistake 
about it, this is not a restrictionist proposal that has come out of 
the committee on legal immigration.
  In fact, there are some good features about it, very important 
features. We have been skewing the legal immigration so much toward 
family reunification and so much toward preferences, such as allowing 
brothers and sisters in of those who are here legally, that we have not 
been taking in the traditional numbers of seed immigrants who have

[[Page H2385]]

special talents and skills but do not have any relatives here whom we 
should, and whom historically this country has and upon whose hard work 
we have had the great melting pot and the great energy we have had to 
make this economy and this great free market Nation of ours. So I urge 
the legal immigration provisions be maintained in the bill and be 
adopted.
  On the illegal side, the bill has great provisions in it to remedy 
defects with the asylum provisions. We have had people claiming 
political aslym wrongfully and fraudulently for years now, saying that 
they would be harmed by being sent back home for religious or political 
persecutions of some sort. As soon as they set foot in an airport they 
say the magic words and they get to stay here.
  This is wrong. They should not. There should be a summary or 
expedited exclusion process to deal with those people, especially those 
who do not make a credible claim of asylum when they first set foot off 
the plane. This bill remedies the problem, and it sets some real time 
limits for applying for political asylum.
  Last but not least, it deals with the big problem of illegal 
immigration overall. There are about 4 million illegals here today. We 
have granted legalization to about 1 million over the last 10 years. We 
have 4 million permanently residing in this country today, and we are 
adding 300,000 to 500,000 a year. That is too many to absorb and 
assimilate in the communities where they are settling. They are 
settling in very specific communities, and they are having negative 
social and cultural impacts on those communities.
  The only way to solve the illegal immigration problem is to cut the 
magnet of jobs, which is the reason they are coming. About half are 
coming as visa overstays, so no matter how many Border Patrol you put 
on the border, you cannot stop the flow of illegals here. The only way 
to do that is to make employer sanctions work. That has been a 
provision in law since 1986, that says it is illegal for an employer to 
knowingly hire an illegal alien.
  The reason that has not been working is because of fraudulent 
documents, because the employer has not been able and the Immigration 
Service has not been able to enforce that law. I am going to offer a 
very simple amendment here shortly that is going to go to that problem 
on the Social Security card, which will be one of the six cards, one of 
the six documents that we will have to choose from when you go to seek 
a job, to show that you are eligible for employment after this bill 
passes.
  I think what we need to do is simply require the Social Security 
Administration to make the Social Security card, which is the most 
counterfeited document in the country, be as secure against 
counterfeiting as the $100 bill and as proofed against fraudulent use 
as the passport. It would go a long way to cutting down on fraud and it 
would make employer sanctions work.
  Mr. BRYANT of Texas. Mr. Chairman, I yield 5 minutes to the gentleman 
from California [Mr. Berman].
  (Mr. BERMAN asked and was given permission to revise and extend his 
remarks.)

                              {time}  1915

  Mr. BERMAN. First, Mr. Chairman, I want to say both to the gentleman 
from Texas [Mr. Smith], chairman of the Subcommittee on Immigration, 
and to the gentleman from Texas [Mr. Bryant], the ranking Democrat, 
that we do have some strong differences on several aspects of this 
bill. But I think the debate undoubtedly during the next couple of days 
can get very heated on a subject which is very passionate. I just want 
to start out indicating that I have the greatest respect for both 
gentlemen from Texas. These are not Pat Buchanan clones sitting on the 
House floor that would seek to build walls around this country. Their 
proposal, while I think is much too drastic a cut in legal immigration, 
still recognizes legal immigration. I do not believe that it is 
motivated by racism or xenophobia, and I compliment both of them 
because they have become experts in the subject and believe sincerely 
in where they are coming from. We just have a fundamental difference.
  The rates of immigration as a percentage of the American population 
now are far lower than they were at any time in the 19th or early 20th 
century, far lower than they were at that particular time. The bill 
before us, we will see charts undoubtedly during the debate which will 
talk about backlog visas and other visas to try and show that the cuts 
are not severe. The fact is the cuts in legal immigration are close to 
30 to 40 percent. The backlog visas that are given for the first 5 
years or so are essentially to legalize people who are already here, 
who are protected under family unity, who came in under the 
legalization program. These are people who within the next year or two, 
in any event, will be legalized through the normal legalization process 
because they will have naturalized and be able to bring in spouses and 
minor children.
  The harshest part of this bill is it essentially ends, and I say that 
advisedly, it essentially ends the right of U.S. citizens to bring in 
adult children and parents. It also wipes out any right to bring in 
siblings notwithstanding the fact that there are so many people who 
have waited so patiently, who have followed the rules, who have 
accepted the appropriateness of following the law and waited in line. 
This just cuts them off at the knees and says, ``We don't care.''
  Why do I say the gentleman from Texas undoubtedly will agree that his 
bill wipes out the right to bring in siblings and protects no one in 
the backlog so that a person who has been waiting 15 years to come into 
this country, if his number does not come up before the effective date 
of this law, will be wiped out? But he will argue with me about parents 
and adult children. But I think if one reads the bill, he will accept 
my view of why I say this bill effectively eliminates that right.

  With respect to parents, initially the bill created no guarantee for 
parents, and the State Department came in to our subcommittee and said, 
and there has never been a bit of refutation of that, that the 
spilldown effect from spouses and minor children and the using of those 
slots would eliminate every parent from admission for the next 5 years.
  So in full committee, the chairman of the subcommittee offered an 
amendment to create a floor of 25,000. But along with that floor, the 
bill contains provisions to say that that parent has to have come in 
where he has already secured a health insurance policy and a long-term 
care insurance policy.
  I venture to say there are not 10 people in this House of 
Representatives that will have long-term health care insurance. Where 
you can possibly find it, except for being in Congress, which is not 
necessarily long-term insurance, but the fact is I do not know where 
you can find it, but if you can find it, the average cost of that kind 
of policy is $9,000 a year. With children, the exception to the flat 
ban on adult children is unmarried, never married, between the ages of 
21 and 25, if they have been claimed as a tax deduction, for which 
there are only two countries in the world in which an American citizen 
is allowed to claim a tax deduction for supporting a child abroad, 
Canada and Mexico. This bill wipes out adult children.
  There will be an amendment to correct this sponsored by the gentleman 
from Michigan [Mr. Chrysler], myself, the gentleman from Kansas [Mr. 
Brownback], the gentleman from California [Mr. Dooley], the gentleman 
from Virginia [Mr. Davis], and the gentleman from Illinois [Mr. Crane]. 
I urge the Members to look at that. Legal immigration is good for this 
country.
  I also at some other point, if there is time left in general debate 
or later on in the amendments, want to speak to the Pombo amendment 
which as we sit here and trumpet how we are going to stop illegal 
immigration, and here I am joined by my colleagues from Texas, would 
create a massive loophole for a new agricultural guest worker program 
which would flood this country with foreign guest workers at a time 
when we have a massive surplus of farm labor creating just the kind of 
job displacement that both gentlemen from Texas have spoken about.
  Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  I would like first of all, before yielding to my colleague from 
California, to put in historical context a couple of

[[Page H2386]]

statements that my friend from California [Mr. Berman] made. He 
mentioned the high immigration level at the early part of this century. 
In point of fact, in the current decade of the 1990's we will admit 
more immigrants than any other decade in this country's history. In 
fact there was a high level of immigration from about 1915 to 1924, but 
it was followed by 40 years of extremely low immigration levels. No one 
here is asking for that. In addition to that, of those individuals who 
came in in such great numbers at the turn of the century, about one-
third returned to their home country rather than staying here 
permanently.
  Also I am reminded of a quotation by John F. Kennedy, who wrote a 
book in 1958 entitled ``A Nation of Immigrants.'' He said in arguing 
for a limit on legal immigration that the reason we should have a limit 
is because we no longer need settlers to discover virgin lands and we 
no longer have an economy growing at the rate as at the early part of 
the 20th century. When John Kennedy made that statement, legal 
immigration rates were one-fifth of what they are today.
  Also in regard to the point my colleague made about the extended 
family members, what this bill does is to follow the recommendation of 
the Commission on Immigration Reform, which said when we have millions 
of people waiting to come in and the waits are decades long, we have to 
set priorities. The priority we chose and the priority other 
commissions have recommended is to put the interest of the close family 
members first. In other words, the reason we have reduced or eliminated 
the extended family members is to make more room for the close family 
members. If the choice is between admitting a 6-year-old daughter or a 
60-year-old brother, we think the choice should be with the minor 
child. We make no apologies for that. We think that is in the best 
interests of the family and the best interests of the country.
  Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. 
Cunningham].
  Mr. CUNNINGHAM. Mr. Chairman, I support the proposition that we not 
separate illegal immigration from legal immigration in this bill, but I 
think when we speak about them that it is very important to 
differentiate between the two.
  I would like to speak primarily to the education problems that we 
have in the State of California, and Members can also relate them to 
their States, especially the border States. In California, we have over 
800,000 illegals, kindergarten through 12th grade. Let us just take 
half of that. Take 400,000, half, so that the numbers cannot be 
disputed. It takes about $5,000 to educate a child per year. Take that 
times 400,000. That is $2 billion per year. Take a 10-year period, we 
are talking about $20 billion out of the coffers of Sacramento for our 
school systems.
  Take the school meals program, 185 percent below poverty level times 
400,000, at $1.90 a meal, that is $1.2 million a day for illegals in 
the California school system. That is just two meals. That is not three 
that they quality for.
  The increased burden on the school systems of separate bilingual 
education and social services for the poor is billions of dollars out 
of Governor Wilson's budget. We have between 16 and 18,000 illegals in 
our California Federal prison system, in the California State prison 
system. It costs about $25,000 each to house them. We talk about 
sometimes building more prisons than we do schools. There would be a 
lot of room at the end of the prisons, maybe we could build more 
schools, if we did not have those illegal felons in our prison system.

  I take a look at the burden on California hospitals. ``20/20'' and 
``60 Minutes'' did a report, the problem was so bad in the border 
States, they did specials on TV where a large percentage, over 50 
percent, of the children born in Los Angeles and California hospitals 
are illegal aliens. Those children then become American citizens and 
then are burdens on society.
  I take a look at teacher strikes, classrooms that are not upgraded, 
and cut programs, and college programs, increased tuitions. We would 
have billions of dollars to spend if we could handle just the illegal 
situation.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from Pennsylvania [Mr. Gekas], who is a member of the Committee on the 
Judiciary.
  (Mr. GEKAS asked and was given permission to revise and extend his 
remarks.)
  Mr. GEKAS. Mr. Chairman, I thank the gentleman for yielding me the 
time.
  Mr. Chairman, I come to this debate with a tremendous prejudice which 
is born of the fact that I am a son of immigrants and the cousin of 
immigrants and the nephew of immigrants and distant relative to many 
immigrants. One would believe at the outset that I would be supporting 
any measure to retain the present system of legal immigration and allow 
all people who want to come to our Nation to safely arrive and begin to 
become American citizens. That prejudice I must set aside in the 
greater good of our country, and as a responsible public official, 
which I deem myself to be, I know that the time has come that we must 
do something about the total number of individuals who live in our 
country, or who will be coming into our country. So I am willing to set 
that prejudice aside for the time being for the purposes of this 
debate, not just for the time being but for a final conclusion of a 
bill that will do something about the sheer weight of numbers that we 
have of people in this country.
  The other prejudice I have, I must confess, is in favor of the bill 
as it came out of the Committee on the Judiciary. Why am I prejudiced 
in favor of the bill? It does seek to do exactly what I feel must be 
done, namely, to corral the gigantic numbers that we can foresee as 
future residents of our country; to lasso that in so we can control it 
better is a proper policy target for the Congress of the United States. 
And so I come to the floor eager, prejudiced against trying to change 
anything that is in the bill, partly because the chairman of the 
subcommittee very graciously accommodated many of us when we attempted 
in committee and succeeded to negotiate with him amelioratory changes 
that came a long way toward meeting numbers of concerns.
  So where are we? I am willing to set aside the prejudice that I have 
as a son of immigrants and I am willing to set aside the prejudice that 
I have that this is a bill that should be passed unchanged. I know that 
we have concerns. I have met some people in the corridors and in the 
offices all day today concerned about the unification features of the 
quotas, who are concerned about verification by employers, who are 
concerned about a great number of things. But one thing we must all 
agree, we should not allow the separation of the issues of legal and 
illegal immigration because we are dealing with one great number, and 
it is that number which we must fashion best for our Nation.

                              {time}  1930

  Mr. BRYANT of Texas. Mr. Chairman, I yield 4\1/2\ minutes to the 
gentleman from California [Mr. Becerra].
  Mr. BECERRA. Mr. Chairman, let me commence by doing the same thing I 
did during the debate on the rule, and that is, of course, to 
acknowledge the work of the chairman of the subcommittee, the gentleman 
from Texas [Mr. Smith]. I will echo the words of the gentleman from 
California [Mr. Berman] in saying that I think Mr. Smith worked as 
faithfully and as honestly as he could to try to craft a bill that 
could come to the floor and get the vote of every Member of this House, 
and I am proud to have been able to work with him.
  I must, unfortunately, still say I oppose the bill for a number of 
reasons. I do not believe, unfortunately, that what we have before us 
is a bill that really does reform, in a meaningful way, legal 
immigration. And I believe that we have gone beyond the realm of 
reasonableness on the issue of illegal immigration. Let me touch on 
some of those matters.
  First, as much as this Congress likes to talk about being family 
friendly and believing in family values, this bill will ultimately 
break up families. When you consider as distant relatives within this 
bill a child of a U.S. citizen or a parent of a U.S. citizen, or a 
brother or sister of a U.S. citizen, I think you have gone astray. But 
this bill does exactly that. When you tell a refugee, someone who has 
had to flee a country

[[Page H2387]]

in fear of death, that they have a very limited time period within 
which to make that claim for refuge to the United States and that they 
lose all chance of being able to prove a claim that they are trying to 
escape death or persecution, we have lost the great meaning of the 
Statue of Liberty.
  Then the bill tells American workers in two respects something very 
onerous: First, we are in this bill going to preserve and protect 
businesses, but workers, no--because there is great pressure right now 
for this bill to be amended to help businesses continue to be able to 
bring in foreign workers, especially those with substantial skills.
  I do not object to that. But I do object to the fact that political 
pressure is probably going to help certain interests gain something in 
this bill while other interests--families, citizens trying to bring in 
their relatives, their children--will not gain anything.
  But perhaps the most onerous provision in this bill is the one that 
says that growers in our agricultural sector can bring in upwards of 
250,000 foreign temporary workers--import workers--just in the first 
year alone to do the work that we have thousands, if not millions, of 
Americans prepared to do who are unemployed a good portion of the year, 
but willing to do. That, I believe, is a sin against America's workers 
who are saying, ``I am ready and willing to work.'' But we have before 
us a proposal in this bill that would say exactly that: Let us import 
at least 250,000 foreigners temporarily.
  Then we have the issue of the problem of undocumented immigration. 
And we find in this bill that perhaps the greatest source of 
undocumented immigration, those who come into this country legally 
through some visa--a visitor's visa, a student visa--and then stay 
beyond their time, that they are permitted into the country and then 
become undocumented because their visas expire and they no longer have 
a right to be here. Those individuals can continue to come in, and we 
do nothing in this bill to try to prevent that.
  Yet, we are being very harsh by telling a young child who probably 
had no say whatsoever in what his or her parent would do in coming over 
into this country, across the border, that that child will no longer be 
educated even though there is a Supreme Court decision saying children 
should not pay for the sins of their parents and they are entitled to 
be educated.
  Who are the winners, and who are the losers? Well, I have mentioned a 
few. Let me mention a couple more. The Federal Treasury and the IRS, 
because in this bill we are telling legal immigrants they must pay 
taxes, abide by our laws, in fact, even pay the greatest sacrifice of 
serving this country in time of war, yet they will not be able to 
receive services provided by the Federal Government. Why? Well, because 
they are not yet citizens. So they cannot vote, and most of these folks 
probably do not give a lot of money to political campaigns. So there is 
no political risk in going after these folks. I think that is perhaps 
one of the most onerous things about this debate. That is the one issue 
that probably will get the fewest votes on behalf of immigrants, 
because, you know what, there is no support in this House for legal 
immigrants because there is no need to support someone who works hard, 
is law-abiding, church-going, starts up a business more often than a 
native-born U.S. citizen--the studies tell us that--works longer hours 
than most citizens do, is healthier than most citizens, has a longer 
life span than U.S. citizens--because they do not have some of the 
unhealthy habits that most citizens grow up with--but can't vote. Yet 
we are telling them pay your taxes and be ready to fight for this 
country in time of war, but yet if you should by some chance lose a 
job, you will not have access to the services U.S. citizens have. The 
only distinction you have compared to another American is you have not 
yet been able to become a U.S. citizen.
  I think that is so egregious. I believe the Statue of Liberty and 
everything this country has stood for in its Constitution is being 
abrogated as we go this last step of telling folks who are legally 
here, we want your money but we do not want you to be able to take part 
fully in American life as those who reside in this country as citizens.
  I would oppose this bill for that and a number of other reasons which 
I have not had an opportunity to discuss.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from California [Mr. Baker].
  Mr. BAKER of California. Mr. Chairman, just to correct a couple of 
facts of the gentleman from California [Mr. Becerra]. The guest worker 
program is out of this bill. The gentleman from Texas [Mr. Bryant] said 
it. The gentleman from Texas [Mr. Smith] said it. There is no specter 
of some big corporation with campaign contributions driving this bill.
  Second, minor children up to 21, children who are students up to 25 
are allowed in this country. Do not talk about how we are keeping kids 
out, because someone is coming in to get a job.
  I would like to debate the guest worker program. I do not think they 
are standing in line to get a job picking fruit in California. We have 
a shortage of people who want to work.
  This bill is long overdue. I rise today in strong support of H.R. 
2202, a bill that will take back our borders, save taxpayers billions, 
and protect jobs for American workers.
  My home State of California is being hit hard by the effects of 
illegal immigration. Approximately one-half the estimated 3 million 
illegal aliens in the United States reside in California--200,000 new 
illegals enter California every year. Forty percent of all the births, 
as the gentleman from California [Mr. Cunningham] said, in southern 
California public hospitals are to illegal aliens. What is the price 
tag for this tidal wave? It is about $3 billion. Education, $1 billion. 
Emergency health care, $650 million. Imprisonment, anywhere from $350 
million to $500 million for the 16,500 prisoners we have in our State 
prison system, enough to build 3 new prisons.
  As we call on States to take greater responsibility for social 
programs, we must stop the endless flow of illegal migrants who come to 
this Nation to take unfair advantage of taxpayer-funded assistance. As 
a member of the task force on illegal immigration, I am committed to 
finding effective solutions to our illegal immigration crisis. H.R. 
2202 has implemented the guidelines included in this task force report. 
I commend the chairman, the gentleman from Texas, Mr. Lamar Smith, and 
the ranking minority member, the gentleman from Texas, Mr. Bryant, for 
their good work on this legislation.
  H.R. 2202 will reduce the opportunity for illegal aliens to take 
American jobs. H.R. 2202 reduces from 29 to 6 the number of acceptable 
documents to establish employment eligibility. Further, worker 
eligibility verification pilot programs in California and other States 
will be implemented. Employers will be able to verify status of 
potential workers with a system as simple as a phone call.
  The bill provides streamlined deportation guidelines, creates 
tracking systems to prevent visa overstays and enhances the Federal 
role in illegal alien document fraud and smuggling.
  Mr. Chairman, H.R. 2202 will help reduce illegal immigration by up to 
50 percent in 5 years. It doubles the number of border patrol agents 
over 5 years, increases funding for technologies that will let border 
forces hold the line against the stream of illegal immigration into 
California. Nationwide applications for welfare among immigrants have 
increased 580 percent in the last 14 years.
  H.R. 2202 prevents illegal aliens from receiving public benefits, 
saving us $25 billion. It is clear that, as sound as these provisions 
are, the illegal immigration crisis in this Nation will not end unless 
we address core principles of illegal immigration. Do not allow them to 
split this vote. The bill eliminates billions spent on benefits that do 
nothing more than entice illegal aliens into the United States.
  I ask for an ``aye'' vote.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the 
gentlewoman from New Jersey [Mrs. Roukema].
  (Mrs. ROUKEMA asked and was given permission to revise and extend her 
remarks.)
  Mrs. ROUKEMA. Mr. Chairman, I rise in strong support of this 
legislation.
  I would first off like to congratulate the chairman of the 
Immigration Subcommittee, Congressman Smith and Congressman Elton 
Gallegly for

[[Page H2388]]

their perseverance and diligence in seeing this legislation through. 
The gentleman from Texas has worked extremely hard to accommodate 
differing views and in doing so has crafted the kind of immigration 
reform legislation that this country so desperately needs. And 
Congressman Gallegly has put equal efforts and leadership in the 
bipartisan immigration task force on which I served.
  H.R. 2202 is a tough bill, and it should be. And, it recognizes the 
most important truth to immigration--that legal and illegal immigration 
cannot be separated. Without addressing the deficiencies in our current 
legal immigration system, we will forever be unable to stem the flow of 
illegal immigration. Plain and simple.
  I would also like to take this opportunity to commend our colleague 
from California, Congressman Gallegly, the chairman of the bipartisan 
task force on immigration reform. As a member of this task force, I had 
the privilege of working with him to investigate and propose solutions 
to our out of control illegal immigration problem which make up most of 
this bill's illegal immigration provisions.
  This legislation could be known as the law is the law bill. No open 
borders.
  As we all know too well, illegal immigration in this country is out 
of control. Every year an estimated 400,000 new illegal aliens appear 
throughout the country adding to the over 3.2 million already here. 
However, what many people do not realize is that only half of these 
illegal aliens enter at our borders. The other half comes from those 
who are legally admitted but who overstay temporary visas, namely 
student, tourist, and business visas. This is one of the main reason's 
that we must tackle the issues of illegal and legal immigration reform 
together.
  Illegal immigration brings with it many costs to the taxpayer: The 
cost in jobs, the cost in welfare, health care, education, and other 
benefits, and the cost in street crime. New Jersey alone accounts for 
almost 5 percent of the Nation's illegal alien population. These 
125,000 undocumented immigrants cost New Jersey taxpayers an estimated 
$160 million annually for public education, incarceration, and Medicaid 
services alone.
  H.R. 2202 says enough is enough. Illegal aliens will no longer 
receive any of these benefits, except for certain emergency medical and 
nutrition services. Our Nation is faced with an almost $5 trillion debt 
and annual $200 million deficits. Our limited funds should be spent on 
law-abiding citizens and taxpayers. Period.

  The bottom line is that for too long we have not been enforcing our 
own laws which prohibit illegal aliens from permanent entry into the 
United States nor have we made enough effort to address reforms to 
enforce these laws.
  Well, H.R. 2202 finally takes the steps necessary to enforce these 
very laws. Among other things, this legislation strengthens control of 
our borders by: Increasing the amount of border patrol agents by 1,000 
for the next 5 years, increasing the number of INS officials at ports 
of entry, acquiring sophisticated alien tracking equipment, issuing 
border crossing cards, and using closed military bases to detain 
illegal aliens. It also increases enforcement and penalties against 
alien smugglers and those engaged in document fraud.
  Most importantly, this bill streamlines and expedites procedures for 
deporting and excluding illegal aliens. Persons making legitimate 
claims of asylum must get one hearing and one appeal--no more endless 
delays, appeals, and readjudication of immigration cases.
  Under H.R. 2202, those who do not have proper documentation can be 
removed without further hearing or review. A second important reform 
requires aliens to apply for asylum within 30 days of arriving at a 
port of entry. If an alien applies for asylum and is found to have no 
credible fear of persecution, he can be removed without administrative 
review. Finally, an alien will undergo a single removal hearing taking 
place 10 days from his notification. He is entitled to one appeal only 
and, if he does not show up, then he can be removed.
  But, I strongly believe that we must go even further than this. We 
must make it very clear to illegal aliens that they can't keep breaking 
our laws. That is why I will be joining my colleague from Washington, 
Congressman Tate, to support a one strike and your out system for 
illegal aliens who are caught and deported.
  The bottom line is that we will never have the necessary money, 
resources, and manpower to end all illegal immigration. Illegal aliens 
are not only costing Americans in low-wage jobs, but they are costing 
the American taxpayer tens of billions of dollars in social services as 
well of tens of billions of dollars in enforcement and monitoring 
costs. This is money that should be going to improve the lives of 
American families--it should not be wasted on those who choose to break 
out laws. And, if they choose to break our laws, then they have to play 
by our rules. If you want to play the game of chance, then you have to 
be willing to pay the ultimate price. You can't come back again.

  We have a commitment to all those people who are waiting months, 
years, some up to 10 years, to come to this country legally. Just as my 
grandparents waited legally to get in here, and just as my husband's 
parents waited legally to get in here, we must enforce the law.
  At the same time, we must recognize that there is not enough room in 
the United States to continue an open-ended legal immigration policy 
when we are presently unable to assimilate those already here.
  However, this country should not and will not deny its great 
tradition of the melting pot. No one will argue that immigrants have 
formed the backbone of our country. Immigrants from all over the world 
have helped make this great Nation what it is today. But, that does not 
mean that the current system is not in need of substantial reform. It 
is. No one would propose an open border policy, but that is in essence 
the practice today because our laws are so inadequate.
  As many of you know, the problems with legal immigration date back to 
1986 when Congress passed the Immigration Reform and Control Act. I 
voted against this legislation which gave lawful permanent resident 
status to 2.7 million illegal aliens. What this also did was afford 
them the benefit to petition for relatives under the family preference 
system. This has had the effect of pushing back many of those who had 
legally waited for their turn to enter the United States. They played 
by the rules but they still lost out.
  In 1990, Congress enacted the first comprehensive reform of legal 
immigration since 1965. Family and employment-based preferences were 
separated and employment-based preferences almost tripled from 54,000 
to 140,000. Moreover, there were no longer limits on family related 
categories for immediate relatives--spouses, unmarried minor children, 
and parents.
  Consequently, we witnessed an annual influx of 700,000 legal 
immigrants until 1990 and an influx of almost 1 million legal 
immigrants every year since. Not only have States been unable to 
accommodate the huge numbers of legal immigrants coming to the United 
States in recent years, but more than 80 percent of them are low 
skilled and uneducated. Unfortunately, this is a problem that we cannot 
work around.
  Therefore, we must reduce legal immigration to a level that our 
country can absorb while recognizing that the admission of certain 
groups of legal immigrants, particularly nuclear-family members and 
those with high skills/education, are in the best interest of American 
families, American businesses, and the American economy.

  In New Jersey our foreign-born population reached 13.5 percent in 
1994, our highest level since 1940. One can certainly recognize why the 
last surge in legal immigration took place 55 years ago--our country 
was becoming more and more industrialized, and many more jobs were to 
be found. But, in this current economic climate of corporate 
downsizing/mergers, technological advancement, and free trade, State's 
such as New Jersey cannot absorb large numbers of people from overseas.
  If we set aside shear numbers and focus on the low skill/education 
level of many legal immigrants eligible to come to the United States, 
the impact is even greater. In the New York/New Jersey region 40 
percent of foreign-born residents do not have high school diplomas, and 
10 percent are unemployed, far greater than the 4.5 to 6.5 percent that 
the rest of the Nation has experienced the last few years. In New 
Jersey

[[Page H2389]]

alone, 26 percent of all foreign-born residents are at the highest 
poverty level.
  The low skills/education of many legal immigrants being admitted to 
the United States has devastating consequences. These individuals drain 
money from our social service system in the form of public benefits. In 
fact, they receive $25 billion more in benefits than they pay in taxes. 
An even more startling fact is that SSI for legal immigrants has 
increased by 580 percent in the past 12 years. We just cannot afford to 
continue to provide unlimited services when our own citizens are living 
below the poverty level, without health care, without jobs.
  That is why, for the first time, H.R. 2202 would make a sponsor's 
affidavit of support for a legal alien legally binding. This means that 
a sponsor's income and resources must now be taken into account when 
determining a legal alien's eligibility for the most public benefits. 
No longer will a legal alien be able to come to the United States and 
live off of our welfare system without the sponsors being held 
accountable. If an alien ends up becoming a public charge, by receiving 
12 months of welfare benefits within 7 years of arrival, he could be 
deported. And, prospective sponsors must show that they could support 
both themselves and the sponsored immigrant at a minimum of twice the 
poverty level.
  The admission of low skill/educated legal aliens has also resulted in 
50 percent decline in real wages for high school dropouts. With fewer 
low wage and service jobs available, high school dropouts already 
living in the United States are having to compete with legal 
immigrants--who might be willing to accept lower wages because the 
wages are still far better than what they would have received in their 
home country. Consequently, with more people looking for work, 
employers can lower wages and still know that their work will get done.

  H.R. 2202 ends the low-skilled preference program in order to keep 
more low wage jobs available for those without/with only high school 
diplomas without expanding our welfare system. At the same time, this 
legislation also recognizes that highly skilled/educated foreigners are 
invaluable in making American companies more globally competitive, and 
that their contributions will only create more jobs for Americans in 
the future.
  But, in order to make sure that employers are playing by the rules, 
there must be guidelines and enforcement mechanisms in place. While 
this legislation helps to protect American workers from being replaced 
by temporary foreign workers--the H-1B temporary visa program--it does 
not go far enough in making sure that employers don't hire illegal 
aliens/unauthorized workers to cut costs. Just as we require illegal 
and legal aliens to abide by the law, so too much employers.
  The original legislation, as passed by the Judiciary Committee, 
contained a worker phone verification pilot program under which 
employers in the five States with the highest number of illegal aliens 
would be required to verify the eligibility of a prospective employee 
with their Social Security number. The purpose of the system was to 
make it easier for employers who continue to struggle understanding the 
employer enforcement requirements of the Immigration Reform and Control 
Act of 1986 [IRCA].
  Under IRCA, employer sanctions are imposed on any employer who 
knowingly hires an illegal alien unauthorized to work in the United 
States. Employers are required to verify eligibility and identity by 
examining up to 29 documents and completing an INS I-9 form. In 
enforcing these measures, employers are allowed a good faith defense 
and are not liable for verifying the validity of any documents, but 
instead are only responsible for determining if the documents appear to 
be genuine.
  However, increased numbers of fraudulent documents--Social Security 
cards, birth certificates, green cards, and work authorization cards--
have made it difficult for employers to weed out illegal aliens. And, 
INS has been more concerned with sanctioning employers for paperwork 
violations, such as incorrectly completing I-9 forms, than with helping 
employers expose counterfeit documents and unauthorized/illegal 
workers.
  Although H.R. 2202 importantly reduces the number of allowable 
documents from 29 to 6, significantly decreasing an employer's 
paperwork burden, it has changed the five State mandatory pilot program 
into an all-voluntary one. Opponents of the pilot claim that it will 
give the Federal Government the power to decide who works for whom. In 
addition, they fear that informational mistakes made by the computer 
system could either be used against an employer as evidence of hiring 
an illegal alien or could be used against a prospective employee as 
evidence of discrimination.

  In fact, under this program, an employer is provided with a good 
faith defense shielding him from liability based on the confirmation 
number he receives after verifying an employee's social security 
number. And, if an employee is not offered a position because of faulty 
information which cannot be resolved within a 10-day period, than he is 
entitled to compensation under existing Federal law. Southern 
California has in place a similar pilot program that began with 220 
employers. After 2,500 separate verifications and a 99.9 percent rate 
of effectiveness, it is now being used by almost 1,000 businesses.
  That is why I will be supporting the Gallegly-Bilbray amendment to 
reinstate the mandatory pilot program. The purpose of the program is to 
make it easier for employers to verify the work eligibility of 
prospective employees. It will help to prevent confusion over 
documents, alleviate concerns about hiring someone who looks like he is 
illegal, and hold employers accountable for their hiring decisions. 
Without such a mandatory system, unscrupulous employers will continue 
to knowingly employ illegal aliens. And this is the end to the means 
for the 400,000 illegal aliens who enter our country every year. As 
long as the jobs are there, and someone is willing to hire them to do 
the work, they will always keep coming.
  I deeply regret and am grieved to say that the business community is 
seeking low paid workers and feeding the immigration crisis. I implore 
the business community--make this good faith effort with us. Be part of 
the solution, not part of the problem.
  Finally, because current law prevents us from denying one particular 
costly service to illegal aliens, public education, I will be 
supporting Congressman Gallegly's amendment giving States the option to 
deny public education to the children of illegal aliens. In 1982, the 
Supreme Court ruled that under the 14th amendment the children of 
illegal aliens cannot be denied a public elementary and secondary 
education. However, last November a Federal district judge in 
California ruled against Proposition 187 saying that only the Federal 
Government has the authority to regulate immigration.
  Congressman Gallegly's amendment is consistent with this most recent 
ruling. Through congressional action, each State can decide whether or 
not it wants to divert resources away from educating the children of 
its hard-working taxpayers. In the case of New Jersey, this would mean 
having an additional $150 million available to improve public education 
for the State's children of citizens and legal permanent residents.
  For all of the reasons mentioned, I hope all my colleagues will 
support this legislation. Congressman Smith has made an extremely 
complex bill look easy. H.R. 2202 contains virtually all of the 
ingredients needed to fix the myriad problems of our current 
immigration system. These are commonsense reforms which recognize that, 
although substantial differences exist between legal and illegal 
immigration, they cannot be separated from one another.
  Removing the legal immigration provisions would be like passing an 
anti-terrorism bill without the ability to designate groups as 
terrorist. Well, we have already done that, so let us not do it again. 
Do not take the teeth out of this bill.
  Support all of H.R. 2202.
  Mr. BRYANT of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from Texas [Mr. Stenholm].
  (Mr. STENHOLM asked and was given permission to revise and extend his 
remarks.)
  Mr. STENHOLM. Mr. Chairman, I rise in strong support in H.R. 2202, 
the Immigration in the National Interest Act.

[[Page H2390]]

  I am a strong supporter of both illegal and legal immigration reform 
and I am gratified to have the opportunity to debate this important 
matter on the floor of the House. But before I continue, I would be 
remiss if I did not commend Lamar Smith and John Bryant, chairman and 
ranking member of the Subcommittee on Immigration and Claims, for the 
leadership they have shown on this issue. Our Nation is in dire need of 
comprehensive immigration reform and I thank them for taking on this 
difficult task.
  We are all aware of the tremendous strain that the massive inflow of 
illegal aliens is having on Texas and other border States. Illegal 
aliens and criminal aliens are having a significant impact on State 
services, such as health care, public safety, education, and criminal 
justice.
  However, in addition to combating illegal immigration, I believe that 
we must also address legal immigration in a fair manner. I am not 
opposed to immigrants coming to America seeking a better life, for I am 
a descendent of Swedish immigrants. And while I believe that the 
majority of immigrants have made, and continue to make, significant 
contributions to our society, I oppose increasing immigration levels 
until we control the overwhelming number of illegal aliens coming into 
our country.

  In order to combat and deter illegal immigration, H.R. 2202 steps up 
both border security and interior enforcement. Increased manpower, 
technology, equipment, and physical barriers will help to provide the 
Immigration and Naturalization Service [INS] with the tools they need 
to control our borders.
  Additionally, the bill removes the incentives, such as jobs and 
public benefits, that encourage illegal immigration. This bill 
specifies that illegal aliens are denied public benefits, makes 
enforceable the grounds for denying entry or removing aliens who are or 
are likely to become a public charge, and makes those who agree to 
sponsor immigrants legally responsible to support them.
  This bill also enhances enforcement and penalties against alien 
smuggling, document fraud, and passport and visa offenses, as well as, 
reforms rules and procedures to make it easier to remove illegal aliens 
from the United States.
  In terms of enforcement, one of the most important things we can do 
is to create a worker verification system. H.R. 2202 includes a 
voluntary pilot program in five of the seven States with the highest 
populations of illegal aliens to test an employment eligibility 
confirmation system. During House consideration of this bill, 
Representative Elton Gallegly will offer an amendment to make this 
pilot program mandatory. I believe this amendment is critical to making 
immigration reform successful and will vigorously support it. If we do 
not have some type of worker verification system in place we will never 
have a serious opportunity to combat illegal immigration.
  In addition to worker verification, Representative Bill McCollum's 
amendment, which directs the Commissioner of the Social Security 
Administration to make necessary improvements in the Social Security 
card to secure it against counterfeiting and fraudulent use, will make 
great strides in eliminating the magnet that draws illegal immigrants 
to our country--jobs. I firmly believe that in order to control our 
illegal immigration problem we must secure identification documents 
against counterfeiting. Without worker verification and secure 
documentation, much of what we are proposing here today will be 
difficult to enforce. I urge my colleagues to support these vital 
amendments, and support this comprehensive reform package on final 
passage.

                              {time}  1945

  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from Georgia [Mr. Deal].
  Mr. DEAL of Georgia. Mr. Chairman, I thank the gentleman for yielding 
me time.
  Mr. Chairman, as citizens of the United States, we have always taken 
pride in the fact that we are a nation of laws and not of men. When any 
law is ignored or intentionally and openly violated, It undermines 
respect for this concept of a government of laws.
  No area of Federal law has been more flagrantly violated than our 
immigration laws. As a result, almost every community in this Nation 
has felt the impact of these violations. The increased costs of 
indigent care in our hospitals and emergency rooms, and the rise in 
property taxes to pay for education costs and social benefits are but a 
few of the costs associated with the violations of our immigration 
laws.
  At a time when we are struggling to provide health care, education, 
and social services to our own citizens, we cannot justify the 
depletion of our tax dollars for those who are illegally in our 
country. The public is correct in demanding that we act to stop these 
abuses. In my congressional district, Dalton and Whitfield County, GA 
have acted to form the first joint local-Federal task force on illegal 
immigration. But it is our job to act on this legislation, since the 
enforcement of immigration laws is the exclusive responsibility of the 
Federal Government.
  I rise to support this bill. Our current system is broken and needs 
to be fixed. The double magnets of jobs and social benefits are drawing 
illegal immigrants at unprecedented levels. We must not continue to 
reward those who break our laws. To do so cheapens our citizenship, 
fosters disrespect for our laws, and undermines our system of 
government.
  It is time to pass meaningful immigration reform. I urge Members to 
support H.R. 2202.
  Mr. BRYANT of Texas. Mr. Chairman, I yield 4\1/2\ minutes to the 
gentleman from New York [Mr. Nadler].
  Mr. NADLER. Mr. Chairman, today we take up a massive bill to 
radically alter our Nation's immigration laws in a way that is more 
responsive to hysteria and prejudice than to reason and fact.
  Let there be no mistake: This Nation has every right and obligation 
to control our borders and to enforce our immigration laws. But absurd 
boondoggles, like building a giant fence, mindless cruelty, like 
sending legitimate refugees back to be murdered or tortured by their 
oppressors, and good old-fashioned Xenophobia, have nothing to do with 
legitimate protection of our borders.
  Immigration has not destroyed this country. New arrivals have long 
contributed to the social fabric and economic vitality of our 
communities.
  There are some things we should be doing to make life better for all 
Americans, like strengthening our worker protections laws, or cracking 
down on abuses of some of the employment-based visa programs. But the 
majority apparently has no interest in helping working people, only in 
setting people against each other.
  At the very leagues we need to split this bill, as the Senate has 
done, and not mix legal with illegal immigration issues. That is a 
fundamentally important step to take so we can debate the issues 
properly.
  I had planned to offer two amendments today which would have 
mitigated some of the most unfair, unjust, and downright un-American 
provisions of this bill. My amendments were good faith attempts to 
address the concerns that led the authors of this bill to write those 
provisions, but would have avoided some of the injustices those 
provisions will inevitably bring about. Unfortunately, the majority did 
not see fit to allow these amendments to be debated or voted upon on 
the House floor.
  One of the these amendments would have changed the so-called 
expedited exclusion provision of this legislation. Under this bill, if 
someone comes to this country with improper documents, gets off at the 
airport without valid documents or with improper documents or no 
documents, he is to be examined on the spot by an immigration officer, 
by the fellow at the table, 10 minutes, 15 minutes, and that follow, 
who is expected to know in detail the political situation, the racial 
situation, the war or not situation in every country in the world, will 
decide on the spot whether he has established the right to asylum based 
on showing a legitimate fear of persecution if he goes back 
home, without an opportunity for a lawyer, perhaps not speaking 
English, without an opportunity to get witnesses, without an 
opportunity to collect documents, without any opportunity. The appeal 
from a negative decision would go to the supervisor on

[[Page H2391]]

the spot, and then he would be sent right back.

  Now, if you think about it, this is exactly backward. The people who 
are most in need of political asylum, who are most likely to be 
tortured or murdered if they are sent back, are the people who fled 
from a tyrannical foreign government, who fled under the guns of the 
East German border guards, or fled from the gestapo or the KGB or the 
Savak or whatever secret police there are in other countries around the 
world today.
  They are precisely the people who are not going to have proper 
documents, duly stamped, notarized and cross-signed by the gestapo or 
the KGB or the Savak or by whatever secret police in a separate 
country. They are the ones we are going to be selecting here to send 
right back.
  My amendment, which unfortunately is not going to be heard on the 
floor today, would have provided some basic due process, one hearing, 
one appeal, one opportunity, but a real opportunity for them to show 
the evidence and have an opportunity to show the reality if it is true 
they would be persecuted back home. Instead, we are negating that 
altogether for the most endangered people.
  The second amendment would have said that the procedure for 
expelling, for deporting alien terrorists, people the prosecution 
believes are terrorists, would have had some basic due process.
  Under this bill, as under a provision taken out of the terrorist 
bill, if someone is an alien, has been here 35 years, not a citizen, an 
alien, and the Government thinks he is a terrorist, there is a hearing 
before a judge. But you can use secret evidence. You can use secret 
evidence without any opportunity to reply, without a summary that gives 
him the opportunity to make as good a defense as if you did not. And if 
even that is too dangerous in the opinion of the prosecution, you can 
use the evidence even without a summary.
  In other words, someone can be hauled before a court and say ``We 
won't tell you what group you allegedly belong to, we won't tell you 
what we think you did, we won't tell you who is accusing you, we won't 
tell you what the evidence is, we won't tell you who the witnesses are; 
go defend yourself.'' Obviously unconstitutional, totally un-American.
  At least we should have used the provisions of the Classified 
Intelligence Procedure Act, which gives basic due process to people we 
think are atomic spies or Mafia kingpins. That would have given some 
basic due process. Unfortunately, this was not permitted on the floor. 
This bill is full of such provisions.
  I urge my colleagues to rethink and provide basic due process in any 
immigration or any other bill.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from Tennessee [Mr. Duncan].
  Mr. DUNCAN. Mr. Chairman, I rise in support of this legislation on 
which the gentleman from Texas [Mr. Smith] and many others have worked 
so hard. I thank the gentleman from Texas for yielding me this time.
  Mr. Chairman, it is true that we are a nation of immigrants, and we 
are all proud of that. Immigration has been a good thing for this 
country. But too much of any good thing can become harmful, even 
destructive. This is what is happening in our country today in regard 
to immigration. We are not controlling our borders and we are seeing 
many harmful effects from that.
  One example is that today 25 percent of the inmates in our Federal 
prisons are foreign born, most of them illegal immigrants. This is a 
tremendous expense to our taxpayers.
  Dr. Donald Huddle of Rice University, who has studied this issue 
perhaps as much or more than anyone, has estimated that immigrants now 
cost us at least $51 billion more each year than they contribute, $51 
billion. With a national debt of over $5 trillion and our economy on 
such thin ice, this is a problem that threatens to overwhelm us.
  This legislation simply responds to the very strong desire of the 
people we represent as any democratic legislative body should do. A 
recent nationwide Roper Poll with an extremely high sampling found that 
83 percent of the American people want immigration greatly decreased. 
The same poll found that only 10 percent felt we should do less in 
removing illegal immigrants from our country. A columnist for the 
liberal magazine, the New York Republic, wrote recently that ``Sooner 
or later, Americans must face reality. It is going to be painful. It is 
on the Statue of Liberty, `Give me your huddled masses.' The trouble is 
the huddled masses need jobs.''
  Perhaps the most important thing this bill does, Mr. Chairman, is 
that it cuts off all sorts of welfare, Medicare and Medicaid benefits 
to illegal immigrants. Coming here legally to seek opportunity is one 
thing and can still be done by hundreds of thousands under this bill 
every year. But coming here illegally to gain welfare benefits is 
something else altogether and something which the American people want 
stopped. We are a nation of immigrants, but much more importantly we 
are a nation of laws. To immigrate here illegally is plain and simply 
wrong.
  One last point, Mr. Chairman: If this bill passes to make our 
immigration policy more fair and reasonable, we will still be allowing 
more immigrants in. We will still have more immigration than any other 
nation in this world. If allowing in the highest number of immigrants 
of any country in the world is not good enough, then nothing we can do 
will ever really satisfy the people who oppose this legislation.
  Mr. Chairman, I understand that extremely big business is against 
this bill but the American people are for it, and we should be too. We 
should pass this legislation.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2\1/2\ minutes to the 
gentleman from New Jersey [Mr. Smith].
  Mr. SMITH of New Jersey. Mr. Chairman, I thank my friend for yielding 
me time.
  Mr. Speaker, H.R. 2202, the Immigration in the National Interest Act, 
includes many important provisions to help the United States get 
control of its borders: 5,000 new border patrol agents over 5 years, 
stricter penalties for alien smuggling and document fraud, prohibitions 
of public assistance, and procedural reforms that would make it easier 
to deport people who have abused our hospitality.
  I commend the gentleman from Texas, Chairman Smith, for his work on 
this and even when we disagree, he is always a very fine gentleman and 
its fair about that.
  The bill also contains some controversial provisions that would 
sharply reduce both family-based and employment-based immigration. I 
frankly think we should concentrate our efforts on illegal immigrants, 
and I wish the bill had even gone further in that direction; for 
example, by taking steps toward getting control of the situation in 
which people come to the United States on short-term tourist or 
business visas and then overstay their visas, living and working in the 
United States as illegal immigrants.
  On balance, I support many of the provisions of H.R. 2202, precisely 
because it takes strong steps in controlling illegal immigration. I do 
want to point out that I will be strongly supporting on the floor the 
Chrysler-Berman-Brownback amendment which will help keep the focus on 
stopping illegal immigration by separating these issues from the 
provisions controlling and concerning legal immigrants and visas and 
refugee. H.R. 2202 and the amendment that Mr. Chrysler hopes to offer 
would eliminate the small number of visas now allocated for brothers 
and sisters.
  Just let me say I also, as chairman of the Subcommittee on 
International Operations and Human Rights, and we have jurisdiction 
over the refugee budget, will be offering my own amendment that would 
lift the cap of 50,000 refugees after the fiscal year 1997. We have 
held extensive hearings in my subcommittee on the refugee situation. I 
do believe that consultation process between the administration and the 
Congress ought to be the modality used, not a cap. I think that the 
world is getting more volatile, not less, and doing our fair share to 
relieve the pressure on true refugees, people who have a well-founded 
fear of persecution, we ought to not cap it, and continue the 
consultation process.

                              {time}  2000

  Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from California [Mr. Bilbray].

[[Page H2392]]

  Mr. BILBRAY. Mr. Chairman, let me say that I rise in support of this 
legislation. Let me say I rise in support of it in no little way.
  I happen to be one of the few Representatives that will have the 
privilege of serving on this floor that not only has experienced the 
border issues but actually was raised and lives on the border. Mr. 
Chairman, it is time that this Congress and these American States of 
America get sensitized to the fact of the absurdity of the situation we 
have allowed to occur along our frontiers.
  Let me just sort of say very subtly to my colleagues here that 
Congress and only Congress has the authority to address the immigration 
policy. But as somebody who grew up on the Mexican border, I have had 
to live in my community with not only the crime, the destruction that 
has occurred from uncontrolled immigration and crime activity along the 
border, but also the human misery that is being imposed on the illegal 
immigrants. Our freeways are the scene of many people being slaughtered 
because smugglers are encouraging illegals to enter our country down 
the middle of freeways.

  Mr. Chairman, the Tijuana River Valley has been filled with corpses. 
And I would have to say, sadly, I have been involved in the recovery of 
bodies in the Tijuana Valley of people who were promised a better life 
but only received a death sentence because this country says one thing 
and does the other thing about illegal immigration.
  Mr. Chairman, I have seen what has happened to our society along the 
frontier to where not only in our country but in Mexico, nine police 
officers have been assassinated by the people who make their money 
smuggling illegal aliens. I have watched as we hear reports of not only 
agents but six illegals running off a 150-foot cliff because they 
thought they were chasing for a better life.
  Mr. Chairman, I would say to my colleagues on either side of the 
aisle who think immigration reform is somehow a bad idea, come to my 
neighborhood. See what this Congress is doing to the citizens and to 
the immigrants along the border. Mr. Chairman, we have a responsibility 
to control illegal immigration, and this body does not have a right to 
walk away from it. I ask my colleagues to support this bill.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3\1/2\ minutes to the 
gentleman from California [Mr. Dornan].
  Mr. DORNAN. Mr. Chairman, I would like to engage the gentleman in a 
colloquy.
  Mr. Chairman, in H.R. 2202 under section 524 entitled, ``Admission of 
Humanitarian Immigrants,'' it states, ``The Attorney General shall, on 
a case-by-case basis and based on humanitarian concerns and the public 
interest, select aliens for the purpose of this subsection,'' unquote.
  It is my understanding that in the interest of giving priority to 
reunification of nuclear families, this language could include 
exceptional cases involving sole surviving family members of American 
citizens, whether or not an individual meets the qualified family 
categories as set forth in this bill. The section I have referred to, 
for example, would allow any sole surviving member of an immediate 
family, including a parent, a sibling, child, or adult son or daughter 
over 21 years of age, a legal guardian or a charge of an American 
citizen or legal resident, to be admitted as a special humanitarian 
case. Am I correct in this assessment, Mr. Chairman?
  Mr. SMITH of Texas. Mr. Chairman, will the gentleman yield?
  Mr. DORNAN. I yield to the gentleman from Texas.
  Mr. SMITH of Texas. Mr. Chairman, that is correct. It is my intention 
to strongly urge that the Attorney General use a portion of annual 
humanitarian admissions for the purposes the gentleman has just 
mentioned.
  Mr. DORNAN. Mr. Chairman, I rise in strong support of the manager's 
amendment and urge my colleagues to vote in favor of its passage. This 
amendment is particularly important to States such as my California, 
which are heavily impacted by criminal aliens. Although it is the 
responsibility of the Federal Government to enforce immigration policy, 
State and local governments incur significant costs relating to the 
incarceration of criminal aliens.
  Unfortunately, many local governments heavily impacted by criminal 
aliens are not, as the 1994 crime bill intended, being financially 
compensated for these costs. In trying to meet the public safety needs 
of the community, these local communities are therefore being forced to 
bear this financial burden on their own.
  Mr. Chairman, I am pleased, with the support of my colleagues, the 
gentleman from Texas [Mr. Smith] and the gentleman from California [Mr. 
Gallegly], who worked so hard on this excellent bill. My provision has 
been included in this amendment to clarify the intent of the 1994 crime 
bill. It would simply ensure that all local governments have the 
opportunity to apply for the financial compensation they are entitled 
to for costs associated with incarcerating criminal aliens.
  I also strongly support a provision in the amendment that would 
authorize a pilot project by the INS to identify illegal aliens among 
those incarcerated by the city of Anaheim and the County of Ventura. 
Under the proposed pilot program, an INS agent would be stationed in 
two local government jails to perform front-line documentation and 
appropriate questioning of criminally charged suspected illegal aliens. 
By helping to speed up the deportation process, I believe this program 
has the potential to be a significant benefit to the entire country. I 
support it strongly.
  I rise in strong support of the manager's amendment, and urge my 
colleagues to vote in favor of its passage.
  There are two provisions in this amendment that I believe are 
particularly important to States, such as California, which are heavily 
impacted by criminal aliens.
  Although it is the responsibility of the Federal Government to 
enforce immigration policy, State and local governments incur 
significant costs relating to the incarceration of criminal aliens. And 
while the 1986 Immigration Reform and Control Act authorized States to 
receive Federal reimbursement of criminal alien incarceration costs, it 
was only recently that local governments received similar treatment. In 
fact, it was the 1994 crime bill that for the first time allowed so-
called political subdivisions of a State to be reimbursed for costs 
associated with incarcerating criminal aliens. This was a very 
important gain in having the Federal Government recognize its 
responsibility for criminal aliens.
  Unfortunately, many local governments heavily impacted by criminal 
aliens are not, as the 1994 crime bill intended, being financially 
compensated for these costs. In trying to meet the public safety needs 
of their community, these local communities, such as the cities of 
Santa Ana and Anaheim which are located in my district, are therefore 
being forced to bear this financial burden on their own.
  I am pleased that with the support of our colleagues Lamar Smith and 
Elton Gallegly, who have worked so hard on this bill, a provision has 
been included in this amendment to clarify the intent of the 1994 crime 
bill. It would simply ensure that all local governments, including 
counties, cities, as well as municipalities, have the opportunity to 
apply for the financial compensation they are entitled to for costs 
associated with incarcerating criminal aliens.
  I also strongly support a provision in the amendment that would 
authorize a pilot project by the Immigration and Naturalization Service 
to identify illegal aliens among those incarcerated by the city of 
Anaheim and Ventura.
  A recent 60-day survey conducted by the Anaheim Police Department, 
located in my district, found that 35 percent of the inmates sent to 
the Anaheim City Jail were unable to produce documentation that they 
were in the country legally. Under the proposed pilot program, an INS 
agent would be stationed in Anaheim's jail to perform front-line 
documentation and appropriate questioning of criminally charged 
suspected illegal aliens. This will enhance the relationship between 
INS officials and local law enforcement and help speed up the 
deportation process for criminal aliens. And I believe that, if 
successful, the program has the potential to be a significant benefit 
for the entire country.
  Like the many other measures contained in the manager's amendment, 
these are critical provisions that deserve our support. I urge a 
``yes'' vote on the manager's amendment.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from California [Mr. Hunter], a longstanding advocate of good secure 
fencing.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding time to 
me and also thank him for his leadership and statesmanship in putting 
together what has been a very difficult bill but

[[Page H2393]]

nonetheless a very necessary bill, perhaps the most important piece of 
legislation we will pass this year.
  Mr. Chairman, I have got the gentleman from California [Mr. Bilbray], 
my friend, a fellow San Diegan, with me today. I am reminded that Mr. 
Bilbray lives just a mile or two from the border, and I am going to 
talk about border control because that dimension of handling the 
illegal immigration problem is a very important dimension.
  This bill doubles the number of Border Patrol. To gain control of a 
border, we need a couple of things. We need an impediment which in this 
case is going to be a triple fence that the committee is building. It 
is a fence that was designed by Sandia Laboratories and a $600,000 
study that was done for the INS by the department of drug policy. It 
has been endorsed by Sylvester Reyes, the most successful Border Patrol 
Chief in the United States who successfully held the line in El Paso. 
This triple fence, along with forward deployed 10,000 Border Patrolmen, 
will help to cut off those 12 smugglers' corridors across the 
Southwest.
  Each place where we have an urban population on each side of the 
border, whether it is San Diego, Tijuana or El Paso or Brownsville, TX, 
in Juarez or Matamoros, Mexico, we have hotbeds of smuggling that is 
taking place right now. This bill addresses border control and does it 
in a very, very effective manner.
  Mr. DORNAN. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from California.
  Mr. DORNAN. Mr. Chairman, just for a quick compliment.
  We do not get to do this in the course of the year too many times, 
but I went down to the border with the gentleman's assistance, had a 3- 
or 4-hour briefing, flew with the California Guard, went out to the 
observation post, and had a 5-hour hearing in Santa Ana the other day. 
Mr. Chairman, I am not kidding when I say that the gentleman from 
California [Mr. Hunter] is so highly respected for what he has done 
year in and year out since 1980, over 16 years, that I cannot thank him 
enough for what he is doing for the whole country on this issue.
  Mr. HUNTER. Mr. Chairman, I would like to give this gentleman more 
time. I thank the gentleman.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes and 30 seconds to 
the gentleman from California [Mr. Rohrabacher].
  Mr. ROHRABACHER. Mr. Chairman, I would like to first congratulate the 
gentleman from Texas [Mr. Smith] and the gentleman from California [Mr. 
Gallegly] for the tremendous job they have done in putting this 
legislation together.
  I have been deeply involved in this issue for over 5 years now. While 
the Democrats controlled this body, we could not get a vote on the 
illegal immigration issue. We could not bring this Government to come 
to grips with this problem that was destroying the State of California 
and threatening to overwhelm the entire country. But in a democracy, if 
elected officials do not act, the people will.
  What happened, there is no coincidence that proposition 187 out in 
California passed at the same time that the people kicked the 
Democratic majority out of control of the House of Representatives 
because they want action in their behalf. Who were we representing 
before? I mean, it was incredible. I could not figure out why people 
were voting the way they were. Whose interest was being represented?
  Well, this is a new era in the House of Representatives. Every time 
we tried to do something before, the Democrats would say, oh these poor 
suffering people here and these poor suffering people here. We would 
have to apologize that we were trying to represent the interests of the 
American people. Well, that is not going to happen anymore. Yes, we are 
concerned. We care about other people. We care about the children of 
people who live in foreign countries. But that does not mean we are 
going to allow everybody in the world to bring their children here and 
break down our education system so our kids cannot get an education.
  And yes, Mr. Chairman, some people may be deprived overseas, but we 
are not going to let criminals come into our society and commit crimes 
and not have our Government act upon it and see our jails being filled 
with illegal aliens. Yeah, we love older people from other countries. 
We love humanity, but we do not want senior citizens coming into 
America and draining all of the resources that we have saved up for our 
own citizens, for our own seniors so that our people will not have 
those programs to rely upon.
  Yes, we care about sick people wherever they come from. We do not 
want sick people coming here from all over the world expecting to get 
free medical care and breaking down our system. We do not want sick 
people coming here from every corner of the world breaking down our 
health care system. That is what is happening in California.
  The difference between this Congress and the last Congress is we are 
going to come to grips with this problem because we do care. We care 
about the American people, and we have no apologies for that.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  I am forced to respond forcefully to what the gentleman from 
California [Mr. Rohrabacher] just said. Now, we have got a bill on the 
floor that is a bipartisan effort, and I think it would be helpful if 
we can try to keep it that way. The gentleman's comments with regard to 
when the Democrats were in control are completely in error, totally in 
error.
  In 1986 this House acted for the first time with a Democratic 
majority in the House and Senate to make it against the law for 
American employers to hire somebody who is in the country illegally. 
That was a hard bill to pass. Not only the business community did not 
like it very much, but the immigrant advocate groups did not like it 
either. We did it.
  It brought illegal immigration down for a period of years, but the 
counterfeiting has caused it to go back up again. That is why we have 
the bill out here now. We have passed legislation a number of times 
since then, as well, and the Clinton administration has taken a number 
of very dramatic initiatives to deal with the problem, including 
recommending this kind of legislation, including appointing the members 
of the committee.
  Mr. Chairman, I yield to the gentleman from California [Mr. Becerra].
  Mr. BECERRA. Mr. Chairman, I too would like to echo what the 
gentleman from Texas is saying. My friend and colleague from California 
misrepresents the facts. In fact, as the gentleman from California [Mr. 
Rohrabacher] knows, under the Democratic watch 2 years ago and with a 
Democratic President, for the first time in the history of this country 
we got a President who was willing to give moneys to States to 
reimburse them for the cost of incarceration of undocumented immigrant 
felons.
  We, also, for the first time in more than a decade got an increased 
amount of funding for the INS to conduct border enforcement activities 
so they would not have to work with outdated equipment, with broken 
night scopes, all of the things that were being requested by the INS 
which certainly did not get fulfilled before the President, President 
Clinton, took office.
  So certainly we have to acknowledge that there have been efforts, and 
hopefully we will recognize that they have been bipartisan efforts, not 
only by one particular party or another.
  Mr. BRYANT of Texas. Mr. Chairman, let me say we are trying to get a 
bill passed out here, and the gentlemen are not helping us do that by 
starting this argument. But OK, go ahead.
  Mr. BILBRAY. Mr. Chairman, will the gentleman yield?
  Mr. BRYANT of Texas. I yield to the gentleman from California.
  Mr. BILBRAY. Mr. Chairman, I am just saying as somebody who spent 20 
years in local government in a border community, I just heard that the 
Federal administration 2 years ago was out to reimburse for the cost of 
incarcerating criminal aliens. You know, all I got to say as somebody 
who had to run a criminal justice system for 2.6 million people, we did 
not see it. We did not see it.
  Mr. BRYANT of Texas. Mr. Chairman, reclaiming my time, I will explain 
it to the gentleman why he did not see it. In the 1986 Immigration 
Reform Control Act, I put an amendment in there that required 100-
percent reimbursement to all border States and border communities for 
any immigration

[[Page H2394]]

cost. The Reagan administration, year after year after year, proposed a 
gradual cutting of that, and unfortunately that took place; so we do 
not have that anymore.
  Mr. Chairman, I would just think it would be best to conclude this by 
saying there has been an adequate effort in my view on both sides. If 
that statement is not good enough to move the debate forward, we can 
waste another 10 minutes out there jeopardizing passage for the bill 
having a needless argument.
  Mr. BILBRAY. Mr. Chairman, if the gentleman will continue to yield, I 
am not trying to be argumentative.
  Mr. BRYANT of Texas. Mr. Chairman, the gentleman has the time.
  Mr. BILBRAY. I am just saying from personal experience, what is said 
and what has been done are two different things. I think the one thing 
that we want these Chambers to have is that dose of reality of what 
really is going on out there. I just have to say, there is a lot of 
talk about it in the last 2 years. But what has been said and what is 
actually happening as somebody who every week I go to the border and 
talk with immigration agents, please be aware as somebody who cares 
about proper immigration legislation.

                              {time}  2015

  We got to make sure that the border finds out about it and that the 
administration is doing what is being said, and that is all I am 
asking.
  Mr. BRYANT of Texas. Reclaiming my time, I would just say that this 
administration has taken some dramatic initiatives in that direction. 
This House, when the Democrats were in the majority, and I would not 
bring this up except the gentleman from California [Mr. Rohrabacher] 
did, passed the only legislation we ever had--excuse me.
  The CHAIRMAN. The Chair will point out that the gentleman from Texas 
[Mr. Bryant] controls the time.
  Mr. BRYANT of Texas. Mr. Chairman, I simply wish to reflect my view, 
the basis of the erroneous statements of the gentleman from California 
[Mr. Rohrabacher].
  Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. 
Rohrabacher], and then I am going to reclaim my time.
  Mr. ROHRABACHER. Mr. Chairman, I thank the gentleman for yielding 
this time to me.
  I guess, and am I taking it for granted that the gentleman is denying 
that the numerous attempts that I tried to make to get legislation on 
this floor concerning benefit packages going to illegal aliens, that I 
am just imagining that we tried to put these things through the system 
and were beaten down every time by the Democrats who controlled the 
process?
  Mr. BRYANT of Texas. All I am saying to the gentleman from California 
{Mr. Rohrabacher] is that I cannot say what happened with regard to the 
gentleman's initiatives. I know of the initiatives that were made in 
the past; I think they were good ones. Some things happened that I did 
not like. Some things----
  Mr. ROHRABACHER. My remarks were aimed at benefit packages.
  Mr. BRYANT of Texas. But the gentleman's characterization that this 
is a partisan issue that only he has dealt with is, in my view, just 
wrong.
  Once again, Mr. Chairman, I reclaim my time.
  The CHAIRMAN. The gentleman from Texas, [Mr. Bryant], controls the 
time.
  Mr. BRYANT of Texas. Mr. Chairman, I yield 4 minutes to the gentleman 
from Minnesota [Mr. Vento].
  (Mr. VENTO asked and was given permission to revise and extend his 
remarks.)
  Mr. VENTO. Mr. Chairman, I took this time; I wanted to talk about an 
amendment that I planned to offer, and I understand that the manager of 
the bill, the gentleman from Texas [Mr. Smith], is going to incorporate 
it into an en bloc amendment, and I thank him for that. I have not had 
a chance to visit with him personally about it. He has been very busy. 
And I also thank the gentleman from Texas [Mr. Bryant].
  This amendment deals with legal residents that have had difficulty 
attaining and passing the citizenship test principally because of the 
language and residency requirements, but more importantly, Mr. 
Chairman, I just wanted to take a few minutes today to talk about 
something we are doing right, I think, in this Nation.
  Most of us know we were locked in a Vietnam conflict for many years, 
and in the process of that the United States, through its intelligence 
agencies and others, joined forces with some of the tribes in Laos, the 
Hmong specifically, H-M-O-N-G, the Hmong, and they now reside, of 
course. And after that conflict was concluded, of course, and came to a 
bitter conclusion, they, many of them, had to flee their homeland 
because of fear of retribution and, in fact, retribution that did 
occur.
  They often had fought in that conflict longer than U.S. military 
personnel, assisting U.S. military personnel, and many of them lost 
their lives. In fact, 10,000 to 20,000 Hmong lost their life in that 
conflict in Southeast Asia. In the process of losing their lives they 
saved many other lives.
  But today there are many that are in the United States, have served 
in this capacity, but are having a great deal of difficulty, because 
historically the Hmong did not have a written language, and, as a 
consequence of the chaos, and so forth, and the rural nature of their 
culture, they were unable to gain a education. So the consequence today 
is that even though repeatedly, with a lot of tutorial help, they make 
an effort to pass the citizenship test; they are here as legal 
residents, of course; they are unable do so.
  So what we are trying to do here is to extend this honor to them to 
gain citizenship. I think some have gained it on their own. Many are 
elderly; some are not. But there are the spouses that have lost their 
husbands.
  In the past, of course, I think the history of our Nation is, if one 
serves in the U.S. military uniform, even though they are a Nam 
national, they are not a U.S. citizen, they can gain citizenship 
through that means. What we are trying to do here is to extend that 
opportunity to this small group, really today, for this specific 
purpose.
  So I wanted to give some examples of types of persons that were 
involved and where they live. I was looking through this, and I realize 
that one of them lived near the Vento homestead on Burr Street in St. 
Paul, and someone that had fought for 15 years in this conflict, had 
fought, in fact, in the French conflict before that, and he wrote here, 
``I arrived in the United States on September 26, 1986, after 10 years 
in a refugee camp.''
  So the total service here in terms of conflict and military service 
to the United States, of course, was some 15 years, 10 years in refugee 
camp, and then has a very difficult time learning a new language and 
culture. But he is working as a janitor, and he would like to have, and 
he is going to be here for the rest of his life, and he is very 
supportive, obviously, of citizenship and the honor.
  I think really in this case we do an honor by recognizing people that 
have done this type of service, and I go through this over and over 
again, but that there are many others.
  I am just going to put some of these in the record. Here is another 
person that lives on Lafond Street or Avenue in St. Paul. He again 
fought for some 15 years, again was in a refugee camp, Lee Pao Xiong, 
and he has lived or came here in 1987, is a U.S. citizen.
  So what we are trying to do is waive, because they spent time in 
refugee camps, to also waive the residency requirement. Not a large 
number of people, but a justice and a very good provision, and I really 
appreciate my colleague's support for the provision.
  Mr. Chairman, I include the following material in the Record:

            Biographies--MN Hmong Vets Who Are Not Citizens

       Wa Chi Thao, St. Paul, Minnesota; date of birth: 6/15/1950; 
     place of birth: Xieng Khouang, Laos.
       Military Service from 1961-1975 (14 years).
       My commander was Yang Chong and my sergeant was Shong Leng 
     Xiong. I also worked under General Vang Pao through these 
     other leaders. The American General was Jerry. I don't 
     remember his last name.
       Injuries in combat: I was hit in the back by a bomb 
     explosion.
       Places of combat: San Sous near Vietiane; Mt. Pher Bia, 
     where my wife died in combat; Phon Sou; Thong Hai Hien, many 
     people died and injured; Kham Houng Sat Chout Tham Lien; 
     Moung Mount; Phon San. We rescued a down American pilot, but 
     it was sad that both the pilots were died due to the crash. 
     We however, recover their bodies and send home.

[[Page H2395]]

       After 1975: I fight the communist with a group of my people 
     call sky soldier to defend our families and ourselves.
       Refugee camp: We finally made it to Nong Khai Refugee Camp 
     on 1975 for 5 months then we went to Ban Vinai for almost 10 
     years.
       United States: In January 1993, we came to the United 
     States. The war had cause a great deal of depressing for me 
     and my family. I was in camps for many years and thinking 
     life is not worth of living. But now in the US I finally 
     think life is worth of living.
       I feel very happy here and I want to be a citizen of this 
     great nation, but it very hard because I don't know English. 
     I have served for the US for as a soldier for 14 years of my 
     life. I want to be a citizen very much and I need the US 
     government to support the Amendment H.R. 2202 as offered by 
     Rep. Bruce Vento of Minnesota.
       Lieutenant Lao Pao Xiong, 2917 18th Ave. S., Minneapolis, 
     MN 55407;
       Military Service from 4/19/60-5/15/75.
       Date of birth: 8/16/45.
       Place of birth: Phou Sam, Laos.
       Injuries: Hit by a grenade to the right side.
       Combat sites: Nam Kham; Xieng Khouang; Ban Soun; many other 
     small sites as well.
       My commanders was Youa Vang Lee and Chong Chue Yang.
       After 1975: On June 26, 1975 my family came to Nong Khai 
     Refugee Camp, then we were transferred from Nong Khai to Ban 
     Vinai in 1979 and my family stayed there until 1988.
       United States: I came to the U.S. on August 21, 1988. I 
     want to become a citizen of the United States. I have worked 
     for the U.S. for 15 years and lived many years in the refugee 
     camps not knowing what to do. This country is my home now, I 
     want to be a good citizen here. I need the government to 
     support the Amendment H.R. 2202 as reported and offered by 
     Rep. Bruce Vento of Minnesota. Without this bill my family 
     have no hope of becoming citizen of U.S., which where our is 
     and where we want to live until our last days on earth.
       Commander Thong X. Thao, 1248 Margaret Ave., St. Paul, MN 
     55106.
       Date of birth: 10-5-40.
       Place of birth: Long Cheng, Xieng Khouang, Laos.
       Years in secret war: 1961-1975.
       Injuries in combat: Hit by a piece of grenade.
       Combat sites: Phou Pha Loui; Lam Xieng--where I was 
     injured; Long Cheng; Lam Phon Moung; Boune Loung.
       After 1975: I went through Vietiane (capital of Laos) on 5-
     18-75 and arrived in Xieng Mai, Thailand on 5-19-75. I went 
     to Nam Phong on 5-26-75 then to Ban Vinai Refugee Camp. On 
     June 28, 1978, I went to Kong Thet for five months. I have 
     been working since 1978 at many places. Right now, I work at 
     Marsden as a janitor.
       I want to be a citizen of the U.S. very much. I have been 
     here for many years and I want to have the same rights as 
     other citizens here do. I hope that you will support the 
     Amendment to H.R. 2202 as offered by Rep. Bruce Vento of 
     Minnesota. I need this bill to pass, so I can become a 
     citizen. I have fought 14 years of my life for the United 
     States. Learning the English language is something I want to 
     do, but it is hard to learn. I highly support this amendment. 
     I hope the U.S. government will support it too.
       Sergeant Da Por Vang, 946 Burr St., St. Paul, MN 55101.
       Soldier in secret war: I also fought with the French from 
     1934-50. In 1961, I began working with the US and General 
     Vang Pao until 1975.
       Battle sites: Xieng Khouang; Moua Loung; Nan Khan, Long 
     Hae.
       After 1975: I was a Sky Soldier-Chao Fa until 1983. I 
     defended my family and my country although the support wasn't 
     there anymore.
       Refugee camp: I stayed in Ban Vinai for about 7 months and 
     then I went to Chaing Khan for about 2 years.
       United States: I arrived in the US on September 26, 1986. I 
     am very old now. I cannot learn a new language and culture. 
     Life is very hard and depressing. I have live almost a 
     century.
       I have no where else to go. I want to become a citizen of 
     the US because my family is here. I want to live here for the 
     rest of my life. I want the government to support the 
     Amendment H.R. 2202, as reported and offered by Rep. Vento of 
     Minnesota. I do not know English. Without this bill, I have 
     no home, no country to belong to.
       Major Lee Pao Xiong, 488 Lafond Ave, St. Paul, MN 55103.
       Military service from 1961-1975.
       Date of birth: 12/31/1946.
       Place of birth: Xieng Khouang, Laos.
       Injuries: A bullet to the left ankle all the way to the 
     thigh.
       Place of combat: Xieng Khouang; Boua Loung; Phon Savan.
       I worked with General Van Pao. My commander is Moua, Gao 
     and Shong Leng Xiong.
       After 1975: I became a Choa Fa in Mt. Pher Bia until 1980. 
     We fought to defend ourselves and families without any help 
     from anyone.
       Refugee camps: On October 1980, I arrived in Ban Vinai 
     Refugee Camp. I lived there until 1986 then, I went to Chaing 
     Khan.
       United States: I came to the US on April 10, 1987. I want 
     to become a citizen of the US, but it hard to learn English 
     language now that I am old in age.
       I want the government to support the Amendment to H.R. 
     2202, as reported and offered by Rep. Bruce Vento of 
     Minnesota. I would like to become a citizen and participate 
     and live in this country.
       Bao Yang, 530 16th St. N., Wisconsin Rapdis, WI 54494.
       Military Service from 1969-1975.
       Date of birth: 1/2/1949.
       Place of birth: Monang Lon He Xieng Khouang, Laos.
       My husband was a soldier for the U.S. from 1969-1975. He 
     died on 1/19/93.
       After 1975: We lived in fear in Laos, moving from place to 
     place until 1979. On April 1, 1979, we started to go on to 
     Thailand. We came to Nong Knai Refugee Camps for four months, 
     Then, we were transferred to Ban Vinai for 10 months.
       United States: On May 2, 1980, we went to Kong Thet for 2 
     months. We came to the U.S. on July 25, 1980. We came 
     directly to Edina, Minnesota.
       I want to be a citizen of the United States. I want to live 
     here for the rest of my life. It is my home now. My husband 
     and many people in my family have work for the U.S. in the 
     secret war in Laos. I want to be a citizen here and 
     participate in the country.
       I hope you will pass the Amendment H.R. 2202 as offered by 
     Rep. Bruce Vento of Minnesota. I am doing this not for myself 
     but my husband who does not fortunate enough to live to see 
     this amendment pass. He worked many years for the U.S. please 
     support this amendment, so we can have a country to belong 
     to.
       Sgt. Seng Thao, Minneapolis, Minnesota.
       Military Service from 1968-5/15/1975.
       Date of birth: 10/10/54.
       Place of birth: Nam Qhuam-Vang Vieng, Laos.
       When I begin training to be a soldier, I were only 14 years 
     old.
       Injuries in combat: bullet to the left shoulder; bullet 
     through the right foot between 2 toes.
       After 1975, I still had to defend my family, relatives, and 
     my village until 1979. In 1979, my family took the voyage to 
     Thailand. My family suffered great danger when we were taken 
     to a concentration camp in Thailand. The people abused us and 
     put us through so much suffering when they took everything 
     that we had. They used knives and guns to make us give them 
     everything that we had. We were finally taken to Ban Vinai 
     Refugee Camp four days later and stayed there for 6 months, 
     until we came to the United States.
       In the United States: I came to the U.S. on May 21, 1980. I 
     went to school for one year. School was hard to concentrate 
     on, because the war I have no education background. English 
     is hard to learn, especially if you have no basic education. 
     Right now, I'm working at Riverview Packaging, Inc. in 
     Minneapolis Minnesota.
       Citizenship: I went to take my citizenship test on April 9, 
     1994. I passed only one test of the citizenship test. I would 
     like to be a citizen of this great country here very much. I 
     have lived in Minnesota here for all my life in the United 
     States. I want my all family to be citizens of this great 
     nation, because this is my home now.
       I hope you will support the amendment to H.R. 2202, as 
     Reported and Offered by Rep. Bruce Vento.
       Captain Neng Mai Xiong, 761 Rose Ave. E., St. Paul, MN 
     55106.
       Date of birth: 2-18-1944.
       Place of birth: Sa Mang, Laos.
       Years in the secret war: Stationed at Pho So (Site 57): 1/
     1960 to May 20, 1975. I was a radio operator.
       Moung Phan, Site No. 236; Nong Chaing Na Seun, Site No. 
     214; Nam Yeu, Site No. 118 A; Xieng Lomg, Site No. 69 A; 
     Sayaboury Lima, Site 23; Phon Haua Moui, Site 67; Hoi Phoui, 
     Site 155.
       Rank 1960-ADC, 1962-SGC--radio operator, 1970-1975--
     Commander, company 227B; Captain
       Battle sites: Boua Loung, Site 32; Xieng Khouang, Site 75.
       After 1975: I became a Sky Soldier-Chao Fa. I was taken 
     into a work camp by the communist in 1979, my family got out 
     of the communist training work camp and stayed at Kiao Nya 
     until 1989. In 1989, I came to Vietiane, Capitol city of Laos 
     and then got my passport to the United States.
       Xia Shoua Thao, St. Paul, Minnesota.
       Military Service from 1964-1975.
       Date of birth: 2/1/47.
       Place of birth: Vang Vieng, Laos.
       I became a soldier when I was seventeen years old.
       Injuries in combat: Injury to the upper left arm due to a 
     bomb explosion.
       Places of combat: 1965: Sala PhouKong; Tha Vieng, Xieng 
     Khoung; Phousau, Hat Ban Phoun; Ban Tha; Maing Hien naKham; 
     Phou Ka Xieng Khoung Thoug Hailtien; Phou Pa Sai Kham Gau, 
     (Site 204).
       After 1975: I was a leader to lead a group of Hmong 
     soldiers to defend our village, our families, our homes.
       Battle sites: Moung Pheeb; Ban Soun Na Seu; Phou Kham. For 
     3 years, we fought against the communist without any kind of 
     government help.
       Refugee camp: We defend ourselves for many years because we 
     believe in freedom and democracy. After many years of 
     fighting, we did somehow find our way to freedom. In 1984, we 
     make it to Ban Vinai Refugee Camp in Thailand and stayed 
     there until 1985 then transferred to Xeng Kham Refugee Camp 
     for 3 months. On 10/85, we went to Pham Nat Nikhom.
       United States: On April 28, 1987, my family came to the US. 
     We arrived on April 29, 1987. I went to school for 9 months. 
     It was very hard to learn a new language at an old age like 
     me. I worked part-time at Dept. of Natural Resource as a 
     janitor. I became very sick and could not work any more.

[[Page H2396]]

       I want to be a citizen of the US because this is my 
     permanent home now. I have served with and for the US for 11 
     years of my life. I can not pass the citizenship test because 
     I do not know English well enough to pass the test. Please 
     help me and my fellow people to support amendment H.R. 2202.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2\1/2\ minutes to the 
gentleman from California [Mr. Cox], chairman of the policy committee.
  Mr. COX of California. Mr. Chairman, I rise in support of the 
Immigration in the National Interest Act, and I want to congratulate 
the gentleman from Texas [Mr. Smith], the chairman, for the work he has 
done in bringing this balanced bill to the floor.
  In addition to my chairmanship of the policy committee, I am the vice 
chairman of the Speaker's task force on California, and our task force 
has made reform of illegal immigration, fighting illegal immigration, 
our No. 1 State priority here in the Congress. This bill answers that 
call.
  In 1994, the voters of California sent a very loud message all the 
way here to Washington, DC, all the way to the floor of this Congress: 
Immigration, a Federal responsibility, needs to be looked after by the 
Federal Government. Illegal immigration, which affects California 
disproportionately; we have over half the illegal immigrants in America 
in our State, needs to be looked after.
  Prop 187 was simple. It denied welfare and social service benefits to 
illegal aliens. This bill will fulfill that promise at the Federal 
level. This bill and amendments that Chairman Smith has made in order 
on the floor will succeed in ensuring that the procedures for deporting 
people who are in the country illegally and who should be sent back to 
their own countries, that those procedures will be streamlined, that it 
will not take forever and a day to go through the judicial process for 
this purpose. It will add sufficient Border Patrol agents, 10,000 of 
them, so that we can actually enforce the law. It will end welfare 
dependency among illegal aliens by tightening the existing restrictions 
against receipt of benefits by illegal aliens and putting teeth into 
the sponsorship regulations that have been long on the books, but never 
enforced. This law will permit us to enforce them.
  There is something else that the gentleman from Texas [Mr. Smith], 
the chairman, has permitted to come to the floor in his manager's 
amendment that I think is going to be very, very important for us in 
southern California. Residents of Orange County were reminded of the 
costly delays in the current deportation process 6 months ago when 
Officer Tim Garcia of the Anaheim Police Force was shot and seriously 
wounded by an illegal alien with a criminal record. This was not an 
isolated instance in Anaheim. A recent 60-day survey indicates that 35 
percent of all the inmates sent to the Anaheim jail are illegal aliens. 
The manager's amendment in this bill is going to correct this tragedy 
through the establishment of a 6-month project in Anaheim which will 
lead the way for the rest of the country. An INS agent will be 
stationed, the city of Anaheim's incarceration facilities to perform 
frontline documentation and appropriate questioning of criminally 
charged suspected illegal aliens.
  This and other provisions to this bill make it a remarkable 
achievement. I want to congratulate the bipartisan leadership that has 
brought this bill to the floor. It is, in fact, a bipartisan effort, 
and it is long overdue.
  Mr. BRYANT of Texas. Mr. Chairman, I yield the balance of my time to 
the gentleman from California [Mr. Becerra].
  The CHAIRMAN. The gentleman from California is recognized for 4\1/2\ 
minutes.
  Mr. BECERRA. Mr. Chairman, I would like to spend the remainder of the 
time that we have on this side to engage the chairman of the 
subcommittee in a colloquy and also discuss some aspects of this bill 
that are of concern.
  First, before we engage in the colloquy, I mention one of the 
principal areas of concern that is in the minds of a number of Members 
on both sides of the aisle, and that is, of course, the system that 
requires employers to conduct checks, verification processes, and I 
understand that the chairman has changed the bill so it no longer is a 
mandatory verification system, but now a voluntary system, voluntary 
for the employers, not voluntary for those who are seeking employment.
  The concern, of course, is that there are some very glaring 
statistics that must be dealt with. I know the chairman had mentioned 
some of this in the past, but I think it bears reiterating.
  First, people must understand that in this country, the size of this 
country, we have about 66 million job transactions that occur every 
year. That means either someone is hired or someone changes jobs 66 
million times each year in this country.
  Now we are told by the Social Security Administration and the INS 
that they are in the process of cleaning up their data bases that 
maintain records on most people in this country; INS, most people who 
have immigrated into this country. Yet, a recent quote from a Social 
Security Administration official in the Los Angeles Times said that we 
can expect any verification system employing the Social Security 
System's data base to have error rates of up to 20 percent in the first 
years, and by the time they worked out the glitches, a 5-percent error 
rate.
  I must tell my colleagues that when we are told that there will be an 
error rate of perhaps as high or as low as 5 percent, and we are 
talking about 66 million job transactions in 1 year, that is well over 
3 million people in this country who may be denied their livelihood. 
That is, to me, a dramatic introduction of a system at a government 
level that will intrude on the privacy and the protections that we, as 
Americans, have grown accustomed to having. That concerns me.
  But let me focus on one particular aspect of the verification process 
that is of concern to me, and I must say that the gentleman from Texas 
[Mr. Smith], the chairman of the subcommittee, was actually very 
supportive and helpful in getting a particular amendment I had in the 
subcommittee admitted into the bill, accepted into the bill. That was 
an amendment that makes sure that, to the degree that we have a 
verification system, we try to avoid discrimination. An employer who is 
not out there invidiously, trying to discriminate against people 
because of racial or ethnic hatred, but because it is a business 
practice for somebody to want to be able to make a profit and have 
skilled employees will take a look at some employees and say, ``Well, 
you look American. You don't. Why should I go through the hassles of 
trying to verify your status if I can get a good, qualified American 
who is just as qualified?''

                              {time}  2030

  We put into the bill, with the help of the chairman of the 
subcommittee, an amendment that said let us put in a checker system, a 
tester program, so we would have a system where someone could act as a 
qualified applicant for a job, go to the employer, present himself or 
herself and, although acting as a checker or tester, check to find out 
if this employer is automatically discriminating against some people 
who may look or sound foreign. We got that accepted in subcommittee. It 
stayed in the full committee. Now it is out. We had what I thought was 
good bipartisan compromise which now is out.
  Mr. Chairman, I would like to engage the chairman in a colloquy as to 
why we see that particular tester provision stricken from the bill, 
which would help prevent discrimination against American citizens and 
those legally entitled to work in this country.
  Mr. SMITH of Texas. Mr. Chairman, will the gentleman yield?
  Mr. BECERRA. I yield to the gentleman from Texas.
  Mr. SMITH of Texas. Mr. Chairman, let me respond to my friend, the 
gentleman from California, by saying first of all, I do distinguish the 
bill as it is currently written with a volunteer verification system 
from the mandatory verification system that we had at the phase of the 
subcommittee. It was for that reason we felt we could distinguish the 
two and take out the testers.
  I want to say that the amendment that is going to be offered in the 
next day or two by the gentleman from California [Mr. Gallegly], to 
make the verification system mandatory does include the testers 
provisions, so that is more of a parallel. We had it mandatory in 
subcommittee, the testers are still in the amendment, making the 
verification system.

[[Page H2397]]

  Mr. BECERRA. But the bill itself no longer has that tester section. 
It was taken out of the bill, before the bill was coming to the House.
  Mr. SMITH of Texas. Mr. Chairman, the bill does not have it now. If 
the gentleman believes the gentleman from California, he can support 
the amendment.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
Virginia [Mr. Goodlatte], to my knowledge the only Member who was a 
practicing immigration attorney before he came to this Chamber.
  Mr. GOODLATTE. Mr. Chairman, I thank the gentleman for yielding time 
to me, and for his fine work on this bill.
  Mr. Chairman, we are a nation of immigrants. My grandfather emigrated 
to this country from Germany in the early part of this century. My 
wife's parents both emigrated to this country from Ireland after World 
War II. I daresay there is not a person in this room who cannot go back 
but a few generations and find a member of their family who came to 
this country. It is an important principle. We remain a shining beacon 
of much hope for people around the world, and under the bill we will 
remain so.
  However, Mr. Chairman, we have gone too far. We have a very serious 
problem that is out of control with regard to illegal immigration and 
we have a legal immigration problem in this country that is badly in 
need of reform. This bill goes in tremendous strides to taking care of 
that problem. It is vitally important that we keep both of those 
aspects together in this bill. Legal immigration and illegal 
immigration are related to each other in so many ways. It is vitally 
important that we keep both in mind as we work to reform this very 
important process.
  Mr. Chairman, we do a number of things to crack down on illegal 
immigration, which the Immigration Service says now numbers more than 4 
million people in this country without authorization. I would suggest 
that that estimate is very, very low, based upon my experience. This is 
a problem that covers every aspect of our country. This bill increases 
border enforcement agents, it increases barriers at the border, it 
increases penalties for alien smuggling, it increases penalties for 
document fraud, a serious problem with people who enter legally but 
then get fraudulent documents to remain here.
  It has provisions to expedite the removal of deportable aliens. It 
has the authority for the Attorney General to designate to State and 
local governments the ability to assist in apprehending those who are 
illegally here. It has a very excellent employer verification program.
  I will support the amendment that makes that mandatory on a trial 
basis in five of the seven States that have the largest problem with 
illegal immigration. This bill reforms our agricultural worker program, 
and it has restrictions on benefits to aliens. It is an outstanding 
bill. I encourage all Members of the House to support it.
  Ms. HARMAN. Mr. Chairman, the people of my district have been sending 
a strong message since the day I first took office: Stop illegal 
immigration. I have been listening carefully. I was a member of the 
bipartisan House task force on immigration which made many of the 
recommendations on which H.R. 2202 is based. That's why I rise today in 
support of H.R. 2202, which will give the Federal Government the tools 
necessary to take control of illegal immigration.
  The long history of this issue demonstrates that we cannot stop 
illegal immigration without firmer controls on our borders. The bill 
before us does so. It gives the Border Patrol the resources necessary 
to cut down illegal border crossings by adding 5,000 new agents by the 
end of the century. It also equips Border Patrol officers with the 
equipment and technology they need to stem the flow of illegal entrants 
and to outfox the increasingly sophisticated alien smuggling rings 
which bring thousands of illegal aliens to our country each year.
  H.R. 2202 also gives the Immigration and Naturalization Service new 
tools to identify and deport the large proportion of illegal aliens who 
come here legally but brazenly overstay their visas in order to obtain 
American jobs.
  But  in order to truly address the issue of illegal immigration, we 
must also take a hard look at what entices citizens of other nations to 
skirt our laws and enter our country illicitly. An effective policy to 
deter illegal immigration must counter the attraction of American jobs 
and benefits. It must find ways to make it virtually impossible for 
anyone to come to the United States illegally and expect to earn an 
income.
  This bill is an important first step in implementing such a policy. 
It is strong on workplace enforcement, levying heavy fines on those 
employers who prefer to hire cheap undocumented workers at the expense 
of American labor and in violation of the law. It also provides new 
eligibility verification programs and improved identification documents 
to keep undocumented workers from obtaining employment and to protect 
the vast majority of American businesses who would never willingly hire 
an undocumented worker. In addition, it creates new anticounterfeiting 
laws to crack down on those who would profit from attempts to skirt 
worker-verification laws.
  Mr. Chairman, the strong curbs on illegal immigration that this bill 
would put in place are of critical importance to the people of my 
district, to southern California, and to the Nation.
  I urge my colleagues to reject attempts to weigh this bill down with 
new guestworker programs and, as the daughter of immigrants, I strongly 
urge the House to reject poorly thoughtout caps on legal immigration.
  We must act on illegal immigration, and we must act today. It's 
important to the success of our efforts that we do it the right way.
  Mr. WELDON of Florida. Mr. Chairman, this bill benefits American 
families, workers, and taxpayers by reducing illegal immigration and 
reforming legal immigration. We live in a nation built upon the very 
principle of immigration and open borders. However, the generosity of 
this great Nation has been abused and those violating and abusing our 
laws have made a mockery of them.
  Our Nation has always welcomed legal immigrants that contribute to 
our society, and nothing will change with this bill. H.R. 2202 will 
reign in problems that are spiraling out of control. As we debate this 
bill, illegal aliens comprise one-fourth of our Federal prison 
population. And 2 million illegal aliens--one-half of the estimated 4 
million illegal aliens in the country--use fraudulent documents to 
illegally obtain jobs and benefits. These jobs and benefits come 
straight out of the taxpayers' pockets, costing them billions. This is 
simply unacceptable. Illegal aliens are draining our scarce national 
resources.
  There has been much debate over the content of legal immigration 
reform in this bill. I feel strongly that we must keep legal 
immigration as a part of this measure, especially since much of the 
illegal immigration is driven by problems in the legal immigration 
system. The American people support legal immigration reform--in fact, 
a recent Teeter poll shows that people support a 5-year ban on illegal 
and legal immigration. Now, this bill does not ban legal immigration, 
but it does significantly reform it. We cannot ignore the wishes of the 
American people as we consider this important legislation. We have a 
responsibility to reform these laws and we must not shrink from it.
  H.R. 2202 is supported by a diverse coalition of organization across 
the country and cuts across all political, religious, racial, and 
socioeconomic lines. We must not ignore this strong message from the 
American people. Support immigration reform and support H.R. 2202.
  Mrs. MEYERS of Kansas. Mr. Speaker, I rise in strong support of this 
bill. As an American, I feel extremely proud to live in a society that 
serves as such a beacon of light to the world that millions of people 
are willing to risk everything to come and live here. But, as a 
society, we cannot have an immigration policy geared solely to the 
desires of those who wish to come here to better their lives. We must 
also take into account the needs and desires of the people who live 
here already, and develop an immigration policy that is geared toward 
what is best for America. After all, the number of people around the 
world who would like to move to America if they could, probably numbers 
in the hundreds of millions. We obviously can't let them all in.
  In the last 30 years since the passage of the 1965 Immigration Act, 
more than 18 million legal immigrants have come to this country. This 
is 30 percent of all the immigration to the United States since the 
settlement of Jamestown in 1607. This great wave of immigration has 
occurred not when there was a vast, unoccupied continent to populate, 
but when our country was already the fourth (and now the third) most 
populated country in the world. China is No. 1, and India is No. 2. The 
Soviet Union, when it existed was No. 3.
  There is a legitimate debate about what the Nation's needs are 
concerning immigration. However, there can be no doubt about what the 
desires of the American people are. An overwhelming majority--between 
74 and 82 percent according to polls--of the American people want to 
see immigration significantly reduced. As elected leaders in a 
representative democracy, we have the obligation to take that degree of 
sentiment into account when forming policy.
  So what are our Nation's needs concerning immigration? Is immigration 
really necessary?

[[Page H2398]]

America certainly doesn't have the same need for immigration that it 
did in the 19th century, that of rolling back the frontier and 
supplying the labor force for a rapidly industrializing economy.
  For the United States, immigration is not a necessity. Some say that 
they do the tough, less desirable jobs that Americans won't. But if the 
immigrants weren't here, does anyone really think we would simply let 
those jobs go undone?
  Then there is the argument that we need foreign scientists and 
technicians to make up for the lack of Americans who have the necessary 
skills. Now one thing that comes immediately to mind is that Japan 
doesn't appear to have a lack of skilled engineers and scientists, 
despite no immigration. How much of this supposed shortfall could be 
fixed by tracking more American students into technical fields and 
fixing our educational system so that our students are actually taught 
science and math rather than self-esteem and multiculturalism? Finally, 
there are recent studies that indicate that there is actually an 
oversupply of engineers and scientists in the United States caused by 
immigration, and that computer professionals laid-off from defense 
contractors can't get new jobs because companies would rather hire 
immigrants for less.
  We must recognize that our current immigration law is not geared 
toward skilled immigrants but rather toward what is called family 
reunification. Less than one-fifth of legal immigrants are admitted to 
this country for employment purposes, and the immigration reform 
legislation pending would not reduce employment-related immigration 
significantly. Under current law, an immigrant's chances of coming to 
America are much more likely to be based on who he knows rather than 
what he knows. Spouses, adult children, and siblings of immigrants all 
get preference over immigrants with skills and no relatives. There are 
some countries where the family preference backlog is 16 years, or 
more. In those countries, it's virtually impossible for an employment-
based immigrant to get a visa. In fact, our family reunification policy 
allows a sibling to immigrate, go back to the old country to marry, and 
bring that spouse to this country, reunifying a family that was never 
disunited.
  In closing, I would like to say that our decision on immigration 
should be based on what is likely to cause the least harm to our Nation 
if the decision we make turns out to be wrong, and how easy or 
difficult the mistake would be to correct. If we cut back on 
immigration too sharply, we would eventually discover that we were 
starting to experience a labor shortage. We would see that wages for 
certain kinds of jobs were increasing. And we could improve our 
educational facilities so that enough native-born Americans acquire the 
needed skills to fill the important ones. Besides, it's easy to let a 
few more immigrants in if we have to. But, if it turns out we are 
letting in too many immigrants, how will we deal with exploding public 
assistance rolls, ethnic strife, and environmental degradation? It 
won't be quite as easy to make people leave. Please join me in 
supporting H.R. 2202.
  I would like to congratulate Mr. Smith who has worked with everyone 
to develop a workable bill; and also Mr. Gallegly who has been working 
consistently during his 10 years in the House and is Chair of the task 
force on immigration.
  Mr. BEREUTER. Mr. Chairman, as an original cosponsor of H.R. 2202, 
the Immigration in the National Interest Act, this Member rises in the 
strongest possible support of this important legislative proposal.
  Mr. Chairman, the current U.S. immigration system is urgently in need 
of reform. It is inconsistent with the needs and capabilities of 
American society, and the citizens of this country know it first-hand. 
For the last 20 years, countless surveys taken on immigration reform 
have shown that the vast majority of Americans have consistently 
supported efforts to reform this country's antiquated immigration 
laws--95 percent of those who responded to a recent questionnaire sent 
to this Member's constituency agreed that border officials should be 
given more resources to crack down on illegal immigration.
  While this Member fully realizes the contributions of legal 
immigration on this State and the Nation, he also agrees with the 
American people that serious immigration reform is needed. An 
immigration system that burdens public assistance programs and that 
allows illegal workers to enter the American job market is a system 
that cannot be supported by the American taxpayer or the American 
worker. Furthermore, Mr. Speaker, an immigration system with an 
official backlog of well over 1 million individuals seeking to legally 
gain citizenship in this country is a system that keeps families apart 
for undue lengths of time and encourages illegal immigration.
  On the issue of refugee admissions, Mr. Chairman, this Member urges 
his colleagues not to be fooled by the alarmist rhetoric surrounding 
this debate.The refugee admissions provision of this act is consistent 
with the recommendations of the bipartisan U.S. Commission on 
Immigration Reform, chaired by the late distinguished Member from 
Texas, Ms. Barbara Jordan.
  Moreover, contrary to what some people contend, the refugee levels in 
the bill are totally consistent with projected refugee levels. The 
Immigration in the National Interest Act sets refugee admissions at a 
target level of 75,000 for 1997 and 50,000 per year thereafter.
  What H.R. 2202 does, Mr. Chairman, is very simply to restore the 
Congressional prerogative in establishing American refugee policy, 
including in the area of annual admission numbers. While the bill 
precludes unilateral increases by the executive branch in determining 
refugees admissions, it nevertheless gives the President sufficient 
flexibility to meet humanitarian emergencies by admitting additional 
refugees. The legislation underscores an important principle contained 
in the recommendations of the Immigration Commission: That is, that the 
United States cannot abandon its commitment to resettle refugees as a 
key element of the international system to protect the persecuted. H.R. 
2202 honors that commitment, Mr. Chairman, in a compassionate and 
balanced manner.
  This Member urges his colleagues to oppose any effort to diminish the 
legislative role in setting refugee admissions policy and to retain the 
refugee provisions in the bill. The Immigration in the National 
Interest Act will ensure that refugee admissions will be maintained at 
reasonable levels and that Congress will maintain its role in the 
admissions process.
  This Member would like to offer the most enthusiastic commendations 
to the chairman of the subcommittee on Immigration and Claims, the 
distinguished gentleman from Texas [Mr. Smith], for his steadfast 
efforts to bring comprehensive immigration reform legislation before 
the House and to see it enacted. Mr. Chairman, H.R, 2202 would take 
appropriate steps toward reforming U.S. immigration laws so that they 
reflect the interests and common sense of the American people.
  Mr. STUMP. Mr. Chairman, as a strong advocate of immigration reform, 
I am extremely pleased that the House has turned its attention to an 
issue that has a growing impact on our lives and is very important to 
those we represent. Due to the hard work and perseverance of our 
colleague, Representative Lamar Smith, we are considering a sweeping 
bill that contains strong deterrents to illegal immigration, reduces 
legal immigration levels, and improves the priorities of legal 
immigration admission. This bill, the Immigration in the National 
Interest Act (H.R. 2202), takes an important step toward returning our 
immigration policies to their original intent: to serve our national 
interest and make America a better place for citizens and immigrants 
alike. I commend Representative Smith for his willingness to confront 
this complex and emotionally charged issue.
  As with any public policy debate, a thorough understanding of the 
subject's history is essential to thoughtful and productive discussion. 
This is particularly true with legal immigration. Unfortunately, those 
who oppose immigration reform frequently invoke the unjust argument 
that reform violates the tradition of immigration and disparages the 
contributions immigrants have made to our society. Such assertions 
irrationally and unfairly shift the immigration debate from immigration 
policy to immigrants themselves. Immigrants who come in this country 
legally are not to blame for the problems associated with immigration. 
The problems stem from a bad immigration policy that allows for 
unmanageable levels of immigrants. Under a well-regulated immigration 
system, immigrants can and will continue to make great contributions to 
our country.
  Mr. Chairman, current immigration policy can hardly be called 
traditional. To the contrary, our current policy flouts immigration 
tradition. Before 1965, immigration numbers went through surges and 
lulls every few years. These lulls allowed for assimilation, enhancing 
the ability of immigrants to reach educational and economic parity with 
citizens. Since 1965, there have been no lulls, only a steep climb. 
From the founding of our Nation in 1776 until 1965, immigration 
traditionally averaged 230,000 people a year. Abruptly, in the 1970's 
and 1980's, immigration escalated above the traditional level of 
230,000 to more than 500,000 a year. In the 1990's, immigration has 
been running around 1 million a year.
  Largely to blame for this persistent swell in immigration is a series 
of ill-conceived amendments to our immigration laws, beginning in 1965. 
The most notable repercussions of the amendments are chain migration, 
huge backlogs of immigrants waiting to come to the United States, 
extended family reunification at the expense of nuclear families, and 
illegal immigration. The mass immigration fueled by these adverse 
changes to our immigration policy has resulted in overwhelmed public 
benefit programs, overcrowded schools, hospitals and prisons, and 
created undue job competition and language barriers. Moreover, our out-
of-

[[Page H2399]]

control immigration system places an enormous burden on American 
taxpayers. Recent analyses by the Center for Immigration Studies have 
concluded that immigrants cost us at least $30 billion per year. I 
strongly encourage my colleagues to keep these points in mind as we 
debate this bill.
  As for illegal immigration, H.R. 2202 will help restore integrity to 
our borders and send a strong message to those who would defy our 
immigration laws that their actions will not be tolerated. I am 
particularly encouraged by the bill's provisions to reform asylum, 
increase border security, and eliminate the welfare magnet that draws 
aliens across the border illegally. In fact, I have sponsored 
legislation that mirrors these provisions. The only essential element I 
find missing from the bill is a provision to end automatic-birthright 
citizenship, and I look forward to future debate on this issue. 
Clearly, H.R. 2202 is the product of an extensive analysis of the 
defects in our laws that drive illegal immigration. It is my most 
sincere hope that as this bill moves through the legislative process, 
these provisions are not weakened.
  While I support the bill's anti-illegal immigration components, I 
must admit that I am not as enthusiastic about its reforms of legal 
immigration. Without question, it is an improvement over our current 
system. However, by his own admission, Representative Smith's bill will 
permit higher legal immigration levels than during 65 of the past 70 
years, or more than 700,000 legal immigrants per year. This is just a 
modest cut from the 1994 legal immigration level of about 800,000. As 
the sponsor of legislation to place a limited, temporary moratorium on 
legal immigration that would reduce immigration to a more historic 
level, I cannot completely endorse the bill before us. I believe that 
the legal immigration levels in H.R. 2202 are too high to efficiently 
curb the country's immigration-related problems. In addition, the 
levels in the bill do not accurately reflect the views of most 
Americans who favor a more moderate flow of immigration. As an example, 
a recent Roper poll of people across the country showed that 70 percent 
of all respondents support a level of immigration below 300,000 per 
year. According to the poll, this view is supported by 52 percent of 
Hispanics, 73 percent of blacks, 72 percent of conservatives, 71 
percent of moderates, 66 percent of liberals, 72 percent of Democrats, 
and 70 percent of Republicans. In view of this data and a host of 
similar immigration polls that are as compelling, H.R. 2202 does not 
completely respond to the public's concerns about immigration. 
Consequently, I will continue my efforts on behalf of lower, more 
manageable immigration levels.
  Mr. Chairman, immigration is beneficial and practical only when it is 
governed by sensible, clearly defined goals that are suited to our 
Nation's interests and needs. Regrettably, our current system lacks 
such goals. I fear that if we allow our dysfunctional immigration 
policies to continue, the positive aspects of immigration will be 
forgotten and immigration will be viewed as chaotic and destructive to 
the well being of our country. I strongly urge my colleagues to support 
immigration reform.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill, modified by the amendment printed in part 1 of 
House Report 104-483, is considered as an original bill for the purpose 
of amendment and is considered as having been read.
  The text of the amendment in the nature of a substitute, as modified, 
is as follows:

                               H.R. 2202

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

     SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND 
                   NATIONALITY ACT; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Immigration in the National Interest Act of 1995''.
       (b) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided--
       (1) whenever in this Act an amendment or repeal is 
     expressed as the amendment or repeal of a section or other 
     provision, the reference shall be considered to be made to 
     that section or provision in the Immigration and Nationality 
     Act, and
       (2) amendments to a section or other provision are to such 
     section or other provision as in effect on the date of the 
     enactment of this Act and before any amendment made to such 
     section or other provision elsewhere in this Act.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
              table of contents.

  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States 
              unlawfully.
Sec. 107. Inservice training for the border patrol.

                       Subtitle B--Pilot Programs

Sec. 111. Pilot program on interior repatriation.
Sec. 112. Pilot program on use of closed military bases for the 
              detention of inadmissible or deportable aliens.
Sec. 113. Pilot program to collect records of departing passengers.

                    Subtitle C--Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of Assistant United States Attorneys.
Sec. 205. Undercover investigation authority.

                Subtitle B--Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of 
              government-issued documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents and for 
              preparing immigration documents without authorization.
Sec. 214. New criminal penalties for failure to disclose role as 
              preparer of false application for asylum and for 
              preparing certain post-conviction applications.
Sec. 215. Criminal penalty for knowingly presenting document which 
              fails to contain reasonable basis in law or fact.
Sec. 216. Criminal penalties for false claim to citizenship.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without 
              authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible 
              arriving aliens; referral for hearing (revised section 
              235).
Sec. 303. Apprehension and detention of aliens not lawfully in the 
              United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment 
              of status; voluntary departure (revised and new sections 
              239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 
              241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; 
              additional conforming amendments.
Sec. 309. Effective dates; transition.

                Subtitle B--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321. Removal procedures for alien terrorists.

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
              to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.''
Sec. 322. Funding for detention and removal of alien terrorists.

   Part 2--Inadmissibility and Denial of Relief for Alien Terrorists

Sec. 331. Membership in terrorist organization as ground of 
              inadmissibility.
Sec. 332. Denial of relief for alien terrorists.

 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

Sec. 341. Definition of stowaway.

[[Page H2400]]

Sec. 342. List of alien and citizen passengers arriving.

                   Subtitle D--Additional Provisions

Sec. 351. Definition of conviction.
Sec. 352. Immigration judges and compensation.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Use of retired Federal employees for institutional hearing 
              program.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, 
              and passport and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain 
              section 274C violators.
Sec. 363. Authorizing registration of aliens on criminal probation or 
              criminal parole.
Sec. 364. Confidentiality provision for certain alien battered spouses 
              and children.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401. Pilot program for voluntary use of employment eligibility 
              confirmation process.
Sec. 402. Limiting liability for certain technical violations of 
              paperwork requirements.
Sec. 403. Paperwork and other changes in the employer sanctions 
              program.
Sec. 404. Strengthened enforcement of the employer sanctions 
              provisions.
Sec. 405. Reports on earnings of aliens not authorized to work.
Sec. 406. Authorizing maintenance of certain information on aliens.
Sec. 407. Unfair immigration-related employment practices.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500. Overview of new legal immigration system.

                 Subtitle A--Worldwide Numerical Limits

Sec. 501. Worldwide numerical limitation on family-sponsored 
              immigrants.
Sec. 502. Worldwide numerical limitation on employment-based 
              immigrants.
Sec. 503. Worldwide numerical limitation on diversity immigrants.
Sec. 504. Establishment of numerical limitation on humanitarian 
              immigrants.
Sec. 505. Requiring congressional review and reauthorization of 
              worldwide levels every 5 years.

                Subtitle B--Changes in Preference System

Sec. 511. Limitation of immediate relatives to spouses and children.
Sec. 512. Change in family-sponsored classification.
Sec. 513. Change in employment-based classification.
Sec. 514. Changes in diversity immigrant program.
Sec. 515. Authorization to require periodic confirmation of 
              classification petitions.
Sec. 516. Changes in special immigrant status.
Sec. 517. Requirements for removal of conditional status of 
              entrepreneurs.
Sec. 518. Adult disabled children.
Sec. 519. Miscellaneous conforming amendments.

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.
Sec. 522. Persecution for resistance to coercive population control 
              methods.
Sec. 523. Parole available only on a case-by-case basis for 
              humanitarian reasons or significant public benefit.
Sec. 524. Admission of humanitarian immigrants.

                       Subtitle D--Asylum Reform

Sec. 531. Asylum reform.
Sec. 532. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 533. Increased resources for reducing asylum application backlogs.

       Subtitle E--General Effective Date; Transition Provisions

Sec. 551. General effective date.
Sec. 552. General transition for current classification petitions.
Sec. 553. Special transition for certain backlogged spouses and 
              children of lawful permanent resident aliens.
Sec. 554. Special treatment of certain disadvantaged family first 
              preference immigrants.
Sec. 555. Authorization of reimbursement of petitioners for eliminated 
              family-sponsored categories.

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and 
              immigration.

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   Part 1--Public Benefits Generally

Sec. 601. Making illegal aliens ineligible for public assistance, 
              contracts, and licenses.
Sec. 602. Making unauthorized aliens ineligible for unemployment 
              benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services 
              exception.
Sec. 605. Report on disqualification of illegal aliens from housing 
              assistance programs.
Sec. 606. Verification of student eligibility for postsecondary Federal 
              student financial assistance.
Sec. 607. Payment of public assistance benefits.
Sec. 608. Definitions.
Sec. 609. Regulations and effective dates.

                    Part 2--Earned Income Tax Credit

Sec. 611. Earned income tax credit denied to individuals not authorized 
              to be employed in the United States.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.

      Subtitle C--Attribution of Income and Affidavits of Support

Sec. 631. Attribution of sponsor's income and resources to family-
              sponsored immigrants.
Sec. 632. Requirements for sponsor's affidavit of support.

                 TITLE VII--FACILITATION OF LEGAL ENTRY

Sec. 701. Additional land border inspectors; infrastructure 
              improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent 
              documents.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

Sec. 801. Nonimmigrant status for spouses and children of members of 
              the Armed Services.
Sec. 802. Amended definition of aggravated felony.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application 
              for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H-1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not 
              lawfully present in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Change of nonimmigrant classification.

                      Subtitle B--Other Provisions

Sec. 831. Commission report on fraud associated with birth 
              certificates.
Sec. 832. Uniform vital statistics.
Sec. 833. Communication between State and local government agencies, 
              and the Immigration and Naturalization Service.
Sec. 834. Criminal alien reimbursement costs.
Sec. 835. Female genital mutilation.
Sec. 836. Designation of Portugal as a visa waiver pilot program 
              country with probationary status.

                   Subtitle C--Technical Corrections

Sec. 851. Miscellaneous technical corrections.
  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT
               Subtitle A--Improved Enforcement at Border

     SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

       (a) Increased Number of Border Patrol Positions.--The 
     number of border patrol agents shall be increased, for each 
     fiscal year beginning with the fiscal year 1996 and ending 
     with the fiscal year 2000, by 1,000 full-time equivalent 
     positions above the number of equivalent positions as of 
     September 30, 1994.
       (b) Increase in Support Personnel.--The number of full-time 
     support positions for personnel in support of border 
     enforcement, investigation, detention and deportation, 
     intelligence, information and records, legal proceedings, and 
     management and administration in the Immigration and 
     Naturalization Service shall be increased, beginning with 
     fiscal year 1996, by 800 positions above the number of 
     equivalent positions as of September 30, 1994.
       (c) Deployment of New Border Patrol Agents.--The Attorney 
     General shall, to the maximum extent practicable, ensure that 
     the border patrol agents hired pursuant to subsection (a) 
     shall--
       (1) be deployed among the various Immigration and 
     Naturalization Service sectors in proportion to the level of 
     illegal crossing of the borders of the United States measured 
     in each sector during the preceding fiscal year and 
     reasonably anticipated in the next fiscal year, and
       (2) be actively engaged in law enforcement activities 
     related to such illegal crossings.

     SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

       (a) In General.--The Attorney General, in consultation with 
     the Commissioner of the Immigration and Naturalization 
     Service, shall take such actions as may be necessary to 
     install additional physical barriers and roads (including the 
     removal of obstacles to detection of illegal entrants) in the 
     vicinity of the United States border to deter illegal 
     crossings in areas of high illegal entry into the United 
     States.
       (b) Construction of Fencing and Road Improvements in the 
     Border Area Near San Diego, California.--
       (1) In general.--In carrying out subsection (a), the 
     Attorney General shall provide for the construction along the 
     14 miles of the international land border of the United 
     States, starting at the Pacific Ocean and extending eastward, 
     of second and third fences, in addition to

[[Page H2401]]

     the existing reinforced fence, and for roads between the 
     fences.
       (2) Prompt acquisition of necessary easements.--The 
     Attorney General shall promptly acquire such easements as may 
     be necessary to carry out this subsection and shall commence 
     construction of fences immediately following such acquisition 
     (or conclusion of portions thereof).
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection not to exceed 
     $12,000,000. Amounts appropriated under this paragraph are 
     authorized to remain available until expended.
       (c) Waiver.--The provisions of the Endangered Species Act 
     of 1973 are waived to the extent the Attorney General 
     determines necessary to assure expeditious construction of 
     the barriers and roads under this section.
       (d) Forward Deployment.--
       (1) In general.--The Attorney General shall forward deploy 
     existing border patrol agents in those areas of the border 
     identified as areas of high illegal entry into the United 
     States in order to provide a uniform and visible deterrent to 
     illegal entry on a continuing basis.
       (2) Report.--By not later than 6 months after the date of 
     the enactment of this Act, the Attorney General shall submit 
     to the appropriate committees of Congress a report on the 
     progress and effectiveness of such forward deployments.

     SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

       The Attorney General is authorized to acquire and utilize, 
     for the purpose of detection, interdiction, and reduction of 
     illegal immigration into the United States, any Federal 
     equipment (including fixed wing aircraft, helicopters, four-
     wheel drive vehicles, sedans, night vision goggles, night 
     vision scopes, and sensor units) determined available for 
     transfer by any other agency of the Federal Government upon 
     request of the Attorney General.

     SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

       (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is 
     amended by adding at the end the following: ``Such 
     regulations shall provide that (A) each such document include 
     a biometric identifier (such as the fingerprint or handprint 
     of the alien) that is machine readable and (B) an alien 
     presenting a border crossing identification card is not 
     permitted to cross over the border into the United States 
     unless the biometric identifier contained on the card matches 
     the appropriate biometric characteristic of the alien.''.
       (b) Effective Dates.--
       (1) Clause (A) of the sentence added by the amendment made 
     by subsection (a) shall apply to documents issued on or after 
     6 months after the date of the enactment of this Act.
       (2) Clause (B) of such sentence shall apply to cards 
     presented on or after 3 years after the date of the enactment 
     of this Act.
       (c) Report.--Not later than one year after the 
     implementation of clause (A) of the sentence added by the 
     amendment made by subsection (a) the Attorney General shall 
     submit to Congress a report on the impact of such clause on 
     border crossing activities.

     SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

       (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively, and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Any alien who is apprehended while entering (or 
     attempting to enter) the United States at a time or place 
     other than as designated by immigration officers shall be 
     subject to a civil penalty of--
       ``(1) at least $50 and not more than $250 for each such 
     entry (or attempted entry), or
       ``(2) twice the amount specified in paragraph (1) in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subsection.
     Civil penalties under this subsection are in addition to, and 
     not in lieu of, any criminal or other civil penalties that 
     may be imposed.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to illegal entries or attempts to enter occurring 
     on or after the first day of the sixth month beginning after 
     the date of the enactment of this Act.

     SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE 
                   UNITED STATES UNLAWFULLY.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary to provide for detention and prosecution of each 
     alien who commits an act that constitutes a violation of 
     section 275(a) of the Immigration and Nationality Act if the 
     alien has committed such an act on two previous occasions. 
     Funds appropriated pursuant to this subsection are authorized 
     to remain available until expended.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Attorney General should use available resources to assure 
     detention and prosecution of aliens in the cases described in 
     subsection (a).

     SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

       (a) Requirement.--Section 103 (8 U.S.C. 1103) is amended by 
     adding at the end the following new subsection:
       ``(e)(1) The Attorney General shall continue to provide for 
     such programs (including intensive language training 
     programs) of inservice training for full-time and part-time 
     personnel of the Border Patrol in contact with the public as 
     will familiarize the personnel with the rights and varied 
     cultural backgrounds of aliens and citizens in order to 
     ensure and safeguard the constitutional and civil rights, 
     personal safety, and human dignity of all individuals, aliens 
     as well as citizens, within the jurisdiction of the United 
     States with whom such personnel have contact in their work.
       ``(2) The Attorney General shall provide that the annual 
     report of the Service include a description of steps taken to 
     carry out paragraph (1).''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary for fiscal year 1996 to carry out the inservice 
     training described in section 103(e)(1) of the Immigration 
     and Nationality Act. The funds appropriated pursuant to this 
     subsection are authorized to remain available until expended.
                       Subtitle B--Pilot Programs

     SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

       (a) Establishment.--Not later than 120 days after the date 
     of the enactment of this Act, the Attorney General, after 
     consultation with the Secretary of State, shall establish a 
     pilot program for up to 2 years which provides for methods to 
     deter multiple illegal entries by aliens into the United 
     States. The pilot program may include the development and use 
     of interior repatriation, third country repatriation, and 
     other disincentives for multiple illegal entries into the 
     United States.
       (b) Report.--Not later than 30 months after the date of the 
     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. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR 
                   THE DETENTION OF INADMISSIBLE OR DEPORTABLE 
                   ALIENS.

       (a) Establishment.--The Attorney General and the Secretary 
     of Defense shall establish one or more pilot programs for up 
     to 2 years each to determine the feasibility of the use of 
     military bases available because of actions under a base 
     closure law as detention centers by the Immigration and 
     Naturalization Service.
       (b) Report.--Not later than 30 months after the date of the 
     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, and the Committees on Armed Services of 
     the House of Representatives and of the Senate, on the 
     feasibility of using military bases closed under a base 
     closure law as detention centers by the Immigration and 
     Naturalization Service.
       (c) Definition.--For purposes of this section, the term 
     ``base closure law'' means each of the following:
       (1) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).
       (2) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       (3) Section 2687 of title 10, United States Code.
       (4) Any other similar law enacted after the date of the 
     enactment of this Act.

     SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING 
                   PASSENGERS.

       (a) Establishment.--The Commissioner of the Immigration and 
     Naturalization Service shall, within 180 days after the date 
     of the enactment of this Act, establish a pilot program in 
     which officers of the Service collect a record of departure 
     for every alien departing the United States and match the 
     records of departure with the record of the alien's arrival 
     in the United States. The program shall be operated in as 
     many air ports of entry as is deemed appropriate, but at no 
     less than 3 of the 5 air ports of entry with the heaviest 
     volume of incoming traffic from foreign territories.
       (b) Report.--
       (1) Deadline.--The Commissioner shall submit a report to 
     Congress not later than 2 years after the date the pilot 
     program is implemented under subsection (a).
       (2) Information.--The report shall include the following 
     information for each participating port of entry:
       (A) The number of departure records collected, with an 
     accounting by country of nationality of the departing alien.
       (B) The number of departure records that were successfully 
     matched to records of the alien's prior arrival in the United 
     States, with an accounting by the alien's country of 
     nationality and by the alien's classification as an immigrant 
     or nonimmigrant.
       (C) The number of aliens who arrived at the port of entry 
     as nonimmigrants, or as a visitor under the visa waiver 
     program under section 217 of the Immigration and Nationality 
     Act, for whom no matching departure record has been obtained 
     through the pilot program or through other means, with an 
     accounting by the alien's country of nationality and date of 
     arrival in the United States.
       (D) The estimated cost of establishing a national system to 
     verify the departure from the United States of aliens 
     admitted temporarily as nonimmigrants.
       (3) Recommendations.--The report also shall include 
     specific recommendations for implementation of the pilot 
     program on a permanent basis.
       (c) Use of Information on Visa Overstays.--Information on 
     instances of visa overstay identified through the pilot 
     program shall be integrated into appropriate data bases of 
     the Immigration and Naturalization Service and the Department 
     of State, including those used at ports of entry and at 
     consular offices.

[[Page H2402]]

                    Subtitle C--Interior Enforcement

     SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.

       Subject to the availability of appropriations, the Attorney 
     General shall provide for an increase in the number of 
     investigators and enforcement personnel of the Immigration 
     and Naturalization Service who are deployed in the interior 
     so that the number of such personnel is adequate properly to 
     investigate violations of, and to enforce, immigration laws.
 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD
 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

     SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING 
                   INVESTIGATIONS.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (n),
       (2) by redesignating paragraph (o) as paragraph (p), and
       (3) by inserting after paragraph (n) the following new 
     paragraph:
       ``(o)(1) 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) of this title; or
       ``(2) a violation of section 274, 277, or 278 of the 
     Immigration and Nationality Act (relating to the smuggling of 
     aliens); or''.

     SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by inserting ``section 1028 (relating to fraud and 
     related activity in connection with identification 
     documents),'' before ``section 1029'';
       (2) by inserting ``section 1542 (relating to false 
     statement in application and use of passport), section 1543 
     (relating to forgery or false use of passport), section 1544 
     (relating to misuse of passport), section 1546 (relating to 
     fraud and misuse of visas, permits, and other documents), 
     sections 1581-1588 (relating to peonage and slavery),'' after 
     ``section 1513 (relating to retaliating against a witness, 
     victim, or an informant),'';
       (3) by striking ``or'' before ``(E)''; and
       (4) by inserting before the period at the end the 
     following: ``, or (F) any act which is indictable under the 
     Immigration and Nationality Act, section 274 (relating to 
     bringing in and harboring certain aliens), section 277 
     (relating to aiding or assisting certain aliens to enter the 
     United States), or section 278 (relating to importation of 
     alien for immoral purpose)''.

     SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

       (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is 
     amended--
       (1) in subparagraph (B)(i), by inserting ``or in the case 
     of a violation of subparagraph (A)(ii), (iii), or (iv) in 
     which the offense was done for the purpose of commercial 
     advantage or private financial gain'' after ``subparagraph 
     (A)(i)'', and
       (2) by adding at the end the following new subparagraph:
       ``(C) Any person who engages in any conspiracy to commit, 
     or aids or abets the commission of, any of the acts described 
     in--
       ``(i) subparagraph (A)(i) shall be fined under title 18, 
     United States Code, imprisoned not more than 10 years, or 
     both; or
       ``(ii) clause (ii), (iii), or (iv) of subparagraph (A) 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 5 years, or both.''.
       (b) Smuggling of Aliens Who Will Commit Crimes.--Section 
     274(a)(2) (8 U.S.C. 1324(a)(2)) is amended--
       (1) in subparagraph (B)--
       (A) by striking ``or'' at the end of clause (ii),
       (B) by adding ``or'' at the end of clause (iii), and
       (C) by inserting after clause (iii) the following:
       ``(iv) 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) by striking ``be fined'' and all that follows through 
     the final period at the end and inserting the following: ``be 
     fined under title 18, United States Code, and shall be 
     imprisoned not less than 3 years or more than 10 years.''.
       (c) Applying Certain Penalties on a Per Alien Basis.--
     Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by 
     striking ``for each transaction constituting a violation of 
     this paragraph, regardless of the number of aliens involved'' 
     and inserting ``for each alien in respect to whom a violation 
     of this paragraph occurs''.

     SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES 
                   ATTORNEYS.

       (a) In General.--The number of Assistant United States 
     Attorneys employed by the Department of Justice for the 
     fiscal year 1996 shall be increased by 25 above the number of 
     Assistant United States Attorneys that were authorized to be 
     employed as of September 30, 1994.
       (b) Assignment.--Individuals employed to fill the 
     additional positions described in subsection (a) shall be 
     specially trained to be used for the prosecution of persons 
     who bring into the United States or harbor illegal aliens, 
     fraud, and other criminal statutes involving illegal aliens.

     SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

       (a) In General.--Title II is amended by adding at the end 
     the following new section:


                  ``undercover investigation authority

       ``Sec. 294. (a) In General.--With respect to any undercover 
     investigative operation of the Service which is necessary for 
     the detection and prosecution of crimes against the United 
     States--
       ``(1) sums appropriated for the Service may be used for 
     leasing space within the United States and the territories 
     and possessions of the United States without regard to the 
     following provisions of law:
       ``(A) section 3679(a) of the Revised Statutes (31 U.S.C. 
     1341),
       ``(B) section 3732(a) of the Revised Statutes (41 U.S.C. 
     11(a)),
       ``(C) section 305 of the Act of June 30, 1949 (63 Stat. 
     396; 41 U.S.C. 255),
       ``(D) the third undesignated paragraph under the heading 
     `Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40 
     U.S.C. 34),
       ``(E) section 3648 of the Revised Statutes (31 U.S.C. 
     3324),
       ``(F) section 3741 of the Revised Statutes (41 U.S.C. 22), 
     and
       ``(G) 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 appropriated for the Service 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 appropriated for the Service, and the proceeds 
     from the undercover operation, may be deposited in banks or 
     other financial institutions without regard to the provisions 
     of section 648 of title 18, United States Code, and of 
     section 3639 of the Revised Statutes (31 U.S.C. 3302); and
       ``(4) the proceeds from the 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 authority set forth in this subsection may be exercised 
     only upon written certification of the Commissioner, in 
     consultation with the Deputy Attorney General, that any 
     action authorized by paragraph (1), (2), (3), or (4) is 
     necessary for the conduct of the undercover operation.
       ``(b) Disposition of Proceeds No Longer Required.--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 the operation, the proceeds or the balance of the 
     proceeds remaining at the time shall be deposited into the 
     Treasury of the United States as miscellaneous receipts.
       ``(c) Disposition of Certain Corporations and Business 
     Entities.--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 Service, 
     as much in advance as the Commissioner or Commissioner's 
     designee determines 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) Financial Audits.--The 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.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 293 the 
     following:

``Sec. 294. Undercover investigation authority.''.
                Subtitle B--Deterrence of Document Fraud

     SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
                   GOVERNMENT-ISSUED DOCUMENTS.

       (a) Fraud and Misuse of Government-Issued Identification 
     Documents.--Section 1028(b) of title 18, United States Code, 
     is amended--
       (1) in paragraph (1), by inserting ``except as provided in 
     paragraphs (3) and (4),'' after ``(1)'' and by striking 
     ``five years'' and inserting ``15 years'';
       (2) in paragraph (2), by inserting ``except as provided in 
     paragraphs (3) and (4),'' after ``(2)'' and by striking 
     ``and'' at the end;
       (3) by redesignating paragraph (3) as paragraph (5); and
       (4) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) a fine under this title or imprisonment for not more 
     than 20 years, or both, if the offense is committed to 
     facilitate a drug trafficking crime (as defined in section 
     929(a)(2) of this title);
       ``(4) a fine under this title or imprisonment for not more 
     than 25 years, or both, if the offense is committed to 
     facilitate an act of international terrorism (as defined in 
     section 2331(1) of this title); and''.
       (b) Changes to the Sentencing Levels.--Pursuant to section 
     944 of title 28, United States Code, and section 21 of the 
     Sentencing Act of 1987, the United States Sentencing 
     Commission shall promulgate guidelines, or amend existing 
     guidelines, relating to defendants convicted of violating, or 
     conspiring to violate, sections 1546(a) and 1028(a) of title 
     18, United States Code. The basic offense level under section 
     2L2.1 of the United States Sentencing Guidelines shall be 
     increased to--

[[Page H2403]]

       (1) not less than offense level 15 if the offense involves 
     100 or more documents;
       (2) not less than offense level 20 if the offense involves 
     1,000 or more documents, or if the documents were used to 
     facilitate any other criminal activity described in section 
     212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such 
     Act; and
       (3) not less than offense level 25 if the offense 
     involves--
       (A) the provision of documents to a person known or 
     suspected of engaging in a terrorist activity (as such terms 
     are defined in section 212(a)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B));
       (B) the provision of documents to facilitate a terrorist 
     activity or to assist a person to engage in terrorist 
     activity (as such terms are defined in section 212(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)); or
       (C) the provision of documents to persons involved in 
     racketeering enterprises (described in section 1952(a) of 
     title 18, United States Code).

     SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

       (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 
     1324c(a)) is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``, or''; and
       (3) by adding at the end the following:
       ``(5) in reckless disregard of the fact that the 
     information is false or does not relate to the applicant, to 
     prepare, to file, or to assist another in preparing or 
     filing, documents which are falsely made for the purpose of 
     satisfying a requirement of this Act.

     For purposes of this section, the term `falsely made' 
     includes, with respect to a document or application, the 
     preparation or provision of the document or application 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 or application.''.
       (b) Conforming Amendments for Civil Penalties.--Section 
     274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended by striking 
     ``each document used, accepted, or created and each instance 
     of use, acceptance, or creation'' both places it appears and 
     inserting ``each instance of a violation under subsection 
     (a)''.
       (c) Effective Dates.--(1) The amendments made by subsection 
     (a) shall apply to the preparation or filing of documents, 
     and assistance in such preparation or filing, occurring on or 
     after the date of the enactment of this Act.
       (2) The amendment made by subsection (b) shall apply to 
     violations occurring on or after the date of the enactment of 
     this Act.

     SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS 
                   AND FOR PREPARING IMMIGRATION DOCUMENTS WITHOUT 
                   AUTHORIZATION.

       (a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as 
     amended by section 212(a), is further amended--
       (1) by striking ``or'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting a comma; and
       (3) by inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) to present before boarding a common carrier for the 
     purpose of coming to the United States a document which 
     relates to the alien's eligibility to enter the United States 
     and to fail to present such document to an immigration 
     officer upon arrival at a United States port of entry, or
       ``(7) to prepare or assist in the preparation and 
     submission of immigration forms, petitions, and applications 
     if the person or entity is not authorized to represent 
     aliens, or to prepare or assist in the preparation and 
     submission of such forms, petitions, and applications 
     pursuant to regulations promulgated by the Attorney 
     General.''; and
       (4) by adding at the end the following:
     ``The Attorney General may, in the discretion of the Attorney 
     General, waive the penalties of this section with respect to 
     an alien who knowingly violates paragraph (6) if the alien is 
     granted asylum under section 208 or withholding of 
     deportation under section 243(h).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to individuals who board a common carrier on or 
     after 30 days after the date of the enactment of this Act.

     SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE 
                   AS PREPARER OF FALSE APPLICATION FOR ASYLUM AND 
                   FOR PREPARING CERTAIN POST-CONVICTION 
                   APPLICATIONS.

       Section 274C (8 U.S.C. 1324c) is amended by adding at the 
     end the following new subsection:
       ``(e) Criminal Penalties for Failure To Disclose Role as 
     Document Preparer.--
       ``(1) If a person is required by law or regulation to 
     disclose the fact that the person, on behalf of another 
     person and for a fee or other remuneration, has prepared or 
     assisted in preparing an application for asylum pursuant to 
     section 208, or the regulations promulgated thereunder, and 
     the person knowingly and willfully fails to disclose, 
     conceals, or covers up such fact, and the application was 
     falsely made, the person shall--
       ``(A) be imprisoned for not less than 2 nor more than 5 
     years, fined in accordance with title 18, United States Code, 
     or both, and
       ``(B) be prohibited from preparing or assisting in 
     preparing, regardless of whether for a fee or other 
     remuneration, any other such application for a period of at 
     least 5 years and not more than 15 years.
       ``(2) Whoever, having been convicted of a violation of 
     paragraph (1), knowingly and willfully prepares or assists in 
     preparing an application for asylum pursuant to section 208, 
     or the regulations promulgated thereunder, regardless of 
     whether for a fee or other remuneration, in violation of 
     paragraph (1)(B) shall be imprisoned for not less than 5 
     years or more than 15 years, fined in accordance with title 
     18, United States Code, or both, and prohibited from 
     preparing or assisting in preparing any other such 
     application.''.

     SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT 
                   WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW 
                   OR FACT.

       The fourth paragraph of section 1546(a) of title 18, United 
     States Code, is amended by striking ``containing any such 
     false statement'' and inserting ``which contains any such 
     false statement or which fails to contain any reasonable 
     basis in law or fact''.

     SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITIZENSHIP.

       Section 1015 of title 18, United States Code, is amended--
       (1) by striking the dash at the end of paragraph (d) and 
     inserting ``; or'', and
       (2) by inserting after paragraph (d) the following:
       ``(e) Whoever knowingly makes any false statement or claim 
     that he is, or at any time has been, a citizen or national of 
     the United States, with the intent to obtain on behalf of 
     himself, or any other person, any Federal benefit or service, 
     or to engage unlawfully in employment in the United States; 
     or
       ``(f) Whoever knowingly makes any false statement or claim 
     that he is a citizen of the United States in order to 
     register to vote or to vote in any Federal, State, or local 
     election  (including  an  initiative,  recall,  or  referen-  
     dum)--''.
      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

     SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED 
                   OFFENSES.

       Section 982 of title 18, United States Code, is amended--
       (1) in subsection (a), by inserting after paragraph (5) the 
     following new paragraph:
       ``(6) The court, in imposing sentence on a person convicted 
     of a violation of, or conspiracy to violate, section 1541, 
     1542, 1543, 1544, or 1546 of this title, or a violation of, 
     or conspiracy to violate, section 1028 of this title if 
     committed in connection with passport or visa issuance or 
     use, shall order that the person forfeit to the United States 
     any property, real or personal, which the person used, or 
     intended to be used, in committing, or facilitating the 
     commission of, the violation, and any property constituting, 
     or derived from, or traceable to, any proceeds the person 
     obtained, directly or indirectly, as a result of such 
     violation.'', and
       (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' 
     after ``(a)(2)''.

     SEC. 222. SUBPOENAS FOR BANK RECORDS.

       Section 986(a) of title 18, United States Code, is amended 
     by inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before 
     ``1956''.

     SEC. 223. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect on 
     the first day of the first month that begins more than 90 
     days after the date of the enactment of this Act.
   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
        Subtitle A--Revision of Procedures for Removal of Aliens

     SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.

       This subtitle amends the provisions of the Immigration and 
     Nationality Act relating to procedures for inspection, 
     exclusion, and deportation of aliens so as to provide for the 
     following:
       (1) Expedited removal for undocumented aliens.--Aliens 
     arriving without valid documents are subject to an expedited 
     removal process, without an evidentiary hearing and subject 
     to strictly limited judicial review.
       (2) No reward for illegal entrants or visa overstayers.--
     Aliens who enter illegally or who overstay the period of 
     authorized admission will have a greater burden of proof in 
     removal proceedings and will face tougher standards for most 
     discretionary immigration benefits, such as suspension of 
     removal and work authorization.
       (3) Stricter standards to assure detention of aliens.--
     There are more stringent standards for the release of aliens 
     (particularly aliens convicted of aggravated felonies) during 
     and after removal proceedings.
       (4) Simplified, single removal proceeding (in place of 
     separate exclusion and deportation proceedings).--The 
     procedures for exclusion and deportation are consolidated 
     into a simpler, single procedure for removal of inadmissible 
     and deportable aliens.
       (5) Streamlined judicial review.--Judicial review is 
     streamlined through removing a layer of review in exclusion 
     cases, shortening the time period to file for review, and 
     permitting the removal of inadmissible aliens pending the 
     review.
       (6) Increased penalties to assure removal and prevent 
     further reentry.--Aliens who are ordered removed are subject 
     to civil money penalties for failure to depart on time and if 
     they seek reentry they are subject to immediate removal under 
     the prior order.
       (7) Protection of applicants for asylum.--Throughout the 
     process, the procedures protect those aliens who present 
     credible claims for asylum by giving them an opportunity for 
     a full hearing on their claims.
       (8) Reorganization.--The provisions of the Act are 
     reorganized to provide a more logical

[[Page H2404]]

     progression from arrival and inspection through proceedings 
     and removal.

     SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES 
                   WITHOUT AUTHORIZATION AS NOT ADMITTED.

       (a) ``Admission'' Defined.--Paragraph (13) of section 
     101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
       ``(13)(A) The terms `admission' and `admitted' mean, with 
     respect to an alien, the entry of the alien into the United 
     States after inspection and authorization by an immigration 
     officer.
       ``(B) An alien who is paroled under section 212(d)(5) or 
     permitted to land temporarily as an alien crewman shall not 
     be considered to have been admitted.
       ``(C) An alien lawfully admitted for permanent residence in 
     the United States shall not be regarded as seeking an 
     admission into the United States for purposes of the 
     immigration laws unless the alien--
       ``(i) has abandoned or relinquished that status,
       ``(ii) has engaged in illegal activity after having 
     departed the United States,
       ``(iii) has departed from the United States while under 
     legal process seeking removal of the alien from the United 
     States, including removal proceedings under this Act and 
     extradition proceedings,
       ``(iv) has been convicted of an aggravated felony, unless 
     since such conviction the alien has been granted relief under 
     section 240A(a), or
       ``(v) is attempting to enter at a time or place other than 
     as designated by immigration officers or has not been 
     admitted to the United States after inspection and 
     authorization by an immigration officer.''.
       (b) Inadmissibility of Aliens Present Without Admission or 
     Parole.--
       (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is 
     amended by redesignating paragraph (9) as paragraph (10) and 
     by inserting after paragraph (8) the following new paragraph:
       ``(9) Present without admission or parole.--
       ``(A) In general.--An alien present in the United States 
     without being admitted or paroled, or who arrives in the 
     United States at any time or place other than as designated 
     by the Attorney General, is inadmissible.
       ``(B) Exception for certain battered women and children.--
     Subparagraph (A) shall not apply to an alien who can 
     demonstrate that--
       ``(i) the alien qualifies for immigrant status under 
     subparagraphs (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1),
       ``(ii)(I) the alien has been battered or subject to extreme 
     cruelty by a spouse or parent, or by a member of the spouse's 
     or parent's family residing in the same household as the 
     alien and the spouse or parent consented or acquiesced to 
     such battery or cruelty, or (II) the alien's child has been 
     battered or subject to extreme cruelty by a spouse or parent 
     of the alien (without the active participation of the alien 
     in the battery or extreme cruelty) or by a member of the 
     spouse's or parent's family residing in the same household as 
     the alien when the spouse or parent consented to or 
     acquiesced in such battery or cruelty and the alien did not 
     actively participate in such battery or cruelty, and
       ``(iii) there was a substantial connection between the 
     battery or cruelty described in subclause (I) or (II) and the 
     alien's unlawful entry into the United States.''.
       (2) Transition for battered spouse or child provision.--The 
     requirements of clauses (ii) and (iii) of section 
     212(a)(9)(B) of the Immigration and Nationality Act, as 
     inserted by paragraph (1), shall not apply to an alien who 
     demonstrates that the alien first arrived in the United 
     States before the title III-A effective date (described in 
     section 309(a)).
       (c) Revision to Ground of Inadmissibility for Illegal 
     Entrants and Immigration Violators.--Subparagraphs (A) and 
     (B) of section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to 
     read as follows:
       ``(A) Aliens previously removed.--
       ``(i) Arriving aliens.--Any alien who has been ordered 
     removed under section 235(b)(1) or at the end of proceedings 
     under section 240 initiated upon the alien's arrival in the 
     United States and who again seeks admission within 5 years of 
     the date of such removal is inadmissible.
       ``(ii) Other aliens.--Any alien not described in clause (i) 
     who has been ordered removed under section 240 or any other 
     provision of law and who again seeks admission within 10 
     years of the date of such removal (or at any time in the case 
     of an alien convicted of an aggravated felony) is 
     inadmissible.
       ``(iii) Exception.--Clauses (i) and (ii) shall not apply to 
     an alien seeking admission within a period if, prior to the 
     alien's reembarkation at a place outside the United States or 
     attempt to be admitted from foreign contiguous territory, the 
     Attorney General has consented to the alien's reapplying for 
     admission.
       ``(B) Aliens present unlawfully for more than 1 year.--
       ``(i) In general.--Any alien who was unlawfully present in 
     the United States for an aggregate period totaling 1 year is 
     inadmissible unless the alien has remained outside the United 
     States for a period of 10 years.
       ``(ii) Exceptions.--

       ``(I) Minors.--No period of time in which an alien is under 
     18 years of age shall be taken into account in determining 
     the period of unlawful presence in the United States under 
     clause (i).
       ``(II) Asylees.--No period of time in which an alien has a 
     bona fide application for asylum pending under section 208 
     shall be taken into account in determining the period of 
     unlawful presence in the United States under clause (i).
       ``(III) Aliens with work authorization.--No period of time 
     in which an alien is provided authorization to engage in 
     employment in the United States (including such an 
     authorization under section 244A(a)(1)(B)), or in which the 
     alien is the spouse of such an alien, shall be taken into 
     account in determining the period of unlawful presence in the 
     United States under clause (i).
       ``(IV) Family unity.--No period of time in which the alien 
     is a beneficiary of family unity protection pursuant to 
     section 301 of the Immigration Act of 1990 shall be taken 
     into account in determining the period of unlawful presence 
     in the United States under clause (i).
       ``(V) Battered women and children.--Clause (i) shall not 
     apply to an alien described in paragraph (9)(B).

       ``(iii) Extension.--The Attorney General may extend the 
     period of 1 year under clause (i) to a period of 15 months in 
     the case of an alien who applies to the Attorney General 
     (before the alien has been present unlawfully in the United 
     States for a period totaling 1 year) and establishes to the 
     satisfaction of the Attorney General that--

       ``(I) the alien is not inadmissible under clause (i) at the 
     time of the application, and
       ``(II) the failure to extend such period would constitute 
     an extreme hardship for the alien.

       ``(iv) Waiver.--In the case of an alien who is the spouse, 
     parent, or child of a United States citizen or the spouse or 
     child of a permanent resident alien, the Attorney General may 
     waive clause (i) for humanitarian purposes, to assure family 
     unity, or when it is otherwise in the public interest.
       ``(v) National interest waiver.--The Attorney General may 
     waive clause (i) if the Attorney General determines that such 
     a waiver is necessary to substantially benefit--

       ``(I) the national security, national defense, or Federal, 
     State, or local law enforcement;
       ``(II) health care, housing, or educational opportunities 
     for an indigent or low-income population or in an underserved 
     geographical area;
       ``(III) economic or employment opportunities for a specific 
     industry or specific geographical area;
       ``(IV) the development of new technologies; or
       ``(V) environmental protection or the productive use of 
     natural resources; and

     the alien will engage in a specific undertaking to advance 
     one or more of the interests identified in subclauses (I) 
     through (V).''.
       (d) Waiver of Misrepresentation Ground of Inadmissibility 
     for Certain Aliens.--Subsection (i) of section 212 is amended 
     to read as follows:
       ``(i) The Attorney General may, in the discretion of the 
     Attorney General, waive the application of clause (i) of 
     subsection (a)(6)(C)--
       ``(1) in the case of an immigrant who is the spouse, son, 
     or daughter of a United States citizen; or
       ``(2) in the case of an immigrant who is the spouse or son 
     or daughter of an alien lawfully admitted for permanent 
     residence, if it is established to the satisfaction of the 
     Attorney General that the refusal of admission to the United 
     States of such immigrant alien would result in extreme 
     hardship to the lawfully resident spouse or parent of such an 
     alien.''.
       (e) Prohibition on Issuance of Visas for Former Citizens 
     Who Renounced Citizenship to Avoid United States Taxation.--
     Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by 
     subsection (b)(1), is amended by adding at the end the 
     following:
       ``(D) Former citizens who renounced citizenship to avoid 
     taxation.--Any alien who is a former citizen of the United 
     States who officially renounced United States citizenship and 
     who is determined by the Attorney General to have renounced 
     United States citizenship for the purpose of avoiding 
     taxation by the United States is excludable.''.
       (f) Proof of Vaccination Requirement for Immigrants.--
       (1) In general.--Section 212(a)(1)(A) (8 U.S.C. 
     1182(a)(1)(A)) is amended--
       (A) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively, and
       (B) by inserting after clause (i) the following new clause:
       ``(ii) who seeks admission as an immigrant, or who seeks 
     adjustment of status to the status of an alien lawfully 
     admitted for permanent residence, and who has failed to 
     present documentation of having received vaccination against 
     vaccine-preventable diseases, which shall include at least 
     the following diseases: mumps, measles, rubella, polio, 
     tetanus and diphtheria toxoids, pertussis, influenza type B 
     and hepatitis B, and any other vaccinations against vaccine-
     preventable diseases recommended by the Advisory Committee 
     for Immunization Practices,''.
       (2) Waiver.--Section 212(g) (8 U.S.C. 1182(g) is amended by 
     striking ``, or'' at the end of paragraph (1) and all that 
     follows and inserting a semicolon and the following:
     ``in accordance with such terms, conditions, and controls, if 
     any, including the giving of bond, as the Attorney General, 
     in the discretion of the Attorney General after consultation 
     with the Secretary of Health and Human Services, may by 
     regulation prescribe;
       ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
       ``(A) who receives vaccination against the vaccine-
     preventable disease or diseases for which the alien has 
     failed to present documentation of previous vaccination, or
       ``(B) for whom a civil surgeon, medical officer, or panel 
     physician (as those terms are defined by 42 C.F.R. 34.2) 
     certifies, according to such regulations as the Secretary of 
     Health and Human Services may prescribe, that such 
     vaccination would not be medically appropriate; or
       ``(3) subsection (a)(1)(A)(iii) in the case of any alien, 
     in accordance with such terms, conditions, and controls, if 
     any, including the giving of bond, as the Attorney General, 
     in the discretion of the Attorney General after consultation 
     with the Secretary of Health and Human Services, may by 
     regulation prescribe.''.

[[Page H2405]]

       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to applications for immigrant visas 
     or for adjustment of status filed after September 30, 1996.
       (g) Adjustment in Grounds for Deportation.--Section 241 (8 
     U.S.C. 1251), before redesignation as section 237 by section 
     305(a)(2), is amended--
       (1) in the matter before paragraph (1) of subsection (a), 
     by striking ``in the United States'' and inserting ``in and 
     admitted to the United States'';
       (2) in subsection (a)(1), by striking ``Excludable'' each 
     place it appears and inserting ``Inadmissible'';
       (3) in subsection (a)(1)(A), by striking ``excludable'' and 
     inserting ``inadmissible''; and
       (4) by amending subparagraph (B) of subsection (a)(1) to 
     read as follows:
       ``(B) Present in violation of law.--Any alien who is 
     present in the United States in violation of this Act or any 
     other law of the United States is deportable.''.

     SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF 
                   INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR 
                   HEARING (REVISED SECTION 235).

       Section 235 (8 U.S.C. 1225) is amended to read as follows:


``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing

       ``Sec. 235. (a) Inspection.--
       ``(1) Aliens treated as applicants for admission.--An alien 
     present in the United States who has not been admitted, who 
     arrives in the United States (whether or not at a designated 
     port of arrival), or who is brought to the United States 
     after having been interdicted in international or United 
     States waters shall be deemed for purposes of this Act an 
     applicant for admission.
       ``(2) Stowaways.--An arriving alien who is a stowaway is 
     not eligible to apply for admission or to be admitted and 
     shall be ordered removed upon inspection by an immigration 
     officer. Upon such inspection if the alien indicates an 
     intention to apply for asylum under section 208 or a fear of 
     persecution, the officer shall refer the alien for an 
     interview under subsection (b)(1)(B). A stowaway may apply 
     for asylum only if the stowaway is found to have a credible 
     fear of persecution under subsection (b)(1)(B). In no case 
     may a stowaway be considered an applicant for admission or 
     eligible for a hearing under section 240.
       ``(3) Inspection.--All aliens (including alien crewmen) who 
     are applicants for admission or otherwise seeking admission 
     or readmission to or transit through the United States shall 
     be inspected by immigration officers.
       ``(4) Withdrawal of application for admission.--An alien 
     applying for admission may, in the discretion of the Attorney 
     General and at any time, be permitted to withdraw the 
     application for admission and depart immediately from the 
     United States.
       ``(5) Statements.--An applicant for admission may be 
     required to state under oath any information sought by an 
     immigration officer regarding the purposes and intentions of 
     the applicant in seeking admission to the United States, 
     including the applicant's intended length of stay and whether 
     the applicant intends to remain permanently or become a 
     United States citizen, and whether the applicant is 
     inadmissible.
       ``(b) Inspection of Applicants for Admission.--
       ``(1) Inspection of aliens arriving in the united states.--
       ``(A) Screening.--If the examining immigration officer 
     determines that an alien arriving in the United States 
     (whether or not at a port of entry) is inadmissible under 
     section 212(a)(6)(C) or 212(a)(7) and the alien--
       ``(i) does not indicate either an intention to apply for 
     asylum under section 208 or a fear of persecution, the 
     officer shall order the alien removed from the United States 
     without further hearing or review; or
       ``(ii) indicates an intention to apply for asylum under 
     section 208 or a fear of persecution, the officer shall refer 
     the alien for an interview by an asylum officer under 
     subparagraph (B).
       ``(B) Asylum interviews.--
       ``(i) Conduct by asylum officers.--An asylum officer shall 
     promptly conduct interviews of aliens referred under 
     subparagraph (A)(ii).
       ``(ii) Referral of certain aliens.--If the officer 
     determines at the time of the interview that an alien has a 
     credible fear of persecution (within the meaning of clause 
     (v)), the alien shall be detained for further consideration 
     of the application for asylum.
       ``(iii) Removal without further review if no credible fear 
     of persecution.--

       ``(I) In general.--Subject to subclause (II), if the 
     officer determines that an alien does not have a credible 
     fear of persecution, the officer shall order the alien 
     removed from the United States without further hearing or 
     review.
       ``(II) Review of determination by supervisory officer.--The 
     Attorney General shall promulgate regulations to provide for 
     the immediate review by a supervisory asylum officer at the 
     port of entry of a determination under subclause (I).

       ``(iv) Information about interviews.--The Attorney General 
     shall provide information concerning the asylum interview 
     described in this subparagraph to aliens who may be eligible. 
     An alien who is eligible for such interview may consult with 
     a person or persons of the alien's choosing prior to the 
     interview or any review thereof, according to regulations 
     prescribed by the Attorney General. Such consultation shall 
     be at no expense to the Government and shall not delay the 
     process.
       ``(v) Credible fear of persecution defined.--For purposes 
     of this subparagraph, the term `credible fear of persecution' 
     means (I) that it is more probable than not that the 
     statements made by the alien in support of the alien's claim 
     are true, and (II) that there is a significant possibility, 
     in light of such statements and of such other facts as are 
     known to the officer, that the alien could establish 
     eligibility for asylum under section 208.
       ``(C) Limitation on administrative review.--A removal order 
     entered in accordance with subparagraph (A)(i) or (B)(iii)(I) 
     is not subject to administrative appeal, except that the 
     Attorney General shall provide by regulation for prompt 
     review of such an order under subparagraph (A)(i) against an 
     alien who claims under oath, or as permitted under penalty of 
     perjury under section 1746 of title 28, United States Code, 
     after having been warned of the penalties for falsely making 
     such claim under such conditions, to have been lawfully 
     admitted for permanent residence.
       ``(D) Limit on collateral attacks.--In any action brought 
     against an alien under section 275(a) or section 276, the 
     court shall not have jurisdiction to hear any claim attacking 
     the validity of an order of removal entered under 
     subparagraph (A)(i) or (B)(iii)(I).
       ``(E) Asylum officer defined.--As used in this paragraph, 
     the term `asylum officer' means an immigration officer who--
       ``(i) has had professional training in country conditions, 
     asylum law, and interview techniques, and
       ``(ii) is supervised by an officer who meets the condition 
     described in clause (i).
       ``(2) Inspection of other aliens.--
       ``(A) In general.--Subject to subparagraph (B), in the case 
     of an alien who is an applicant for admission, if the 
     examining immigration officer determines that an alien 
     seeking admission is not clearly and beyond a doubt entitled 
     to be admitted, the alien shall be detained for a hearing 
     under section 240.
       ``(B) Exception.--Subparagraph (A) shall not apply to an 
     alien--
       ``(i) who is a crewman,
       ``(ii) to whom paragraph (1) applies, or
       ``(iii) who is a stowaway.
       ``(3) Challenge of decision.--The decision of the examining 
     immigration officer, if favorable to the admission of any 
     alien, shall be subject to challenge by any other immigration 
     officer and such challenge shall operate to take the alien 
     whose privilege to be admitted is so challenged, before an 
     immigration judge for a hearing under section 240.
       ``(c) Removal of Aliens Inadmissible on Security and 
     Related Grounds.--
       ``(1) Removal without further hearing.--If an immigration 
     officer or an immigration judge suspects that an arriving 
     alien may be inadmissible under subparagraph (A) (other than 
     clause (ii)), (B), or (C) of section 212(a)(3), the officer 
     or judge shall--
       ``(A) order the alien removed, subject to review under 
     paragraph (2);
       ``(B) report the order of removal to the Attorney General; 
     and
       ``(C) not conduct any further inquiry or hearing until 
     ordered by the Attorney General.
       ``(2) Review of order.--(A) The Attorney General shall 
     review orders issued under paragraph (1).
       ``(B) If the Attorney General--
       ``(i) is satisfied on the basis of confidential information 
     that the alien is inadmissible under subparagraph (A) (other 
     than clause (ii)), (B), or (C) of section 212(a)(3), and
       ``(ii) after consulting with appropriate security agencies 
     of the United States Government, concludes that disclosure of 
     the information would be prejudicial to the public interest, 
     safety, or security,

     the Attorney General may order the alien removed without 
     further inquiry or hearing by an immigration judge.
       ``(C) If the Attorney General does not order the removal of 
     the alien under subparagraph (B), the Attorney General shall 
     specify the further inquiry or hearing that shall be 
     conducted in the case.
       ``(3) Submission of statement and information.--The alien 
     or the alien's representative may submit a written statement 
     and additional information for consideration by the Attorney 
     General.
       ``(d) Authority Relating to Inspections.--
       ``(1) Authority to search conveyances.--Immigration 
     officers are authorized to board and search any vessel, 
     aircraft, railway car, or other conveyance or vehicle in 
     which they believe aliens are being brought into the United 
     States.
       ``(2) Authority to order detention and delivery of arriving 
     aliens.--Immigration officers are authorized to order an 
     owner, agent, master, commanding officer, person in charge, 
     purser, or consignee of a vessel or aircraft bringing an 
     alien (except an alien crewmember) to the United States--
       ``(A) to detain the alien on the vessel or at the airport 
     of arrival, and
       ``(B) to deliver the alien to an immigration officer for 
     inspection or to a medical officer for examination.
       ``(3) Administration of oath and consideration of 
     evidence.--The Attorney General and any immigration officer 
     shall have power to administer oaths and to take and consider 
     evidence of or from any person touching the privilege of any 
     alien or person he believes or suspects to be an alien to 
     enter, reenter, transit through, or reside in the United 
     States or concerning any matter which is material and 
     relevant to the enforcement of this Act and the 
     administration of the Service.
       ``(4) Subpoena authority.--(A) The Attorney General and any 
     immigration officer shall have power to require by subpoena 
     the attendance and testimony of witnesses before immigration 
     officers and the production of books, papers, and documents 
     relating to the privilege of any

[[Page H2406]]

     person to enter, reenter, reside in, or pass through the 
     United States or concerning any matter which is material and 
     relevant to the enforcement of this Act and the 
     administration of the Service, and to that end may invoke the 
     aid of any court of the United States.
       ``(B) Any United States district court within the 
     jurisdiction of which investigations or inquiries are being 
     conducted by an immigration officer may, in the event of 
     neglect or refusal to respond to a subpoena issued under this 
     paragraph or refusal to testify before an immigration 
     officer, issue an order requiring such persons to appear 
     before an immigration officer, produce books, papers, and 
     documents if demanded, and testify, and any failure to obey 
     such order of the court may be punished by the court as a 
     contempt thereof.''.

     SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT LAWFULLY 
                   IN THE UNITED STATES (REVISED SECTION 236).

       (a) In General.--Section 236 (8 U.S.C. 1226) is amended to 
     read as follows:


   ``apprehension and detention of aliens not lawfully in the united 
                                 states

       ``Sec. 236. (a) Arrest, Detention, and Release.--On a 
     warrant issued by the Attorney General, an alien may be 
     arrested and detained pending a decision on whether the alien 
     is to be removed from the United States. Except as provided 
     in subsection (c) and pending such decision, the Attorney 
     General--
       ``(1) may continue to detain the arrested alien; and
       ``(2) may release the alien on--
       ``(A) bond of at least $1,500 with security approved by, 
     and containing conditions prescribed by, the Attorney 
     General; or
       ``(B) conditional parole; but
       ``(3) may not provide the alien with work authorization 
     (including an `employment authorized' endorsement or other 
     appropriate work permit), unless the alien is lawfully 
     admitted for permanent residence or otherwise would (without 
     regard to removal proceedings) be provided such 
     authorization.
       ``(b) Revocation of Bond or Parole.--The Attorney General 
     at any time may revoke a bond or parole authorized under 
     subsection (a), rearrest the alien under the original 
     warrant, and detain the alien.
       ``(c) Aliens Convicted of Aggravated Felonies.--
       ``(1) Custody.--The Attorney General shall take into 
     custody any alien convicted of an aggravated felony when the 
     alien is released, without regard to whether the alien is 
     released on parole, supervised release, or probation, and 
     without regard to whether the alien may be arrested or 
     imprisoned again for the same offense.
       ``(2) Release.--The Attorney General may release the alien 
     only if--
       ``(A) the alien was lawfully admitted to the United States 
     and satisfies the Attorney General that the alien will not 
     pose a danger to the safety of other persons or of property 
     and is likely to appear for any scheduled proceeding;
       ``(B) the alien was not lawfully admitted to the United 
     States, cannot be removed because the designated country of 
     removal will not accept the alien, and satisfies the Attorney 
     General that the alien will not pose a danger to the safety 
     of other persons or of property and is likely to appear for 
     any scheduled proceeding; or
       ``(C) the Attorney General decides pursuant to section 3521 
     of title 18, United States Code, that release of the alien 
     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.

     A decision relating to such release shall take place in 
     accordance with a procedure that considers the severity of 
     the offense committed by the alien.
       ``(d) Identification of Aliens Convicted of Aggravated 
     Felonies.--(1) The Attorney General shall devise and 
     implement a system--
       ``(A) to make available, daily (on a 24-hour basis), to 
     Federal, State, and local authorities the investigative 
     resources of the Service to determine whether individuals 
     arrested by such authorities for aggravated felonies are 
     aliens;
       ``(B) to designate and train officers and employees of the 
     Service to serve as a liaison to Federal, State, and local 
     law enforcement and correctional agencies and courts with 
     respect to the arrest, conviction, and release of any alien 
     charged with an aggravated felony; and
       ``(C) which uses computer resources to maintain a current 
     record of aliens who have been convicted of an aggravated 
     felony and who have been removed.
       ``(2) The record under paragraph (1)(C) shall be made 
     available--
       ``(A) to inspectors at ports of entry and to border patrol 
     agents at sector headquarters for purposes of immediate 
     identification of any such previously removed alien seeking 
     to reenter the United States, and
       ``(B) to officials of the Department of State for use in 
     its automated visa lookout system.''.
       (b) Increase in INS Detention Facilities.--Subject to the 
     availability of appropriations, the Attorney General shall 
     provide for an increase in the detention facilities of the 
     Immigration and Naturalization Service to at least 9,000 beds 
     by fiscal year 1997.

     SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND 
                   ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE 
                   (REVISED AND NEW SECTIONS 239 TO 240C).

       (a) In General.--Chapter 4 of title II is amended--
       (1) by redesignating section 239 as section 234 and by 
     moving such section to immediately follow section 233;
       (2) by redesignating section 240 (8 U.S.C. 1230) as section 
     240C; and
       (3) by inserting after section 238 the following new 
     sections:


                  ``initiation of removal proceedings

       ``Sec. 239. (a) Notice to Appear.--
       ``(1) In general.--In removal proceedings under section 
     240, written notice (in this section referred to as a `notice 
     to appear') shall be given in person to the alien (or, if 
     personal service is not practicable, through service by mail 
     to the alien or to the alien's counsel of record, if any) 
     specifying the following:
       ``(A) The nature of the proceedings against the alien.
       ``(B) The legal authority under which the proceedings are 
     conducted.
       ``(C) The acts or conduct alleged to be in violation of 
     law.
       ``(D) The charges against the alien and the statutory 
     provisions alleged to have been violated.
       ``(E) The alien may be represented by counsel and the alien 
     will be provided (i) a period of time to secure counsel under 
     subsection (b)(1) and (ii) a current list of counsel prepared 
     under subsection (b)(2).
       ``(F)(i) The requirement that the alien must immediately 
     provide (or have provided) the Attorney General with a 
     written record of an address and telephone number (if any) at 
     which the alien may be contacted respecting proceedings under 
     section 240.
       ``(ii) The requirement that the alien must provide the 
     Attorney General immediately with a written record of any 
     change of the alien's address or telephone number.
       ``(iii) The consequences under section 240(b)(5) of failure 
     to provide address and telephone information pursuant to this 
     subparagraph.
       ``(G)(i) The time and place at which the proceedings will 
     be held.
       ``(ii) The consequences under section 240(b)(5) of the 
     failure, except under exceptional circumstances, to appear at 
     such proceedings.
       ``(2) Notice of change in time or place of proceedings.--
       ``(A) In general.--In removal proceedings under section 
     240, in the case of any change or postponement in the time 
     and place of such proceedings, subject to subparagraph (B) a 
     written notice shall be given in person to the alien (or, if 
     personal service is not practicable, through service by mail 
     to the alien or to the alien's counsel of record, if any) 
     specifying--
       ``(i) the new time or place of the proceedings, and
       ``(ii) the consequences under section 240(b)(5) of failing, 
     except under exceptional circumstances, to attend such 
     proceedings.
       ``(B) Exception.--In the case of an alien not in detention, 
     a written notice shall not be required under this paragraph 
     if the alien has failed to provide the address required under 
     paragraph (1)(F).
       ``(3) Central address files.--The Attorney General shall 
     create a system to record and preserve on a timely basis 
     notices of addresses and telephone numbers (and changes) 
     provided under paragraph (1)(F).
       ``(b) Securing of Counsel.--
       ``(1) In general.--In order that an alien be permitted the 
     opportunity to secure counsel before the first hearing date 
     in proceedings under section 240, the hearing date shall not 
     be scheduled earlier than 10 days after the service of the 
     notice to appear, unless the alien requests in writing an 
     earlier hearing date.
       ``(2) Current lists of counsel.--The Attorney General shall 
     provide for lists (updated not less often than quarterly) of 
     persons who have indicated their availability to represent 
     pro bono aliens in proceedings under section 240. Such lists 
     shall be provided under subsection (a)(1)(E) and otherwise 
     made generally available.
       ``(c) Service by Mail.--Service by mail under this section 
     shall be sufficient if there is proof of attempted delivery 
     to the last address provided by the alien in accordance with 
     subsection (a)(1)(F).
       ``(d) Prompt Initiation of Removal.--(1) In the case of an 
     alien who is convicted of an offense which makes the alien 
     deportable, the Attorney General shall begin any removal 
     proceeding as expeditiously as possible after the date of the 
     conviction.
       ``(2) Nothing in this subsection shall be construed to 
     create any substantive or procedural right or benefit that is 
     legally enforceable by any party against the United States or 
     its agencies or officers or any other person.


                         ``removal proceedings

       ``Sec. 240. (a) Proceeding.--
       ``(1) In general.--An immigration judge shall conduct 
     proceedings for deciding the inadmissibility or deportability 
     of an alien.
       ``(2) Charges.--An alien placed in proceedings under this 
     section may be charged with any applicable ground of 
     inadmissibility under section 212(a) or any applicable ground 
     of deportability under section 237(a).
       ``(3) Exclusive procedures.--Unless otherwise specified in 
     this Act, a proceeding under this section shall be the sole 
     and exclusive procedure for determining whether an alien may 
     be admitted to the United States or, if the alien has been so 
     admitted, removed from the United States. Nothing in this 
     section shall affect proceedings conducted pursuant to 
     section 238.
       ``(b) Conduct of Proceeding.--
       ``(1) Authority of immigration judge.--The immigration 
     judge shall administer oaths, receive evidence, and 
     interrogate, examine, and cross-examine the alien and any 
     witnesses. The immigration judge may issue subpoenas for the 
     attendance of witnesses and presentation of evidence. The 
     immigration judge shall have authority (under regulations 
     prescribed by the Attorney General) to sanction by civil 
     money penalty any action (or inaction) in contempt of the 
     judge's proper exercise of authority under this Act.

[[Page H2407]]

       ``(2) Form of proceeding.--
       ``(A) In general.--The proceeding may take place--
       ``(i) in person,
       ``(ii) through video conference, or
       ``(iii) subject to subparagraph (B), through telephone 
     conference.
       ``(B) Consent required in certain cases.--An evidentiary 
     hearing on the merits may only be conducted through a 
     telephone conference with the consent of the alien involved 
     after the alien has been advised of the right to proceed in 
     person or through video conference.
       ``(3) Presence of alien.--If it is impracticable by reason 
     of an alien's mental incompetency for the alien to be present 
     at the proceeding, the Attorney General shall prescribe 
     safeguards to protect the rights and privileges of the alien.
       ``(4) Aliens rights in proceeding.--In proceedings under 
     this section, under regulations of the Attorney General--
       ``(A) the alien shall have the privilege of being 
     represented, at no expense to the Government, by counsel of 
     the alien's choosing who is authorized to practice in such 
     proceedings,
       ``(B) the alien shall have a reasonable opportunity to 
     examine the evidence against the alien, to present evidence 
     on the alien's own behalf, and to cross-examine witnesses 
     presented by the Government, and
       ``(C) a complete record shall be kept of all testimony and 
     evidence produced at the proceeding.
       ``(5) Consequences of failure to appear.--
       ``(A) In general.--Any alien who, after written notice 
     required under paragraph (1) or (2) of section 239(a) has 
     been provided to the alien or the alien's counsel of record, 
     does not attend a proceeding under this section, shall be 
     ordered removed in absentia if the Service establishes by 
     clear, unequivocal, and convincing evidence that the written 
     notice was so provided and that the alien is removable (as 
     defined in subsection (e)(2)). The written notice by the 
     Attorney General shall be considered sufficient for purposes 
     of this subparagraph if provided at the most recent address 
     provided under section 239(a)(1)(F).
       ``(B) No notice if failure to provide address 
     information.--No written notice shall be required under 
     subparagraph (A) if the alien has failed to provide the 
     address required under section 239(a)(1)(F).
       ``(C) Rescission of order.--Such an order may be rescinded 
     only--
       ``(i) upon a motion to reopen filed within 180 days after 
     the date of the order of removal if the alien demonstrates 
     that the failure to appear was because of exceptional 
     circumstances (as defined in subsection (e)(1)), or
       ``(ii) upon a motion to reopen filed at any time if the 
     alien demonstrates that the alien did not receive notice in 
     accordance with paragraph (1) or (2) of section 239(a) or the 
     alien demonstrates that the alien was in Federal or State 
     custody and did not appear through no fault of the alien.

     The filing of the motion to reopen described in clause (i) or 
     (ii) shall stay the removal of the alien pending disposition 
     of the motion.
       ``(D) Effect on judicial review.--Any petition for review 
     under section 242 of an order entered in absentia under this 
     paragraph shall (except in cases described in section 
     242(b)(5)) be confined to (i) the validity of the notice 
     provided to the alien, (ii) the reasons for the alien's not 
     attending the proceeding, and (iii) whether or not the alien 
     is removable.
       ``(6) Treatment of frivolous behavior.--The Attorney 
     General shall, by regulation--
       ``(A) define in a proceeding before an immigration judge or 
     before an appellate administrative body under this title, 
     frivolous behavior for which attorneys may be sanctioned,
       ``(B) specify the circumstances under which an 
     administrative appeal of a decision or ruling will be 
     considered frivolous and will be summarily dismissed, and
       ``(C) impose appropriate sanctions (which may include 
     suspension and disbarment) in the case of frivolous behavior.

     Nothing in this paragraph shall be construed as limiting the 
     authority of the Attorney General to take actions with 
     respect to inappropriate behavior.
       ``(7) Limitation on discretionary relief for failure to 
     appear.--Any alien against whom a final order of removal is 
     entered in absentia under this subsection and who, at the 
     time of the notice described in paragraph (1) or (2) of 
     section 239(a), was provided oral notice, either in the 
     alien's native language or in another language the alien 
     understands, of the time and place of the proceedings and of 
     the consequences under this paragraph of failing, other than 
     because of exceptional circumstances (as defined in 
     subsection (e)(1)) to attend a proceeding under this section, 
     shall not be eligible for relief under section 240A, 240B, 
     245, 248, or 249 for a period of 10 years after the date of 
     the entry of the final order of removal.
       ``(c) Decision and Burden of Proof.--
       ``(1) Decision.--
       ``(A) In general.--At the conclusion of the proceeding the 
     immigration judge shall decide whether an alien is removable 
     from the United States. The determination of the immigration 
     judge shall be based only on the evidence produced at the 
     hearing.
       ``(B) Certain medical decisions.--If a medical officer or 
     civil surgeon or board of medical officers has certified 
     under section 232(b) that an alien has a disease, illness, or 
     addiction which would make the alien inadmissible under 
     paragraph (1) of section 212(a), the decision of the 
     immigration judge shall be based solely upon such 
     certification.
       ``(2) Burden on alien.--In the proceeding the alien has the 
     burden of establishing--
       ``(A) if the alien is an applicant for admission, that the 
     alien is clearly and beyond doubt entitled to be admitted and 
     is not inadmissible under section 212; or
       ``(B) by clear and convincing evidence, that the alien is 
     lawfully present in the United States pursuant to a prior 
     admission.

     In meeting the burden of proof under subparagraph (B), the 
     alien shall have access to the alien's visa or other entry 
     document, if any, and any other records and documents, not 
     considered by the Attorney General to be confidential, 
     pertaining to the alien's admission or presence in the United 
     States.
       ``(3) Burden on service in cases of deportable aliens.--In 
     the proceeding the Service has the burden of establishing by 
     clear and convincing evidence that, in the case of an alien 
     who has been admitted to the United States, the alien is 
     deportable. No decision on deportability shall be valid 
     unless it is based upon reasonable, substantial, and 
     probative evidence.
       ``(4) Notice.--If the immigration judge decides that the 
     alien is removable and orders the alien to be removed, the 
     judge shall inform the alien of the right to appeal that 
     decision and of the consequences for failure to depart under 
     the order of removal, including civil and criminal penalties.
       ``(5) Motions to reconsider.--
       ``(A) In general.--The alien may file one motion to 
     reconsider a decision that the alien is removable from the 
     United States.
       ``(B) Deadline.--The motion must be filed within 30 days of 
     the date of entry of a final administrative order of removal.
       ``(C) Contents.--The motion shall specify the errors of law 
     or fact in the previous order and shall be supported by 
     pertinent authority.
       ``(6) Motions to reopen.--
       ``(A) In general.--An alien may file one motion to reopen 
     proceedings under this section.
       ``(B) Contents.--The motion to reopen shall state the new 
     facts that will be proven at a hearing to be held if the 
     motion is granted, and shall be supported by affidavits or 
     other evidentiary material.
       ``(C) Deadline.--
       ``(i) In general.--Except as provided in this subparagraph, 
     the motion to reopen shall be filed within 90 days of the 
     date of entry of a final administrative order of removal.
       ``(ii) Asylum.--There is no time limit on the filing of a 
     motion to reopen if the basis of the motion is to apply for 
     relief under sections 208 or 241(b)(3) and is based on 
     changed country conditions arising in the country of 
     nationality or the country to which removal has been ordered, 
     if such evidence is material and was not available and would 
     not have been discovered or presented at the previous 
     proceeding.
       ``(iii) Failure to appear.--A motion to reopen may be filed 
     within 180 days after the date of the final order of removal 
     if the order has been entered pursuant to subsection (b)(5) 
     due to the alien's failure to appear for proceedings under 
     this section and the alien establishes that the alien's 
     failure to appear was because of exceptional circumstances 
     beyond the control of the alien or because the alien did not 
     receive the notice required under section 239(a)(2).
       ``(d) Stipulated Removal.--The Attorney General shall 
     provide by regulation for the entry by an immigration judge 
     of an order of removal stipulated to by the alien (or the 
     alien's representative) and the Service. A stipulated order 
     shall constitute a conclusive determination of the alien's 
     removability from the United States.
       ``(e) Definitions.--In this section and section 240A:
       ``(1) Exceptional circumstances.--The term `exceptional 
     circumstances' refers to exceptional circumstances (such as 
     serious illness of the alien or serious illness or death of 
     the spouse, child, or parent of the alien, but not including 
     less compelling circumstances) beyond the control of the 
     alien.
       ``(2) Removable.--The term `removable' means--
       ``(A) in the case of an alien not admitted to the United 
     States, that the alien is inadmissible under section 212, or
       ``(B) in the case of an alien admitted to the United 
     States, that the alien is deportable under section 237.


            ``cancellation of removal; adjustment of status

       ``Sec. 240A. (a) Cancellation of Removal for Certain 
     Permanent Residents.--The Attorney General may cancel removal 
     in the case of an alien who is inadmissible or deportable 
     from the United States if the alien--
       ``(1) has been an alien lawfully admitted for permanent 
     residence for not less than 5 years,
       ``(2) has resided in the United States continuously for 7 
     years after having been admitted in any status, and
       ``(3) 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.
       ``(b) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--
       ``(1) In general.--The Attorney General may cancel removal 
     in the case of an alien who is deportable from the United 
     States if the alien--
       ``(A) has been physically present in the United States for 
     a continuous period of not less than 7 years immediately 
     preceding the date of such application;
       ``(B) has been a person of good moral character during such 
     period;
       ``(C) has not been convicted of an aggravated felony; and
       ``(D) establishes that removal would result in extreme 
     hardship to the alien or to the alien's spouse, parent, or 
     child, who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence.
       ``(2) Special rule for battered spouse or child.--The 
     Attorney General may cancel removal in the case of an alien 
     who is inadmissible or deportable from the United States if 
     the alien--

[[Page H2408]]

       ``(A) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or parent who is a United 
     States citizen or lawful permanent resident (or is the parent 
     of a child of a United States citizen or lawful permanent 
     resident and the child has been battered or subjected to 
     extreme cruelty in the United States by such citizen or 
     permanent resident parent);
       ``(B) has been physically present in the United States for 
     a continuous period of not less than 3 years immediately 
     preceding the date of such application;
       ``(C) has been a person of good moral character during such 
     period;
       ``(D) is not inadmissible under paragraph (2) or (3) of 
     section 212(a), is not deportable under paragraph (1)(G) or 
     (2) through (4) of section 237(a), and has not been convicted 
     of an aggravated felony; and
       ``(E) establishes that removal would result in extreme 
     hardship to the alien, the alien's child, or (in the case of 
     an alien who is a child) to the alien's parent.

     In acting on applications under this paragraph, the Attorney 
     General shall consider any credible evidence relevant to the 
     application. The determination of what evidence is credible 
     and the weight to be given that evidence shall be within the 
     sole discretion of the Attorney General.
       ``(3) Adjustment of status.--The Attorney General may 
     adjust to the status of an alien lawfully admitted for 
     permanent residence any alien who the Attorney General 
     determines meets the requirements of paragraph (1) or (2). 
     The number of adjustments under this paragraph shall not 
     exceed 4,000 for any fiscal year. The Attorney General shall 
     record the alien's lawful admission for permanent residence 
     as of the date the Attorney General's cancellation of removal 
     under paragraph (1) or (2) or determination under this 
     paragraph.
       ``(c) Aliens Ineligible for Relief.--The provisions of 
     subsections (a) and (b)(1) shall not apply to any of the 
     following aliens:
       ``(1) An alien who entered the United States as a crewman 
     subsequent to June 30, 1964.
       ``(2) An alien who 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).
       ``(3) An alien who--
       ``(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.
       ``(4) An alien who is inadmissible under section 212(a)(3) 
     or deportable under subparagraph (B) or (D) of section 
     237(a)(4).
       ``(d) Special Rules Relating to Continuous Residence or 
     Physical Presence.--
       ``(1) Termination of continuous period.--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 a notice to appear 
     under section 239(a).
       ``(2) Treatment of certain breaks in presence.--An alien 
     shall be considered to have failed to maintain continuous 
     physical presence in the United States under subsections 
     (b)(1) and (b)(2) if the alien has departed from the United 
     States for any periods in the aggregate exceeding 180 days, 
     unless the Attorney General finds that return could not be 
     accomplished within that time period due to emergent reasons.
       ``(3) Continuity 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 under subsections (a) and (b) 
     shall not apply to an alien who--
       ``(A) has served for a minimum period of 24 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
       ``(B) at the time of the alien's enlistment or induction 
     was in the United States.


                         ``voluntary departure

       ``Sec. 240B. (a) Certain Conditions.--
       ``(1) In general.--The Attorney General may permit an alien 
     voluntarily to depart the United States at the alien's own 
     expense under this subsection, in lieu of being subject to 
     proceedings under section 240 or prior to the completion of 
     such proceedings, if the alien is not deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)(B).
       ``(2) Period.--Permission to depart voluntarily under this 
     subsection shall not be valid for a period exceeding 120 
     days.
       ``(3) Bond.--The Attorney General may require an alien 
     permitted to depart voluntarily under this subsection to post 
     a voluntary departure bond, to be surrendered upon proof that 
     the alien has departed the United States within the time 
     specified.
       ``(4) Treatment of aliens arriving in the united states.--
     In the case of an alien who is arriving in the United States 
     and with respect to whom proceedings under section 240 are 
     (or would otherwise be) initiated at the time of such alien's 
     arrival, paragraph (1) shall not apply. Nothing in this 
     paragraph shall be construed as preventing such an alien from 
     withdrawing the application for admission in accordance with 
     section 235(a)(4).
       ``(b) At Conclusion of Proceedings.--
       ``(1) In general.--The Attorney General may permit an alien 
     voluntarily to depart the United States at the alien's own 
     expense if, at the conclusion of a proceeding under section 
     240, the immigration judge enters an order granting voluntary 
     departure in lieu of removal and finds that--
       ``(A) the alien has been physically present in the United 
     States for a period of at least one year immediately 
     preceding the date the notice to appear was served under 
     section 239(a);
       ``(B) the alien is, and has been, a person of good moral 
     character for at least 5 years immediately preceding the 
     alien's application for voluntary departure;
       ``(C) the alien is not deportable under section 
     237(a)(2)(A)(iii) or section 237(a)(4); and
       ``(D) the alien has established by clear and convincing 
     evidence that the alien has the means to depart the United 
     States and intends to do so.
       ``(2) Period.--Permission to depart voluntarily under this 
     subsection shall not be valid for a period exceeding 60 days.
       ``(3) Bond.--An alien permitted to depart voluntarily under 
     this subsection 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.
       ``(c) Aliens Not Eligible.--The Attorney General shall not 
     permit an alien to depart voluntarily under this section if 
     the alien was previously permitted to so depart after having 
     been found inadmissible under section 212(a)(9).
       ``(d) Civil Penalty for Failure to Depart.--If an alien is 
     permitted to depart voluntarily under this section and fails 
     voluntarily to depart the United States within the time 
     period specified, the alien shall be subject to a civil 
     penalty of not less than $1,000 and not more than $5,000, and 
     be ineligible for a period of 10 years for any further relief 
     under this section and sections 240A, 245, 248, and 249.
       ``(e) Additional Conditions.--The Attorney General may by 
     regulation limit eligibility for voluntary departure under 
     this section for any class or classes of aliens.
       ``(f) Appeals of Denials.--An alien may appeal from denial 
     of a request for an order of voluntary departure under 
     subsection (b) in accordance with the procedures in section 
     242. Notwithstanding the pendency of such appeal, the alien 
     shall be removable from the United States 60 days after entry 
     of the order of removal. The alien's removal from the United 
     States shall not moot the appeal.''.
       (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 
     1182(c)) is repealed.

     SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED 
                   (NEW SECTION 241).

       (a) In General.--Title II is further amended--
       (1) by striking section 237 (8 U.S.C. 1227),
       (2) by redesignating section 241 as section 237 and by 
     moving such section to immediately follow section 236, and
       (3) by inserting after section 240C (as redesignated by 
     section 304(a)(2)) the following new section:


           ``detention and removal of aliens ordered removed

       ``Sec. 241. (a) Detention, Release, and Removal of Aliens 
     Ordered Removed.--
       ``(1) Removal period.--
       ``(A) In general.--Except as otherwise provided in this 
     section, when an alien is ordered removed, the Attorney 
     General shall remove the alien from the United States within 
     a period of 90 days (in this section referred to as the 
     `removal period').
       ``(B) Beginning of period.--The removal period begins on 
     the latest of the following:
       ``(i) The date the order of removal becomes 
     administratively final.
       ``(ii) If the removal order is judicially reviewed and such 
     review serves to stay the removal of the alien, the date of 
     the court's final order.
       ``(iii) If the alien is detained or confined (except under 
     an immigration process), the date the alien is released from 
     detention or confinement.
       ``(C) Suspension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien 
     willfully fails or refuses to make timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure or conspires or acts to prevent the alien's removal 
     subject to an order of removal.
       ``(2) Detention and release by the attorney general.--
     During the removal period, the Attorney General shall detain 
     the alien. If there is insufficient detention space to detain 
     the alien, the Attorney General shall make a specific finding 
     to this effect and may release the alien on a bond containing 
     such conditions as the Attorney General may prescribe.
       ``(3) Supervision after 90-day period.--If the alien does 
     not leave or is not removed within the removal period, the 
     alien, pending removal, shall be subject to supervision under 
     regulations prescribed by the Attorney General. The 
     regulations shall include provisions requiring the alien--
       ``(A) to appear before an immigration officer periodically 
     for identification;
       ``(B) to submit, if necessary, to a medical and psychiatric 
     examination at the expense of the United States Government;
       ``(C) to give information under oath about the alien's 
     nationality, circumstances, habits, associations, and 
     activities, and other information the Attorney General 
     considers appropriate; and
       ``(D) to obey reasonable written restrictions on the 
     alien's conduct or activities that the Attorney General 
     prescribes for the alien.
       ``(4) Aliens imprisoned, arrested, or on parole, supervised 
     release, or probation.--Except as provided in section 343(a) 
     of the Public

[[Page H2409]]

     Health Service Act (42 U.S.C. 259(a)), the Attorney General 
     may not remove an alien who is sentenced to imprisonment 
     until the alien is released from imprisonment. Parole, 
     supervised release, probation, or possibility of arrest or 
     further imprisonment is not a reason to defer removal.
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--If the Attorney General finds that an 
     alien has reentered the United States illegally after having 
     been removed or having departed voluntarily, under an order 
     of removal, the prior order of removal is reinstated from its 
     original date and is not subject to being reopened or 
     reviewed, and the alien shall be removed under the prior 
     order at any time after the reentry.
       ``(6) Inadmissible aliens.--An alien ordered removed who is 
     inadmissible under section 212 may be detained beyond the 
     removal period and, if released, shall be subject to the 
     terms of supervision in paragraph (3).
       ``(7) Employment authorization.--No alien ordered removed 
     shall be eligible to receive authorization to be employed in 
     the United States unless the Attorney General makes a 
     specific finding that--
       ``(A) the alien cannot be removed due to the refusal of all 
     countries designated by the alien or under this section to 
     receive the alien, or
       ``(B) the removal of the alien is otherwise impracticable 
     or contrary to the public interest.
       ``(b) Countries to Which Aliens May Be Removed.--
       ``(1) Aliens arriving at the united states.--Subject to 
     paragraph (3)--
       ``(A) In general.--Except as provided by subparagraphs (B) 
     and (C), an alien who arrives at the United States and with 
     respect to whom proceedings under section 240 were initiated 
     at the time of such alien's arrival shall be removed to the 
     country in which the alien boarded the vessel or aircraft on 
     which the alien arrived in the United States.
       ``(B) Travel from contiguous territory.--If the alien 
     boarded the vessel or aircraft on which the alien arrived in 
     the United States in a foreign territory contiguous to the 
     United States, an island adjacent to the United States, or an 
     island adjacent to a foreign territory contiguous to the 
     United States, and the alien is not a native, citizen, 
     subject, or national of, or does not reside in, the territory 
     or island, removal shall be to the country in which the alien 
     boarded the vessel that transported the alien to the 
     territory or island.
       ``(C) Alternative countries.--If the government of the 
     country designated in subparagraph (A) or (B) is unwilling to 
     accept the alien into that country's territory, removal shall 
     be to any of the following countries, as directed by the 
     Attorney General:
       ``(i) The country of which the alien is a citizen, subject, 
     or national.
       ``(ii) The country in which the alien was born.
       ``(iii) The country in which the alien has a residence.
       ``(iv) A country with a government that will accept the 
     alien into the country's territory if removal to each country 
     described in a previous clause of this subparagraph is 
     impracticable, inadvisable, or impossible.
       ``(2) Other aliens.--Subject to paragraph (3)--
       ``(A) Selection of country by alien.--Except as otherwise 
     provided in this paragraph--
       ``(i) any alien not described in paragraph (1) who has been 
     ordered removed may designate one country to which the alien 
     wants to be removed, and
       ``(ii) the Attorney General shall remove the alien to the 
     country the alien so designates.
       ``(B) Limitation on designation.--An alien may designate 
     under subparagraph (A)(i) a foreign territory contiguous to 
     the United States, an adjacent island, or an island adjacent 
     to a foreign territory contiguous to the United States as the 
     place to which the alien is to be removed only if the alien 
     is a native, citizen, subject, or national of, or has resided 
     in, that designated territory or island.
       ``(C) Disregarding designation.--The Attorney General may 
     disregard a designation under subparagraph (A)(i) if--
       ``(i) the alien fails to designate a country promptly;
       ``(ii) the government of the country does not inform the 
     Attorney General finally, within 30 days after the date the 
     Attorney General first inquires, whether the government will 
     accept the alien into the country;
       ``(iii) the government of the country is not willing to 
     accept the alien into the country; or
       ``(iv) the Attorney General decides that removing the alien 
     to the country is prejudicial to the United States.
       ``(D) Alternative country.--If an alien is not removed to a 
     country designated under subparagraph (A)(i), the Attorney 
     General shall remove the alien to a country of which the 
     alien is a subject, national, or citizen unless the 
     government of the country--
       ``(i) does not inform the Attorney General or the alien 
     finally, within 30 days after the date the Attorney General 
     first inquires or within another period of time the Attorney 
     General decides is reasonable, whether the government will 
     accept the alien into the country; or
       ``(ii) is not willing to accept the alien into the country.
       ``(E) Additional removal countries.--If an alien is not 
     removed to a country under the previous subparagraphs of this 
     paragraph, the Attorney General shall remove the alien to any 
     of the following countries:
       ``(i) The country from which the alien was admitted to the 
     United States.
       ``(ii) The country in which is located the foreign port 
     from which the alien left for the United States or for a 
     foreign territory contiguous to the United States.
       ``(iii) A country in which the alien resided before the 
     alien entered the country from which the alien entered the 
     United States.
       ``(iv) The country in which the alien was born.
       ``(v) The country that had sovereignty over the alien's 
     birthplace when the alien was born.
       ``(vi) The country in which the alien's birthplace is 
     located when the alien is ordered removed.
       ``(vii) If impracticable, inadvisable, or impossible to 
     remove the alien to each country described in a previous 
     clause of this subparagraph, another country whose government 
     will accept the alien into that country.
       ``(F) Removal country when united states is at war.--When 
     the United States is at war and the Attorney General decides 
     that it is impracticable, inadvisable, inconvenient, or 
     impossible to remove an alien under this subsection because 
     of the war, the Attorney General may remove the alien--
       ``(i) to the country that is host to a government in exile 
     of the country of which the alien is a citizen or subject if 
     the government of the host country will permit the alien's 
     entry; or
       ``(ii) if the recognized government of the country of which 
     the alien is a citizen or subject is not in exile, to a 
     country, or a political or territorial subdivision of a 
     country, that is very near the country of which the alien is 
     a citizen or subject, or, with the consent of the government 
     of the country of which the alien is a citizen or subject, to 
     another country.
       ``(c) Removal of Aliens Arriving at Port of Entry.--
       ``(1) Vessels and aircraft.--An alien arriving at a port of 
     entry of the United States who is ordered removed either 
     without a hearing under section 235(a)(1) or 235(c) or 
     pursuant to proceedings under section 240 initiated at the 
     time of such alien's arrival shall be removed immediately on 
     a vessel or aircraft owned by the owner of the vessel or 
     aircraft on which the alien arrived in the United States, 
     unless--
       ``(A) it is impracticable to remove the alien on one of 
     those vessels or aircraft within a reasonable time, or
       ``(B) the alien is a stowaway--
       ``(i) who has been ordered removed in accordance with 
     section 235(a)(1),
       ``(ii) who has requested asylum, and
       ``(iii) whose application has not been adjudicated or whose 
     asylum application has been denied but who has not exhausted 
     all appeal rights.
       ``(2) Stay of removal.--
       ``(A) In general.--The Attorney General may stay the 
     removal of an alien under this subsection if the Attorney 
     General decides that--
       ``(i) immediate removal is not practicable or proper; or
       ``(ii) the alien is needed to testify in the prosecution of 
     a person for a violation of a law of the United States or of 
     any State.
       ``(B) Payment of detention costs.--During the period an 
     alien is detained because of a stay of removal under 
     subparagraph (A)(ii), the Attorney General may pay from the 
     appropriation `Immigration and Naturalization Service--
     Salaries and Expenses'--
       ``(i) the cost of maintenance of the alien; and
       ``(ii) a witness fee of $1 a day.
       ``(C) Release during stay.--The Attorney General may 
     release an alien whose removal is stayed under subparagraph 
     (A)(ii) on--
       ``(i) the alien's filing a bond of at least $500 with 
     security approved by the Attorney General;
       ``(ii) condition that the alien appear when required as a 
     witness and for removal; and
       ``(iii) other conditions the Attorney General may 
     prescribe.
       ``(3) Costs of detention and maintenance pending removal.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and subsection (d), an owner of a vessel or aircraft bringing 
     an alien to the United States shall pay the costs of 
     detaining and maintaining the alien--
       ``(i) while the alien is detained under subsection (d)(1), 
     and
       ``(ii) in the case of an alien who is a stowaway, while the 
     alien is being detained pursuant to--

       ``(I) subsection (d)(2)(A) or (d)(2)(B)(i),
       ``(II) subsection (d)(2)(B)(ii) or (iii) for the period of 
     time reasonably necessary for the owner to arrange for 
     repatriation or removal of the stowaway, including obtaining 
     necessary travel documents, but not to extend beyond the date 
     on which it is ascertained that such travel documents cannot 
     be obtained from the country to which the stowaway is to be 
     returned, or
       ``(III) section 235(b)(1)(B)(ii), for a period not to 
     exceed 15 days (excluding Saturdays, Sundays, and holidays) 
     commencing on the first such day which begins on the earlier 
     of 72 hours after the time of the initial presentation of the 
     stowaway for inspection or at the time the stowaway is 
     determined to have a credible fear of persecution.

       ``(B) Nonapplication.--Subparagraph (A) shall not apply 
     if--
       ``(i) the alien is a crewmember;
       ``(ii) the alien has an immigrant visa;
       ``(iii) the alien has a nonimmigrant visa or other 
     documentation authorizing the alien to apply for temporary 
     admission to the United States and applies for admission not 
     later than 120 days after the date the visa or documentation 
     was issued;
       ``(iv) the alien has a reentry permit and applies for 
     admission not later than 120 days after the date of the 
     alien's last inspection and admission;
       ``(v)(I) the alien has a nonimmigrant visa or other 
     documentation authorizing the alien to apply for temporary 
     admission to the United States or a reentry permit;
       ``(II) the alien applies for admission more than 120 days 
     after the date the visa or documentation was issued or after 
     the date of the last inspection and admission under the 
     reentry permit; and

[[Page H2410]]

       ``(III) the owner of the vessel or aircraft satisfies the 
     Attorney General that the existence of the condition relating 
     to inadmissibility could not have been discovered by 
     exercising reasonable care before the alien boarded the 
     vessel or aircraft; or
       ``(vi) the individual claims to be a national of the United 
     States and has a United States passport.
        ``(d) Requirements of Persons Providing Transportation.--
       ``(1) Removal at time of arrival.--An owner, agent, master, 
     commanding officer, person in charge, purser, or consignee of 
     a vessel or aircraft bringing an alien (except an alien 
     crewmember) to the United States shall--
       ``(A) receive an alien back on the vessel or aircraft or 
     another vessel or aircraft owned or operated by the same 
     interests if the alien is ordered removed under this part; 
     and
       ``(B) take the alien to the foreign country to which the 
     alien is ordered removed.
       ``(2) Alien stowaways.--An owner, agent, master, commanding 
     officer, charterer, or consignee of a vessel or aircraft 
     arriving in the United States with an alien stowaway--
       ``(A) shall detain the alien on board the vessel or 
     aircraft, or at such place as the Attorney General shall 
     designate, until completion of the inspection of the alien by 
     an immigration officer;
       ``(B) may not permit the stowaway to land in the United 
     States, except pursuant to regulations of the Attorney 
     General temporarily--
       ``(i) for medical treatment,
       ``(ii) for detention of the stowaway by the Attorney 
     General, or
       ``(iii) for departure or removal of the stowaway; and
       ``(C) if ordered by an immigration officer, shall remove 
     the stowaway on the vessel or aircraft or on another vessel 
     or aircraft.

     The Attorney General shall grant a timely request to remove 
     the stowaway under subparagraph (C) on a vessel or aircraft 
     other than that on which the stowaway arrived if any travel 
     documents necessary for departure or repatriation of the 
     stowaway have been obtained and removal of the stowaway will 
     not be unreasonably delayed.
       ``(3) Removal upon order.--An owner, agent, master, 
     commanding officer, person in charge, purser, or consignee of 
     a vessel, aircraft, or other transportation line shall comply 
     with an order of the Attorney General to take on board, guard 
     safely, and transport to the destination specified any alien 
     ordered to be removed under this Act.
       ``(e) Payment of Expenses of Removal.--
       ``(1) Costs of removal at time of arrival.--In the case of 
     an alien who is a stowaway or who is ordered removed either 
     without a hearing under section 235(a)(1) or 235(c) or 
     pursuant to proceedings under section 240 initiated at the 
     time of such alien's arrival, the owner of the vessel or 
     aircraft (if any) on which the alien arrived in the United 
     States shall pay the transportation cost of removing the 
     alien. If removal is on a vessel or aircraft not owned by the 
     owner of the vessel or aircraft on which the alien arrived in 
     the United States, the Attorney General may--
       ``(A) pay the cost from the appropriation `Immigration and 
     Naturalization Service--Salaries and Expenses'; and
       ``(B) recover the amount of the cost in a civil action from 
     the owner, agent, or consignee of the vessel or aircraft (if 
     any) on which the alien arrived in the United States.
       ``(2) Costs of removal to port of removal for aliens 
     admitted or permitted to land.--In the case of an alien who 
     has been admitted or permitted to land and is ordered 
     removed, the cost (if any) of removal of the alien to the 
     port of removal shall be at the expense of the appropriation 
     for the enforcement of this Act.
       ``(3) Costs of removal from port of removal for aliens 
     admitted or permitted to land.--
       ``(A) Through appropriation.--Except as provided in 
     subparagraph (B), in the case of an alien who has been 
     admitted or permitted to land and is ordered removed, the 
     cost (if any) of removal of the alien from the port of 
     removal shall be at the expense of the appropriation for the 
     enforcement of this Act.
       ``(B) Through owner.--
       ``(i) In general.--In the case of an alien described in 
     clause (ii), the cost of removal of the alien from the port 
     of removal may be charged to any owner of the vessel, 
     aircraft, or other transportation line by which the alien 
     came to the United States.
       ``(ii) Aliens described.--An alien described in this clause 
     is an alien who--

       ``(I) is admitted to the United States (other than lawfully 
     admitted for permanent residence) and is ordered removed 
     within 5 years of the date of admission based on a ground 
     that existed before or at the time of admission, or
       ``(II) is an alien crewman permitted to land temporarily 
     under section 252 and is ordered removed within 5 years of 
     the date of landing.

       ``(C) Costs of removal of certain aliens granted voluntary 
     departure.--In the case of an alien who has been granted 
     voluntary departure under section 240B and who is financially 
     unable to depart at the alien's own expense and whose removal 
     the Attorney General deems to be in the best interest of the 
     United States, the expense of such removal may be paid from 
     the appropriation for the enforcement of this Act.
       ``(f) Aliens Requiring Personal Care During Removal.--
       ``(1) In general.--If the Attorney General believes that an 
     alien being removed requires personal care because of the 
     alien's mental or physical condition, the Attorney General 
     may employ a suitable person for that purpose who shall 
     accompany and care for the alien until the alien arrives at 
     the final destination.
       ``(2) Costs.--The costs of providing the service described 
     in paragraph (1) shall be defrayed in the same manner as the 
     expense of removing the accompanied alien is defrayed under 
     this section.
       ``(g) Places of Detention.--
       ``(1) In general.--The Attorney General shall arrange for 
     appropriate places of detention for aliens detained pending 
     removal or a decision on removal. When United States 
     Government facilities are unavailable or facilities adapted 
     or suitably located for detention are unavailable for rental, 
     the Attorney General may expend from the appropriation 
     `Immigration and Naturalization Service--Salaries and 
     Expenses', without regard to section 3709 of the Revised 
     Statutes (41 U.S.C. 5), amounts necessary to acquire land and 
     to acquire, build, remodel, repair, and operate facilities 
     (including living quarters for immigration officers if not 
     otherwise available) necessary for detention.
       ``(2) Detention facilities of the immigration and 
     naturalization service.--Prior to initiating any project for 
     the construction of any new detention facility for the 
     Service, the Commissioner shall consider the availability for 
     purchase or lease of any existing prison, jail, detention 
     center, or other comparable facility suitable for such use.
       ``(h) Statutory Construction.--Nothing in this section 
     shall be construed to create any substantive or procedural 
     right or benefit that is legally enforceable by any party 
     against the United States or its agencies or officers or any 
     other person.''.
       (b) Modification of Authority.--
       (1) Section 241(i), as redesignated by section 306(a)(1), 
     is amended--
       (A) in paragraph (3)(A) by striking ``felony and sentenced 
     to a term of imprisonment'' and inserting ``felony or two or 
     more misdemeanors'', and
       (B) by adding at the end the following new paragraph:
       ``(6) In this subsection, the term `incarceration' includes 
     imprisonment in a State or local prison or jail the time of 
     which is counted towards completion of a sentence or the 
     detention of an alien previously convicted of a felony or 
     misdemeanor who has been arrested and is being held pending 
     judicial action on new charges or pending transfer to Federal 
     custody.''.
       (2) The amendments made by paragraph (1) shall apply 
     beginning with fiscal year 1996.
       (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) 
     (8 U.S.C. 1182(a)(4)), as amended by section 621(a), is 
     amended by striking ``241(a)(5)(B)'' each place it appears 
     and inserting ``237(a)(5)(B)''.

     SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

       (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
       (1) by redesignating subsection (j) as subsection (i) and 
     by moving such subsection and adding it at the end of section 
     241, as inserted by section 305(a)(3); and
       (2) by amending the remainder of section 242 to read as 
     follows:


                 ``judicial review of orders of removal

       ``Sec. 242. (a) Applicable Provisions.--
       ``(1) General orders of removal.--Judicial review of a 
     final order of removal (other than an order of removal 
     without a hearing pursuant to section 235(b)(1)) is governed 
     only by chapter 158 of title 28 of the United States Code, 
     except as provided in subsection (b) and except that the 
     court may not order the taking of additional evidence under 
     section 2347(c) of such title.
       ``(2) Limitations on review relating to section 
     235(b)(1).--Notwithstanding any other provision of law, no 
     court shall have jurisdiction to review--
       ``(A) except as provided in subsection (f), any individual 
     determination or to entertain any other cause or claim 
     arising from or relating to the implementation or operation 
     of an order of removal pursuant to section 235(b)(1),
       ``(B) a decision by the Attorney General to invoke the 
     provisions of such section,
       ``(C) the application of such section to individual aliens, 
     including the determination made under section 235(b)(1)(B), 
     or
       ``(D) procedures and policies adopted by the Attorney 
     General to implement the provisions of section 235(b)(1).
       ``(3) Treatment of certain decisions.--No alien shall have 
     a right to appeal from a decision of an immigration judge 
     which is based solely on a certification described in section 
     240(c)(1)(B).
       ``(b) Requirements for Orders of Removal.--With respect to 
     review of an order of removal under subsection (a)(1), the 
     following requirements apply:
       ``(1) Deadline.--The petition for review must be filed not 
     later than 30 days after the date of the final order of 
     removal.
       ``(2) Venue and forms.--The petition for review shall be 
     filed with the court of appeals for the judicial circuit in 
     which the immigration judge completed the proceedings. 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.
       ``(3) Service.--
       ``(A) In general.--The respondent is the Attorney General. 
     The petition shall be served on the Attorney General and on 
     the officer or employee of the Service in charge of the 
     Service district in which the initial proceedings under 
     section 240 were conducted.
       ``(B) Stay of order.--
       ``(i) In general.--Except as provided in clause (ii), 
     service of the petition on the officer or employee stays the 
     removal of an alien pending the court's decision on the 
     petition, unless the court orders otherwise.
       ``(ii) Exception.--If the alien has been convicted of an 
     aggravated felony, or the alien has been ordered removed 
     pursuant to a finding that the alien is inadmissible under 
     section 212, service of the petition does not stay the 
     removal unless the court orders otherwise.

[[Page H2411]]

       ``(4) Decision.--Except as provided in paragraph (5)(B)--
       ``(A) the court of appeals shall decide the petition only 
     on the administrative record on which the order of removal is 
     based,
       ``(B) the administrative findings of fact are conclusive if 
     supported by reasonable, substantial, and probative evidence 
     on the record considered as a whole, and
       ``(C) a decision that an alien is not eligible for 
     admission to the United States is conclusive unless 
     manifestly contrary to law.
       ``(5) Treatment of nationality claims.--
       ``(A) Court determination if no issue of fact.--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) Transfer if issue of fact.--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, United 
     States Code.
       ``(C) Limitation on determination.--The petitioner may have 
     such nationality claim decided only as provided in this 
     paragraph.
       ``(6) Consolidation with review of motions to reopen or 
     reconsider.--When a petitioner seeks review of an order under 
     this section, any review sought of a motion to reopen or 
     reconsider the order shall be consolidated with the review of 
     the order.
       ``(7) Challenge to validity of orders in certain criminal 
     proceedings.--
       ``(A) In general.--If the validity of an order of removal 
     has not been judicially decided, a defendant in a criminal 
     proceeding charged with violating section 243(a) 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) Claims of united states nationality.--If the 
     defendant claims in the motion to be a national of the United 
     States and the district court finds that--
       ``(i) no 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 
     removal order is based and the administrative findings of 
     fact are conclusive if supported by reasonable, substantial, 
     and probative evidence on the record considered as a whole; 
     or
       ``(ii) 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, 
     United States Code.
     The defendant may have such nationality claim decided only as 
     provided in this subparagraph.
       ``(C) Consequence of invalidation.--If the district court 
     rules that the removal order is invalid, the court shall 
     dismiss the indictment for violation of section 243(a). The 
     United States Government may appeal the dismissal to the 
     court of appeals for the appropriate circuit within 30 days 
     after the date of the dismissal.
       ``(D) Limitation on filing petitions for review.--The 
     defendant in a criminal proceeding under section 243(a) may 
     not file a petition for review under subsection (a) during 
     the criminal proceeding.
       ``(8) Construction.--This subsection--
       ``(A) does not prevent the Attorney General, after a final 
     order of removal has been issued, from detaining the alien 
     under section 241(a);
       ``(B) does not relieve the alien from complying with 
     section 241(a)(4) and section 243(g); and
       ``(C) except as provided in paragraph (3), does not require 
     the Attorney General to defer removal of the alien.
       ``(c) Requirements for Petition.--A petition for review or 
     for habeas corpus of an order of removal 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 may review a final 
     order of removal only if--
       ``(1) the alien has exhausted all administrative remedies 
     available to the alien as of right, and
       ``(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) In general.--A petition for review filed by an alien 
     against whom a final order of removal has been issued under 
     section 238 may challenge only whether--
       ``(A) the alien is the alien described in the order,
       ``(B) the alien is an alien described in section 238(b)(2) 
     and has been convicted after entry into the United States of 
     an aggravated felony, and
       ``(C) proceedings against the alien complied with section 
     238(b)(4).
       ``(2) Limited jurisdiction.--A court reviewing the petition 
     has jurisdiction only to review the issues described in 
     paragraph (1).
       ``(f) Judicial Review of Orders Under Section 235(b)(1).--
       ``(1) Application.--The provisions of this subsection apply 
     with respect to judicial review of orders of removal effected 
     under section 235(b)(1).
       ``(2) Limitations on relief.--Regardless of the nature of 
     the action or claim and regardless 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.
       ``(3) Limitation to habeas corpus.--Judicial review of any 
     matter, cause, claim, or individual determination made or 
     arising under or pertaining to section 235(b)(1) shall only 
     be available in habeas corpus proceedings, and shall be 
     limited to determinations of--
       ``(A) whether the petitioner is an alien,
       ``(B) whether the petitioner was ordered removed under such 
     section, and
       ``(C) whether the petitioner can prove by a preponderance 
     of the evidence that the petitioner 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(b)(1)(C).
       ``(4) Decision.--In any case where the court determines 
     that the petitioner--
       ``(A) is an alien who was not ordered removed under section 
     235(b)(1), or
       ``(B) has demonstrated by a preponderance of the evidence 
     that the alien 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 240. Any alien who is provided a hearing under 
     section 240 pursuant to this paragraph may thereafter obtain 
     judicial review of any resulting final order of removal 
     pursuant to subsection (a)(1).
       ``(5) Scope of inquiry.--In determining whether an alien 
     has been ordered removed under section 235(b)(1), 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 inadmissible or 
     entitled to any relief from removal.
       ``(g) Limit on Injunctive Relief.--Regardless of the nature 
     of the action or claim or of the identity of the party or 
     parties bringing the action, no court (other than the Supreme 
     Court) shall have jurisdiction or authority to enjoin or 
     restrain the operation of the provisions of chapter 4 of 
     title II, as amended by the Immigration in the National 
     Interest Act of 1995, other than with respect to the 
     application of such provisions to an individual alien against 
     whom proceedings under such chapter have been initiated.''.
       (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 
     repealed.

     SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 
                   243).

       (a) In General.--Section 243 (8 U.S.C. 1253) is amended to 
     read as follows:


                     ``penalties related to removal

       ``Sec. 243. (a) Penalty for Failure to Depart.--
       ``(1) In general.--Any alien against whom a final order of 
     removal is outstanding by reason of being a member of any of 
     the classes described in section 237(a), who--
       ``(A) willfully fails or refuses to depart from the United 
     States within a period of 90 days from the date of the final 
     order of removal under administrative processes, or if 
     judicial review is had, then from the date of the final order 
     of the court,
       ``(B) willfully fails or refuses to make timely application 
     in good faith for travel or other documents necessary to the 
     alien's departure,
       ``(C) connives or conspires, or takes any other action, 
     designed to prevent or hamper or with the purpose of 
     preventing or hampering the alien's departure pursuant to 
     such, or
       ``(D) willfully fails or refuses to present himself or 
     herself for removal at the time and place required by the 
     Attorney General pursuant to such order,

     shall be fined under title 18, United States Code, or 
     imprisoned not more than four years (or 10 years if the alien 
     is a member of any of the classes described in paragraph 
     (1)(E), (2), (3), or (4) of section 237(a)), or both.
       ``(2) Exception.--It is not a violation of paragraph (1) to 
     take any proper steps for the purpose of securing 
     cancellation of or exemption from such order of removal or 
     for the purpose of securing the alien's release from 
     incarceration or custody.
       ``(3) Suspension.--The court may for good cause suspend the 
     sentence of an alien under this subsection and order the 
     alien's release under such conditions as the court may 
     prescribe. In determining whether good cause has been shown 
     to justify releasing the alien, the court shall take into 
     account such factors as--
       ``(A) the age, health, and period of detention of the 
     alien;
       ``(B) the effect of the alien's release upon the national 
     security and public peace or safety;
       ``(C) the likelihood of the alien's resuming or following a 
     course of conduct which made or would make the alien 
     deportable;
       ``(D) the character of the efforts made by such alien 
     himself and by representatives of the country or countries to 
     which the alien's removal is directed to expedite the alien's 
     departure from the United States;
       ``(E) the reason for the inability of the Government of the 
     United States to secure passports, other travel documents, or 
     removal facilities from the country or countries to which the 
     alien has been ordered removed; and
       ``(F) the eligibility of the alien for discretionary relief 
     under the immigration laws.
       ``(b) Willful Failure to Comply with Terms of Release Under 
     Supervision.--An alien who shall willfully fail to comply 
     with regulations or requirements issued pursuant to section 
     241(a)(3) or knowingly give false information in response to 
     an inquiry under such section shall be fined not more than 
     $1,000 or imprisoned for not more than one year, or both.

[[Page H2412]]

       ``(c) Penalties Relating to Vessels and Aircraft.--
       ``(1) Civil penalties.--
       ``(A) Failure to carry out certain orders.--If the Attorney 
     General is satisfied that a person has violated subsection 
     (d) or (e) of section 241, the person shall pay to the 
     Commissioner the sum of $2,000 for each violation.
       ``(B) Failure to remove alien stowaways.--If the Attorney 
     General is satisfied that a person has failed to remove an 
     alien stowaway as required under section 241(d)(2), the 
     person shall pay to the Commissioner the sum of $5,000 for 
     each alien stowaway not removed.
       ``(C) No compromise.--The Attorney General may not 
     compromise the amount of such penalty under this paragraph.
       ``(2) Clearing vessels and aircraft.--
       ``(A) Clearance before decision on liability.--A vessel or 
     aircraft may be granted clearance before a decision on 
     liability is made under paragraph (1) only if a bond approved 
     by the Attorney General or an amount sufficient to pay the 
     civil penalty is deposited with the Commissioner.
       ``(B) Prohibition on clearance while penalty unpaid.--A 
     vessel or aircraft may not be granted clearance if a civil 
     penalty imposed under paragraph (1) is not paid.
       ``(d) Discontinuing Granting Visas to Nationals of Country 
     Denying or Delaying 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 shall 
     order consular officers in that foreign country to 
     discontinue granting immigrant visas or nonimmigrant visas, 
     or both, 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. REDESIGNATION AND REORGANIZATION OF OTHER 
                   PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.

       (a) Conforming Amendment to Table of Contents; Overview of 
     Reorganized Chapters.--The table of contents, as amended by 
     section 851(d)(1), is amended--
       (1) by striking the item relating to section 106, and
       (2) by striking the item relating to chapter 4 of title II 
     and all that follows through the item relating to section 
     244A and inserting the following:


   ``chapter 4--inspection, apprehension, examination, exclusion, and 
                                removal

``Sec. 231. Lists of alien and citizen passengers arriving or 
              departing; record of resident aliens and citizens leaving 
              permanently for foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign contiguous territory and 
              adjacent islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil 
              aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of 
              inadmissible arriving aliens; referral for hearing.
``Sec. 236. Apprehension and detention of aliens not lawfully in the 
              United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing 
              aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.


             ``chapter 5--adjustment and change of status''.

       (b) Reorganization of Other Provisions.--Chapters 4 and 5 
     of title II are amended as follows:
       (1) Amending chapter heading.--Amend the heading for 
     chapter 4 of title II to read as follows:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                               Removal''.

       (2) Redesignating section 232 as section 232(a).--Amend 
     section 232 (8 U.S.C. 1222)--
       (A) by inserting ``(a) Detention of Aliens.--'' after 
     ``Sec. 232.'', and
       (B) by amending the section heading to read as follows:


      ``detention of aliens for physical and mental examination''.

       (3) Redesignating section 234 as section 232(b).--Amend 
     section 234 (8 U.S.C. 1224)--
       (A) by striking the heading,
       (B) by striking ``Sec. 234.'' and inserting the following: 
     ``(b) Physical and Mental Examination.--'', and
       (C) by moving such provision to the end of section 232.
       (4) Redesignating section 238 as section 233.--Redesignate 
     section 238 (8 U.S.C. 1228) as section 233 and move the 
     section to immediately follow section 232.
       (5) Redesignating section 242a as section 238.--Redesignate 
     section 242A as section 238, strike ``deportation'' in its 
     heading and insert ``removal'', and move the section to 
     immediately follow section 237 (as redesignated by section 
     305(a)(2)).
       (6) Striking section 242b.--Strike section 242B (8 U.S.C. 
     1252b).
       (7) Striking section 244 and redesignating section 244a as 
     section 244.--Strike section 244 and redesignate section 244A 
     as section 244.
       (8) Amending chapter heading.--Amend the heading for 
     chapter 5 of title II to read as follows:

            ``Chapter 5--Adjustment and Change of Status''.

       (c) Additional Conforming Amendments.--
       (1) Expedited procedures for aggravated felons (former 
     section 242a).--Section 238 (which, previous to redesignation 
     under section 308(b)(5), was section 242A) is amended--
       (A) in subsection (a)(1), by striking ``section 242'' and 
     inserting ``section 240'';
       (B) in subsection (a)(2), by striking ``section 242(a)(2)'' 
     and inserting ``section 236(c)''; and
       (C) in subsection (b)(1), by striking ``section 
     241(a)(2)(A)(iii)'' and inserting ``section 
     237(a)(2)(A)(iii)''.
       (2) Treatment of certain helpless aliens.--
       (A) Certification of helpless aliens.--Section 232, as 
     amended by section 308(b)(2), is further amended by adding at 
     the end the following new subsection:
       ``(c) Certification of Certain Helpless Aliens.--If an 
     examining medical officer determines that an alien arriving 
     in the United States is inadmissible, is helpless from 
     sickness, mental or physical disability, or infancy, and is 
     accompanied by another alien whose protection or guardianship 
     may be required, the officer may certify such fact for 
     purposes of applying section 212(a)(10)(B) with respect to 
     the other alien.''.
       (B) Ground of inadmissibility for protection and 
     guardianship of aliens denied admission for health or 
     infancy.--Subparagraph (B) of section 212(a)(10) (8 U.S.C. 
     1182(a)(10)), as redesignated by section 301(a)(1), is 
     amended to read as follows:
       ``(B) Guardian required to accompany helpless alien.--Any 
     alien--
       ``(i) who is accompanying another alien who is inadmissible 
     and who is certified to be helpless from sickness, mental or 
     physical disability, or infancy pursuant to section 232(c), 
     and
       ``(ii) whose protection or guardianship is determined to be 
     required by the alien described in clause (i),

     is inadmissible.''.
       (3) Contingent consideration in relation to removal of 
     aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
       (A) by inserting ``(1)'' after ``(a)'', and
       (B) by adding at the end the following new paragraph:
       ``(2) It is unlawful for an owner, agent, master, 
     commanding officer, person in charge, purser, or consignee of 
     a vessel or aircraft who is bringing an alien (except an 
     alien crewmember) to the United States to take any 
     consideration to be kept or returned contingent on whether an 
     alien is admitted to, or ordered removed from, the United 
     States.''.
       (4) Clarification.--(A) Section 238(a)(1), which, previous 
     to redesignation under section 308(b)(5), was section 
     242A(a)(1), is amended by adding at the end the following: 
     ``Nothing in this section shall be construed to create any 
     substantive or procedural right or benefit that is legally 
     enforceable by any party against the United States or its 
     agencies or officers or any other person.''.
       (B) Section 225 of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416), as 
     amended by section 851(b)(15), is amended by striking ``and 
     nothing in'' and all that follows up to ``shall''.
       (d) Additional Conforming Amendments Relating to Exclusion 
     and Inadmissibility.--
       (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
     amended--
       (A) in the heading, by striking ``excluded from'' and 
     inserting ``ineligible for'';
       (B) in the matter in subsection (a) before paragraph (1), 
     by striking all that follows ``(a)'' and inserting the 
     following: ``Classes of Aliens Ineligible for Visas or 
     Admission.--Except as otherwise provided in this Act, aliens 
     who are inadmissible under the following paragraphs are 
     ineligible to receive visas and ineligible to be admitted to 
     the United States:'';
       (C) in subsection (a), by striking ``is excludable'' and 
     inserting ``is inadmissible'' each place it appears;
       (D) in subsections (a)(5)(C), (d)(1), (k), by striking 
     ``exclusion'' and inserting ``inadmissibility'';
       (E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by 
     striking ``excludable'' each place it appears and inserting 
     ``inadmissible'';
       (F) in subsection (b)(2), by striking ``or ineligible for 
     entry'';
       (G) in subsection (d)(7), by striking ``excluded from'' and 
     inserting ``denied''; and
       (H) in subsection (h)(1)(B), by striking ``exclusion'' and 
     inserting ``denial of admission''.
       (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
     redesignation as section 237 by section 305(a)(2), is 
     amended--
       (A) in subsection (a)(1)(H), by striking ``excludable'' and 
     inserting ``inadmissible'';
       (B) in subsection (a)(4)(C)(ii), by striking 
     ``excludability'' and inserting ``inadmissibility''; and
       (C) in subsection (c), by striking ``exclusion'' and 
     inserting ``inadmissibility''.
       (3) Other general references.--The following provisions are 
     amended by striking ``excludability'' and ``excludable'' each 
     place each appears and inserting ``inadmissibility'' and 
     ``inadmissible'', respectively:
       (A) Sections 101(f)(3), 213, 234 (before redesignation by 
     section 308(b)), 241(a)(1) (before redesignation by section 
     305(a)(2)), 272(a), 277, 286(h)(2)(A)(v), and 
     286(h)(2)(A)(vi).
       (B) Section 601(c) of the Immigration Act of 1990.

[[Page H2413]]

       (C) Section 128 of the Foreign Relations Authorization Act, 
     Fiscal Years 1992 and 1993 (Public Law 102-138).
       (D) Section 1073 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337).
       (E) Section 221 of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416).
       (4) Related terms.--
       (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by 
     striking ``or expulsion'' and inserting ``expulsion, or 
     removal''.
       (B) Section 102 (8 U.S.C. 1102) is amended by striking 
     ``exclusion or deportation'' and inserting ``removal''.
       (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
     striking ``been excluded or deported'' and inserting ``not 
     been admitted or have been removed''.
       (D) Section 206 (8 U.S.C. 1156) is amended by striking 
     ``excluded from admission to the United States and deported'' 
     and inserting ``denied admission to the United States and 
     removed''.
       (E) Section 216(f) (8 U.S.C. 1186a) is amended by striking 
     ``exclusion'' and inserting ``inadmissibility''.
       (F) Section 217 (8 U.S.C. 1187) is amended by striking 
     ``excluded from admission'' and inserting ``denied admission 
     at the time of arrival'' each place it appears.
       (G) Section 221(f) (8 U.S.C. 1201) is amended by striking 
     ``exclude'' and inserting ``deny admission to''.
       (H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated by 
     subsection (b)(2), is amended by striking ``excluded by'' and 
     ``the excluded classes'' and inserting ``inadmissible under'' 
     and ``inadmissible classes'', respectively.
       (I)(i) Section 272 (8 U.S.C. 1322) is amended--
       (I) by striking ``exclusion'' in the heading and inserting 
     ``denial of admission'',
       (II) in subsection (a), by striking ``excluding condition'' 
     and inserting ``condition causing inadmissibility'', and
       (III) in subsection (c), by striking ``excluding''.
       (ii) The item in the table of contents relating to such 
     section is amended by striking ``exclusion'' and inserting 
     ``denial of admission''.
       (J) Section 276(a) (8 U.S.C. 1326) is amended--
       (i) in paragraph (1), by striking ``deported or excluded 
     and deported'' and inserting ``denied admission or removed'', 
     and
       (ii) in paragraph (2)(B), by striking ``excluded and 
     deported'' and inserting ``denied admission and removed''.
       (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi)) 
     is amended by striking ``exclusion'' each place it appears 
     and inserting ``removal''.
       (L) Section 287 (8 U.S.C. 1357) is amended--
       (i) in subsection (a), by striking ``or expulsion'' each 
     place it appears and inserting ``expulsion, or removal'', and
       (ii) in subsection (c), by striking ``exclusion from'' and 
     inserting ``denial of admission to''.
       (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
     striking ``admitted to the United States, or excluded 
     therefrom'' each place it appears and inserting ``admitted or 
     denied admission to the United States''.
       (N) Section 291 (8 U.S.C. 1361) is amended by striking 
     ``subject to exclusion'' and inserting ``inadmissible'' each 
     place it appears.
       (O) Section 292 (8 U.S.C. 1362) is amended by striking 
     ``exclusion or deportation'' each place it appears and 
     inserting ``removal''.
       (P) Section 360 (8 U.S.C. 1503) is amended--
       (i) in subsection (a), by striking ``exclusion'' each place 
     it appears and inserting ``removal'', and
       (ii) in subsection (c), by striking ``excluded from'' and 
     inserting ``denied''.
       (Q) Section 301(a)(1) of the Immigration Act of 1990 is 
     amended by striking ``exclusion'' and inserting 
     ``inadmissibility''.
       (R) Section 401(c) of the Refugee Act of 1980 is amended by 
     striking ``deportation or exclusion'' and inserting 
     ``removal''.
       (S) Section 501(e)(2) of the Refugee Education Assistance 
     Act of 1980 (Public Law 96-422) is amended--
       (i) by striking ``exclusion or deportation'' each place it 
     appears and inserting ``removal'', and
       (ii) by striking ``deportation or exclusion'' each place it 
     appears and inserting ``removal''.
       (T) Section 4113(c) of title 18, United States Code, is 
     amended by striking ``exclusion and deportation'' and 
     inserting ``removal''.
       (e) Revision of Terminology Relating to Deportation.--
       (1) Each of the following is amended by striking 
     ``deportation'' each place it appears and inserting 
     ``removal'':
       (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
     (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)).
       (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
       (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
       (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as 
     redesignated by section 851(a)(3)(A).
       (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before 
     redesignation as section 237 by section 305(a)(2).
       (F) Section 242A (8 U.S.C. 1252a), before redesignation as 
     section 238 by subsection (b)(5).
       (G) Subsections (a)(3) and (b)(5)(B) of section 244A (8 
     U.S.C. 1254a), before redesignation as section 244 by 
     subsection (b)(7).
       (H) Section 246(a) (8 U.S.C. 1256(a)).
       (I) Section 254 (8 U.S.C. 1284).
       (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
       (K) Section 276(b) (8 U.S.C. 1326(b)).
       (L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)).
       (M) Section 291 (8 U.S.C. 1361).
       (N) Section 318 (8 U.S.C. 1429).
       (O) Section 130005(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322).
       (P) Section 4113(b) of title 18, United States Code.
       (2) Each of the following is amended by striking 
     ``deported'' each place it appears and inserting ``removed'':
       (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
       (B) Section 214(d) (8 U.S.C. 1184(d)).
       (C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation 
     as section 237 by section 305(a)(2).
       (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
     1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) but 
     before redesignation as section 238 by subsection (b)(5).
       (E) Section 252(b) (8 U.S.C. 1282(b)).
       (F) Section 254 (8 U.S.C. 1284).
       (G) Subsections (b) and (c) of section 266 (8 U.S.C. 1306).
       (H) Section 301(a)(1) of the Immigration Act of 1990.
       (I) Section 4113 of title 18, United States Code.
       (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
     inserting ``or removed'' after ``deported'' each place it 
     appears.
       (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
     striking ``suspension of deportation'' and inserting 
     ``cancellation of removal''.
       (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is 
     amended by striking ``deportation is suspended'' and 
     inserting ``removal is canceled''.
       (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is 
     amended by striking ``deportation against'' and inserting 
     ``removal of''.
       (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), 
     and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each 
     amended by striking ``deportation'', ``deportation'', 
     ``deport'', and ``deported'' each place each appears and 
     inserting ``removal'', ``removal'', ``remove'', and 
     ``removed'', respectively.
       (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
     of section 216A (8 U.S.C. 1186b) are each amended by striking 
     ``deportation'', ``deportation'', ``deport'', and 
     ``deported'' and inserting ``removal'', ``removal'', 
     ``remove'', and ``removed'', respectively.
       (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
     striking ``deportation against'' and inserting ``removal 
     of''.
       (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
     section 238 by subsection (b)(6), is amended, in the headings 
     to various subdivisions, by striking ``Deportation'' and 
     ``deportation'' and inserting ``Removal'' and ``removal'', 
     respectively.
       (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), 
     before redesignation as section 244 by subsection (b)(8), is 
     amended--
       (A) in subsection (a)(1)(A), by striking ``deport'' and 
     inserting ``remove'', and
       (B) in subsection (e), by striking ``Suspension of 
     Deportation'' and inserting ``Cancellation of Removal''.
       (12) Section 254 (8 U.S.C. 1284) is amended by striking 
     ``deport'' each place it appears and inserting ``remove''.
       (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
       (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
     ``deported'' and inserting ``removed''.
       (B) The item in the table of contents relating to such 
     section is amended by striking ``deported'' and inserting 
     ``removed''.
       (15) Section 318 (8 U.S.C. 1429) is amended by striking 
     ``suspending'' and inserting ``canceling''.
       (16) Section 301(a) of the Immigration Act of 1990 is 
     amended by striking ``Deportation'' and inserting 
     ``Removal''.
       (17) The heading of section 130005 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (Public Law 103-322) 
     is amended by striking ``Deportation'' and inserting 
     ``Removal''.
       (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
     amended by striking ``deported'' and all that follows through 
     ``Deportation'' and inserting ``removed pursuant to chapter 4 
     of title II of the Immigration and Nationality Act''.
       (19) Section 8(c) of the Foreign Agents Registration Act 
     (22 U.S.C. 618(c)) is amended by striking ``deportation'' and 
     all that follows and inserting ``removal pursuant to chapter 
     4 of title II of the Immigration and Nationality Act.''.
       (f) Revision of References to Entry.--
       (1) The following provisions are amended by striking 
     ``entry'' and inserting ``admission'' each place it appears:
       (A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
       (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
       (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
       (D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)).
       (E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)).
       (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
       (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
       (H) Section 214(d) (8 U.S.C. 1184(d)).
       (I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)).
       (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
     1186a(d)(1)(A)(i)(III)).
       (K) Subsection (b) of section 240 (8 U.S.C. 1230), before 
     redesignation as section 240C by section 304(a)(2).
       (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251), 
     before redesignation as section 237 by section 305(a)(2).
       (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251), 
     before redesignation as section 237 by section 305(a)(2), 
     other than the last time it appears.
       (N) Paragraphs (2) and (4) of subsection (a) of section 241 
     (8 U.S.C. 1251), before redesignation as section 237 by 
     section 305(a)(2).
       (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
       (P) Section 247(a) (8 U.S.C. 1257(a)).
       (Q) Section 601(c)(2) of the Immigration Act of 1990.
       (2) The following provisions are amended by striking 
     ``enter'' and inserting ``be admitted'':

[[Page H2414]]

       (A) Section 204(e) (8 U.S.C. 1154(e)).
       (B) Section 221(h) (8 U.S.C. 1201(h)).
       (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
       (3) The following provisions are amended by striking 
     ``enters'' and inserting ``is admitted to'':
       (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
       (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
       (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
     redesignation as section 233 by section 308(b)(4), is amended 
     by striking ``entry and inspection'' and inserting 
     ``inspection and admission''.
       (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 
     1251), before redesignation as section 237 by section 
     305(a)(2), is amended by striking ``at entry''.
       (6) Section 7 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403h) is amended by striking ``that the 
     entry'', ``given entry into'', and ``entering'' and inserting 
     ``that the admission'', ``admitted to'', and ``admitted to''.
       (7) Section 4 of the Atomic Weapons and Special Nuclear 
     Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
     ``entry'' and inserting ``admission''.
       (g) Conforming References to Reorganized Sections.--
       (1) References to sections 232, 234, 238, 239, 240, 241, 
     242a, and 244a.--Any reference in law in effect on the day 
     before the date of the enactment of this Act to section 232, 
     234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
     Nationality Act (or a subdivision of such section) is deemed, 
     as of the title III-A effective date, to refer to section 
     232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
     (or the corresponding subdivision of such section), as 
     redesignated by this subtitle. Any reference in law to 
     section 241 (or a subdivision of such section) of the 
     Immigration and Nationality Act in an amendment made by a 
     subsequent subtitle of this title is deemed a reference (as 
     of the title III-A effective date) to section 237 (or the 
     corresponding subdivision of such section), as redesignated 
     by this subtitle.
       (2) References to section 106.--
       (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C. 
     1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section 
     851(b)(14) but before redesignation as section 238 by 
     subsection (b)(5), are each amended by striking ``106'' and 
     inserting ``242''.
       (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C. 
     1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting ``(as 
     in effect before October 1, 1996)'' after ``106''.
       (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
     1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) but 
     before redesignation as section 238 by subsection (b)(5), is 
     amended by striking ``106(a)(1)'' and inserting 
     ``242(b)(1)''.
       (3) References to section 236.--
       (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 1159(a)(1)) 
     are each amended by striking ``236'' and inserting ``240''.
       (B) Section 4113(c) of title 18, United States Code, is 
     amended by striking ``1226 of title 8, United States Code'' 
     and inserting ``240 of the Immigration and Nationality Act''.
       (4) References to section 237.--
       (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended by 
     striking ``237'' and inserting ``241''.
       (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended by 
     striking ``237(a)'' and inserting ``241(c)''.
       (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
     striking ``237, 239, 243'' and inserting ``234, 243(c)(2)''.
       (5) References to section 242.--
       (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C. 
     1184(d), 1282(b), 1357(f)(1)) are each amended by striking 
     ``242'' and inserting ``240''.
       (ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), as 
     amended by section 851(b)(14) but before redesignation as 
     section 238 by subsection (b)(5), are each amended by 
     striking ``242'' and inserting ``240''.
       (iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is 
     amended by inserting ``(as in effect before October 1, 
     1996)'' after ``242''.
       (iv) Section 4113 of title 18, United States Code, is 
     amended--
       (I) in subsection (a), by striking ``section 1252(b) or 
     section 1254(e) of title 8, United States Code,'' and 
     inserting ``section 240B of the Immigration and Nationality 
     Act''; and
       (II) in subsection (b), by striking ``section 1252 of title 
     8, United States Code,'' and inserting ``section 240 of the 
     Immigration and Nationality Act''.
       (B) Section 130002(a) of Public Law 103-322, as amended by 
     section 361(a), is amended by striking ``242(a)(3)(A)'' and 
     inserting ``236(d)''.
       (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before 
     redesignation as section 238 by section 308(b)(5), is amended 
     by striking ``242(b)'' and inserting ``240''.
       (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
     1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) but 
     before redesignation as section 238 by subsection (b)(5), is 
     amended by striking ``242(b)'' and inserting ``240''.
       (E) Section 1821(e) of title 28, United States Code, is 
     amended by striking ``242(b)'' and inserting ``240''.
       (F) Section 130007(a) of Public Law 103-322 is amended by 
     striking ``242(i)'' and inserting ``239(d)''.
       (G) Section 20301(c) of Public Law 103-322 is amended by 
     striking ``242(j)(5)'' and ``242(j)'' and inserting 
     ``241(h)(5)'' and ``241(h)'', respectively.
       (6) References to section 242b.--
       (A) Section 303(d)(2) of the Immigration Act of 1990 is 
     amended by striking ``242B'' and inserting ``240(b)(5)''.
       (B) Section 545(g)(1)(B) of the Immigration Act of 1990 is 
     amended by striking ``242B(a)(4)'' and inserting 
     ``239(a)(4)''.
       (7) References to section 243.--
       (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
     striking ``243'' and inserting ``241''.
       (B)(i) Section 315(c) of the Immigration Reform and Control 
     Act of 1986 is amended by striking ``243(g)'' and 
     ``1253(g)''and inserting ``243(d)'' and ``1253(d)'' 
     respectively.
       (ii) Section 702(b) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1988 is amended by striking ``243(g)'' 
     and inserting ``243(d)''.
       (iii) Section 903(b) of Public Law 100-204 is amended by 
     striking ``243(g)'' and inserting ``243(d)''.
       (C)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 (7 
     U.S.C. 2015(f)(2)(F)) is amended by striking ``243(h)'' and 
     inserting ``241(b)(3)''.
       (ii) Section 214(a)(5) of the Housing and Community 
     Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by 
     striking ``243(h)'' and inserting ``241(b)(3)''.
       (D)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C. 
     1254a), before redesignated as section 244 by section 
     308(b)(7), is amended by striking ``243(h)(2)'' and inserting 
     ``208(b)(2)(A)''.
       (ii) Section 301(e)(2) of the Immigration Act of 1990 is 
     amended by striking ``243(h)(2)'' and inserting 
     ``208(b)(2)(A)''.
       (E) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
     striking ``subparagraphs (A) through (D) of paragraph 
     243(h)(2)'' and inserting ``clauses (i) through (v) of 
     section 208(b)(2)(A)''.
       (8) References to section 244.--
       (A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and 
     subsection (e) of section 244A (8 U.S.C. 1254a), before 
     redesignation as section 244 by section 308(b)(7), are each 
     amended by striking ``244(a)'' and inserting ``240A(a)''.
       (ii) Section 304(c)(1)(B) of the Miscellaneous and 
     Technical Immigration and Naturalization Amendments of 1991 
     (Public Law 102-232) is amended by striking ``244(a)'' and 
     inserting ``240A(a)''.
       (B) Section 304(c)(1)(B) of the Miscellaneous and Technical 
     Immigration and Naturalization Amendments of 1991 (Public Law 
     102-232) is amended by striking ``244(b)(2)'' and inserting 
     ``240A(b)(2)''.
       (C) Section 364(a)(2) of this Act is amended by striking 
     ``244(a)(3)'' and inserting ``240A(a)(3)''.
       (9) References to chapter 5.--
       (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b), 
     1306(c), 1361) are each amended by striking ``chapter 5'' and 
     inserting ``chapter 4''.
       (B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C. 
     855(b)) is amended by striking ``chapter 5, title II, of the 
     Immigration and Nationality Act (66 Stat. 163)'' and 
     inserting ``chapter 4 of title II of the Immigration and 
     Nationality Act''.
       (10) Miscellaneous cross-reference corrections for newly 
     added provisions.--
       (A) Section 245(c)(6), as amended by section 332(d), is 
     amended by striking ``241(a)(4)(B)'' and inserting 
     ``237(a)(4)(B)''.
       (B) Section 249(d), as amended by section 332(e), is 
     amended by striking ``241(a)(4)(B)'' and inserting 
     ``237(a)(4)(B)''.
       (C) Section 276(b)(3), as inserted by section 321(b), is 
     amended by striking ``excluded'' and ``excludable'' and 
     inserting ``removed'' and ``inadmissible'', respectively.
       (D) Section 505(c)(7), as added by section 321(a)(1), is 
     amended by amending subparagraphs (B) through (D) to read as 
     follows:
       ``(B) Withholding of removal under section 241(b)(3).
       ``(C) Cancellation of removal under section 240A.
       ``(D) Voluntary departure under section 240B.''.
       (E) Section 506(b)(2)(B), as added by section 321(a)(1), is 
     amended by striking ``deportation'' and inserting 
     ``removal''.
       (F) Section 508(c)(2)(D), as added by section 321(a)(1), is 
     amended by striking ``exclusion because such alien is 
     excludable'' and inserting ``removal because such alien is 
     inadmissible''.
       (G) Section 130007(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322), as amended by 
     section 851(a)(6), is amended by striking ``242A(a)(3)'' and 
     inserting ``238(a)(3)''.

     SEC. 309. EFFECTIVE DATES; TRANSITION.

       (a) In General.--Except as provided in this section and 
     section 301(f), this subtitle and the amendments made by this 
     subtitle shall take effect on the first day of the first 
     month beginning more than 180 days after the date of the 
     enactment of this Act (in this title referred to as the 
     ``title III-A effective date'').
       (b) Promulgation of Regulations.--The Attorney General 
     shall first promulgate regulations to carry out this subtitle 
     by not later than 30 days before the title III-A effective 
     date.
       (c) Transition for Aliens in Proceedings.--
       (1) General rule that new rules do not apply.--Subject to 
     the succeeding provisions of this subsection, in the case of 
     an alien who is in exclusion or deportation proceedings as of 
     the title III-A effective date--
       (A) the amendments made by this subtitle shall not apply, 
     and
       (B) the proceedings (including judicial review thereof) 
     shall continue to be conducted without regard to such 
     amendments.
       (2) Attorney general option to elect to apply new 
     procedures.--In a case described in paragraph (1) in which an 
     evidentiary hearing under section 236 or 242 and 242B of the 
     Immigration and Nationality Act has not commenced as of the 
     title III-A effective date, the Attorney General may elect to 
     proceed under chapter 4 of title II of such Act (as amended 
     by this subtitle). The Attorney General shall provide notice 
     of such election to the alien involved not later than 30 days 
     before the date any evidentiary hearing is commenced. If the 
     Attorney General makes such election, the notice of hearing 
     provided to the alien under section 235 or 242(a) of such Act 
     shall be valid as if provided under section 239 of such Act 
     (as amended by this subtitle) to confer jurisdiction on the 
     immigration judge.

[[Page H2415]]

       (3) Attorney general option to terminate and reinitiate 
     proceedings.--In the case described in paragraph (1), the 
     Attorney General may elect to terminate proceedings in which 
     there has not been a final administrative decision and to 
     reinitiate proceedings under chapter 4 of title II the 
     Immigration and Nationality Act (as amended by this 
     subtitle). Any determination in the terminated proceeding 
     shall not be binding in the reinitiated proceeding.
       (4) Transitional changes in judicial review.--In the case 
     described in paragraph (1) in which a final order of 
     exclusion or deportation is entered more than 30 days after 
     the date of the enactment of this Act, notwithstanding any 
     provision of section 106 of the Immigration and Nationality 
     Act (as in effect as of the date of the enactment of this 
     Act) to the contrary--
       (A) in the case of judicial review of a final order of 
     exclusion, subsection (b) of such section shall not apply and 
     the action for judicial review shall be governed by the 
     provisions of subsections (a) and (c) of such in the same 
     manner as they apply to judicial review of orders of 
     deportation;
       (B) a court may not order the taking of additional evidence 
     under section 2347(c) of title 28, United States Code;
       (C) the petition for judicial review must be filed not 
     later than 30 days after the date of the final order of 
     exclusion or deportation; and
       (D) the petition for review shall be filed with the court 
     of appeals for the judicial circuit in which the 
     administrative proceedings before the special inquiry officer 
     or immigration judge were completed.
       (5) Transitional rule with regard to suspension of 
     deportation.--Paragraphs (1) and (2) of section 240A(d) of 
     the Immigration and Nationality Act (relating to continuous 
     residence or physical presence) shall apply to notices to 
     appear issued after the date of the enactment of this Act.
       (6) Transition for certain family unity aliens.--The 
     Attorney General may waive the application of section 
     212(a)(9) of the Immigration and Nationality Act, as inserted 
     by section 301(b)(1), in the case of an alien who is provided 
     benefits under the provisions of section 301 of the 
     Immigration Act of 1990 (relating to family unity).
       (d) Transitional References.--For purposes of carrying out 
     the Immigration and Nationality Act, as amended by this 
     subtitle--
       (1) any reference in section 212(a)(1)(A) of such Act to 
     the term ``inadmissible'' is deemed to include a reference to 
     the term ``excludable'', and
       (2) any reference in law to an order of removal shall be 
     deemed to include a reference to an order of exclusion and 
     deportation or an order of deportation.
       (e) Transition.--No period of time before the date of the 
     enactment of this Act shall be included in the period of 1 
     year described in section 212(a)(6)(B)(i) of the Immigration 
     and Nationality Act (as amended by section 301(c)).
                Subtitle B--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

     SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

       (a) In General.--The Immigration and Nationality Act is 
     amended--
       (1) by adding at the end of the table of contents the 
     following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
              to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'',
     and
       (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS


                             ``definitions

       ``Sec. 501. In this title:
       ``(1) The term `alien terrorist' means an alien described 
     in section 241(a)(4)(B).
       ``(2) The term `classified information' has the meaning 
     given such term in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.).
       ``(3) The term `national security' has the meaning given 
     such term in section 1(b) of the Classified Information 
     Procedures Act (18 U.S.C. App.).
       ``(4) The term `special attorney' means an attorney who is 
     on the panel established under section 502(e).
       ``(5) The term `special removal court' means the court 
     established under section 502(a).
       ``(6) The term `special removal hearing' means a hearing 
     under section 505.
       ``(7) The term `special removal proceeding' means a 
     proceeding under this title.


``establishment of special removal court; panel of attorneys to assist 
                      with classified information

       ``Sec. 502. (a) In General.--The Chief Justice of the 
     United States shall publicly designate 5 district court 
     judges from 5 of the United States judicial circuits who 
     shall constitute a court which shall have jurisdiction to 
     conduct all special removal proceedings.
       ``(b) Terms.--Each judge designated under subsection (a) 
     shall serve for a term of 5 years and shall be eligible for 
     redesignation, except that the four associate judges first so 
     designated shall be designated for terms of one, two, three, 
     and four years so that the term of one judge shall expire 
     each year.
       ``(c) Chief Judge.--The Chief Justice shall publicly 
     designate one of the judges of the special removal court to 
     be the chief judge of the court. The chief judge shall 
     promulgate rules to facilitate the functioning of the court 
     and shall be responsible for assigning the consideration of 
     cases to the various judges.
       ``(d) Expeditious and Confidential Nature of Proceedings.--
     The provisions of section 103(c) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to 
     proceedings under this title in the same manner as they apply 
     to proceedings under such Act.
       ``(e) Establishment of Panel of Special Attorneys.--The 
     special removal court shall provide for the designation of a 
     panel of attorneys each of whom--
       ``(1) has a security clearance which affords the attorney 
     access to classified information, and
       ``(2) has agreed to represent permanent resident aliens 
     with respect to classified information under section 506 in 
     accordance with (and subject to the penalties under) this 
     title.


       ``application for initiation of special removal proceeding

       ``Sec. 503. (a) In General.--Whenever the Attorney General 
     has classified information that an alien is an alien 
     terrorist, the Attorney General, in the Attorney General's 
     discretion, may seek removal of the alien under this title 
     through the filing of a written application described in 
     subsection (b) with the special removal court seeking an 
     order authorizing a special removal proceeding under this 
     title. The application shall be submitted in camera and ex 
     parte and shall be filed under seal with the court.
       ``(b) Contents of Application.--Each application for a 
     special removal proceeding shall include all of the 
     following:
       ``(1) The identity of the Department of Justice attorney 
     making the application.
       ``(2) The approval of the Attorney General or the Deputy 
     Attorney General for the filing of the application based upon 
     a finding by that individual that the application satisfies 
     the criteria and requirements of this title.
       ``(3) The identity of the alien for whom authorization for 
     the special removal proceedings is sought.
       ``(4) A statement of the facts and circumstances relied on 
     by the Department of Justice to establish that--
       ``(A) the alien is an alien terrorist and is physically 
     present in the United States, and
       ``(B) with respect to such alien, adherence to the 
     provisions of title II regarding the removal of aliens would 
     pose a risk to the national security of the United States.
       ``(5) An oath or affirmation respecting each of the facts 
     and statements described in the previous paragraphs.
       ``(c) Right to Dismiss.--The Department of Justice retains 
     the right to dismiss a removal action under this title at any 
     stage of the proceeding.


                     ``consideration of application

       ``Sec. 504. (a) In General.--In the case of an application 
     under section 503 to the special removal court, a single 
     judge of the court shall be assigned to consider the 
     application. The judge, in accordance with the rules of the 
     court, shall consider the application and may consider other 
     information, including classified information, presented 
     under oath or affirmation. The judge shall consider the 
     application (and any hearing thereof) in camera and ex parte. 
     A verbatim record shall be maintained of any such hearing.
       ``(b) Approval of Order.--The judge shall enter ex parte 
     the order requested in the application if the judge finds, on 
     the basis of such application and such other information (if 
     any), that there is probable cause to believe that--
       ``(1) the alien who is the subject of the application has 
     been correctly identified and is an alien terrorist, and
       ``(2) adherence to the provisions of title II regarding the 
     removal of the identified alien would pose a risk to the 
     national security of the United States.
       ``(c) Denial of Order.--If the judge denies the order 
     requested in the application, the judge shall prepare a 
     written statement of the judge's reasons for the denial.
       ``(d) Exclusive Provisions.--Whenever an order is issued 
     under this section with respect to an alien--
       ``(1) the alien's rights regarding removal and expulsion 
     shall be governed solely by the provisions of this title, and
       ``(2) except as they are specifically referenced, no other 
     provisions of this Act shall be applicable.


                       ``special removal hearings

       ``Sec. 505. (a) In General.--In any case in which the 
     application for the order is approved under section 504, a 
     special removal hearing shall be conducted under this section 
     for the purpose of determining whether the alien to whom the 
     order pertains should be removed from the United States on 
     the grounds that the alien is an alien terrorist. Consistent 
     with section 506, the alien shall be given reasonable notice 
     of the nature of the charges against the alien and a general 
     account of the basis for the charges. The alien shall be 
     given notice, reasonable under all the circumstances, of the 
     time and place at which the hearing will be held. The hearing 
     shall be held as expeditiously as possible.
       ``(b) Use of Same Judge.--The special removal hearing shall 
     be held before the same judge who granted the order pursuant 
     to section 504 unless that judge is deemed unavailable due to 
     illness or disability by the chief judge of the special 
     removal court, or has died, in which case the chief judge 
     shall assign another judge to

[[Page H2416]]

     conduct the special removal hearing. A decision by the chief 
     judge pursuant to the preceding sentence shall not be subject 
     to review by either the alien or the Department of Justice.
       ``(c) Rights in Hearing.--
       ``(1) Public hearing.--The special removal hearing shall be 
     open to the public.
       ``(2) Right of counsel.--The alien shall have a right to be 
     present at such hearing and to be represented by counsel. Any 
     alien financially unable to obtain counsel shall be entitled 
     to have counsel assigned to represent the alien. Such counsel 
     shall be appointed by the judge pursuant to the plan for 
     furnishing representation for any person financially unable 
     to obtain adequate representation for the district in which 
     the hearing is conducted, as provided for in section 3006A of 
     title 18, United States Code. All provisions of that section 
     shall apply and, for purposes of determining the maximum 
     amount of compensation, the matter shall be treated as if a 
     felony was charged.
       ``(3) Introduction of evidence.--The alien shall have a 
     right to introduce evidence on the alien's own behalf.
       ``(4) Examination of witnesses.--Except as provided in 
     section 506, the alien shall have a reasonable opportunity to 
     examine the evidence against the alien and to cross-examine 
     any witness.
       ``(5) Record.--A verbatim record of the proceedings and of 
     all testimony and evidence offered or produced at such a 
     hearing shall be kept.
       ``(6) Decision based on evidence at hearing.--The decision 
     of the judge in the hearing shall be based only on the 
     evidence introduced at the hearing, including evidence 
     introduced under subsection (e).
       ``(7) No right to ancillary relief.--In the hearing, the 
     judge is not authorized to consider or provide for relief 
     from removal based on any of the following:
       ``(A) Asylum under section 208.
       ``(B) Withholding of deportation under section 243(h).
       ``(C) Suspension of deportation under section 244(a).
       ``(D) Voluntary departure under section 244(e).
       ``(E) Adjustment of status under section 245.
       ``(F) Registry under section 249.
       ``(d) Subpoenas.--
       ``(1) Request.--At any time prior to the conclusion of the 
     special removal hearing, either the alien or the Department 
     of Justice may request the judge to issue a subpoena for the 
     presence of a named witness (which subpoena may also command 
     the person to whom it is directed to produce books, papers, 
     documents, or other objects designated therein) upon a 
     satisfactory showing that the presence of the witness is 
     necessary for the determination of any material matter. Such 
     a request may be made ex parte except that the judge shall 
     inform the Department of Justice of any request for a 
     subpoena by the alien for a witness or material if compliance 
     with such a subpoena would reveal evidence or the source of 
     evidence which has been introduced, or which the Department 
     of Justice has received permission to introduce, in camera 
     and ex parte pursuant to subsection (e) and section 506, and 
     the Department of Justice shall be given a reasonable 
     opportunity to oppose the issuance of such a subpoena.
       ``(2) Payment for attendance.--If an application for a 
     subpoena by the alien also makes a showing that the alien is 
     financially unable to pay for the attendance of a witness so 
     requested, the court may order the costs incurred by the 
     process and the fees of the witness so subpoenaed to be paid 
     from funds appropriated for the enforcement of title II.
       ``(3) Nationwide service.--A subpoena under this subsection 
     may be served anywhere in the United States.
       ``(4) Witness fees.--A witness subpoenaed under this 
     subsection shall receive the same fees and expenses as a 
     witness subpoenaed in connection with a civil proceeding in a 
     court of the United States.
       ``(5) No access to classified information.--Nothing in this 
     subsection is intended to allow an alien to have access to 
     classified information.
       ``(e) Introduction of Classified Information.--
       ``(1) In general.--When classified information has been 
     summarized pursuant to section 506(b) or where a finding has 
     been made under section 506(b)(5) that no summary is 
     possible, classified information shall be introduced (either 
     in writing or through testimony) in camera and ex parte and 
     neither the alien nor the public shall be informed of such 
     evidence or its sources other than through reference to the 
     summary provided pursuant to such section. Notwithstanding 
     the previous sentence, the Department of Justice may, in its 
     discretion and, in the case of classified information, after 
     coordination with the originating agency, elect to introduce 
     such evidence in open session.
       ``(2) Treatment of electronic surveillance information.--
       ``(A) Use of electronic surveillance.--The Government is 
     authorized to use in a special removal proceedings the fruits 
     of electronic surveillance and unconsented physical searches 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.) without regard to subsections 
     (c), (e), (f), (g), and (h) of section 106 of that Act.
       ``(B) No discovery of electronic surveillance 
     information.--An alien subject to removal under this title 
     shall have no right of discovery of information derived from 
     electronic surveillance authorized under the Foreign 
     Intelligence Surveillance Act of 1978 or otherwise for 
     national security purposes. Nor shall such alien have the 
     right to seek suppression of evidence.
       ``(C) Certain procedures not applicable.--The provisions 
     and requirements of section 3504 of title 18, United States 
     Code, shall not apply to procedures under this title.
       ``(3) Rights of united states.--Nothing in this section 
     shall prevent the United States from seeking protective 
     orders and from asserting privileges ordinarily available to 
     the United States to protect against the disclosure of 
     classified information, including the invocation of the 
     military and state secrets privileges.
       ``(f) Inclusion of Certain Evidence.--The Federal Rules of 
     Evidence shall not apply to hearings under this section. 
     Evidence introduced at the special removal hearing, either in 
     open session or in camera and ex parte, may, in the 
     discretion of the Department of Justice, include all or part 
     of the information presented under section 504 used to obtain 
     the order for the hearing under this section.
       ``(g) Arguments.--Following the receipt of evidence, the 
     attorneys for the Department of Justice and for the alien 
     shall be given fair opportunity to present argument as to 
     whether the evidence is sufficient to justify the removal of 
     the alien. The attorney for the Department of Justice shall 
     open the argument. The attorney for the alien shall be 
     permitted to reply. The attorney for the Department of 
     Justice shall then be permitted to reply in rebuttal. The 
     judge may allow any part of the argument that refers to 
     evidence received in camera and ex parte to be heard in 
     camera and ex parte.
       ``(h) Burden of Proof.--In the hearing the Department of 
     Justice has the burden of showing by clear and convincing 
     evidence that the alien is subject to removal because the 
     alien is an alien terrorist. If the judge finds that the 
     Department of Justice has met this burden, the judge shall 
     order the alien removed and detained pending removal from the 
     United States. If the alien was released pending the special 
     removal hearing, the judge shall order the Attorney General 
     to take the alien into custody.
       ``(i) Written Order.--At the time of rendering a decision 
     as to whether the alien shall be removed, the judge shall 
     prepare a written order containing a statement of facts found 
     and conclusions of law. Any portion of the order that would 
     reveal the substance or source of information received in 
     camera and ex parte pursuant to subsection (e) shall not be 
     made available to the alien or the public.


               ``consideration of classified information

       ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In 
     any case in which the application for the order authorizing 
     the special procedures of this title is approved, the judge 
     who granted the order shall consider each item of classified 
     information the Department of Justice proposes to introduce 
     in camera and ex parte at the special removal hearing and 
     shall order the introduction of such information pursuant to 
     section 505(e) if the judge determines the information to be 
     relevant.
       ``(b) Preparation and Provision of Written Summary.--
       ``(1) Preparation.--The Department of Justice shall prepare 
     a written summary of such classified information which does 
     not pose a risk to national security.
       ``(2) Conditions for approval by judge and provision to 
     alien.--The judge shall approve the summary so long as the 
     judge finds that the summary is sufficient--
       ``(A) to inform the alien of the general nature of the 
     evidence that the alien is an alien terrorist, and
       ``(B) to permit the alien to prepare a defense against 
     deportation.

     The Department of Justice shall cause to be delivered to the 
     alien a copy of the summary.
       ``(3) Opportunity for correction and resubmittal.--If the 
     judge does not approve the summary, the judge shall provide 
     the Department a reasonable opportunity to correct the 
     deficiencies identified by the court and to submit a revised 
     summary.
       ``(4) Conditions for termination of proceedings if summary 
     not approved.--
       ``(A) In general.--If, subsequent to the opportunity 
     described in paragraph (3), the judge does not approve the 
     summary, the judge shall terminate the special removal 
     hearing unless the judge makes the findings described in 
     subparagraph (B).
       ``(B) Findings.--The findings described in this 
     subparagraph are, with respect to an alien, that--
       ``(i) the continued presence of the alien in the United 
     States would likely cause serious and irreparable harm to the 
     national security or death or serious bodily injury to any 
     person, and
       ``(ii) the provision of the required summary would likely 
     cause serious and irreparable harm to the national security 
     or death or serious bodily injury to any person.
       ``(5) Continuation of hearing without summary.--If a judge 
     makes the findings described in paragraph (4)(B)--
       ``(A) if the alien involved is an alien lawfully admitted 
     for permanent residence, the procedures described in 
     subsection (c) shall apply; and
       ``(B) in all cases the special removal hearing shall 
     continue, the Department of Justice shall cause to be 
     delivered to the alien a statement that no summary is 
     possible, and the classified information submitted in camera 
     and ex parte may be used pursuant to section 505(e).
       ``(c) Special Procedures for Access and Challenges to 
     Classified Information by Special Attorneys in Case of Lawful 
     Permanent Aliens.--
       ``(1) In general.--The procedures described in this 
     subsection are that the judge (under rules of the special 
     removal court) shall designate a special attorney to assist 
     the alien--
       ``(A) by reviewing in camera the classified information on 
     behalf of the alien, and
       ``(B) by challenging through an in camera proceeding the 
     veracity of the evidence contained in the classified 
     information.
       ``(2) Restrictions on disclosure.--A special attorney 
     receiving classified information under paragraph (1)--

[[Page H2417]]

       ``(A) shall not disclose the information to the alien or to 
     any other attorney representing the alien, and
       ``(B) who discloses such information in violation of 
     subparagraph (A) shall be subject to a fine under title 18, 
     United States Code, imprisoned for not less than 10 years nor 
     more than 25 years, or both.


                               ``appeals

       ``Sec. 507. (a) Appeals of Denials of Applications for 
     Orders.--The Department of Justice may seek a review of the 
     denial of an order sought in an application by the United 
     States Court of Appeals for the District of Columbia Circuit 
     by notice of appeal which must be filed within 20 days after 
     the date of such denial. In such a case the entire record of 
     the proceeding shall be transmitted to the Court of Appeals 
     under seal and the Court of Appeals shall hear the matter ex 
     parte. In such a case the Court of Appeals shall review 
     questions of law de novo, but a prior finding on any question 
     of fact shall not be set aside unless such finding was 
     clearly erroneous.
       ``(b) Appeals of Determinations About Summaries of 
     Classified Information.--Either party may take an 
     interlocutory appeal to the United States Court of Appeals 
     for the District of Columbia Circuit of--
       ``(1) any determination by the judge pursuant to section 
     506(a)--
       ``(A) concerning whether an item of evidence may be 
     introduced in camera and ex parte, or
       ``(B) concerning the contents of any summary of evidence to 
     be introduced in camera and ex parte prepared pursuant to 
     section 506(b); or
       ``(2) the refusal of the court to make the findings 
     permitted by section 506(b)(4)(B).

     In any interlocutory appeal taken pursuant to this 
     subsection, the entire record, including any proposed order 
     of the judge or summary of evidence, shall be transmitted to 
     the Court of Appeals under seal and the matter shall be heard 
     ex parte.
       ``(c) Appeals of Decision in Hearing.--
       ``(1) In general.--Subject to paragraph (2), the decision 
     of the judge after a special removal hearing may be appealed 
     by either the alien or the Department of Justice to the 
     United States Court of Appeals for the District of Columbia 
     Circuit by notice of appeal.
       ``(2) Automatic appeals in cases of permanent resident 
     aliens in which no summary provided.--
       ``(A) In general.--Unless the alien waives the right to a 
     review under this paragraph, in any case involving an alien 
     lawfully admitted for permanent residence who is denied a 
     written summary of classified information under section 
     506(b)(4) and with respect to which the procedures described 
     in section 506(c) apply, any order issued by the judge shall 
     be reviewed by the Court of Appeals for the District of 
     Columbia Circuit.
       ``(B) Use of special attorney.--With respect to any issue 
     relating to classified information that arises in such 
     review, the alien shall be represented only by the special 
     attorney designated under section 506(c)(1) on behalf of the 
     alien.
       ``(d) General Provisions Relating to Appeals.--
       ``(1) Notice.--A notice of appeal pursuant to subsection 
     (b) or (c) (other than under subsection (c)(2)) must be filed 
     within 20 days after the date of the order with respect to 
     which the appeal is sought, during which time the order shall 
     not be executed.
       ``(2) Transmittal of record.--In an appeal or review to the 
     Court of Appeals pursuant to subsection (b) or (c)--
       ``(A) the entire record shall be transmitted to the Court 
     of Appeals, and
       ``(B) information received pursuant to section 505(e), and 
     any portion of the judge's order that would reveal the 
     substance or source of such information, shall be transmitted 
     under seal.
       ``(3) Expedited appellate proceeding.--In an appeal or 
     review to the Court of Appeals pursuant to subsection (b) or 
     (c):
       ``(A) Review.--The appeal or review shall be heard as 
     expeditiously as practicable and the Court may dispense with 
     full briefing and hear the matter solely on the record of the 
     judge of the special removal court and on such briefs or 
     motions as the Court may require to be filed by the parties.
       ``(B) Disposition.--The Court shall uphold or reverse the 
     judge's order within 60 days after the date of the issuance 
     of the judge's final order.
       ``(4) Standard for review.--In an appeal or review to the 
     Court of Appeals pursuant to subsection (b) or (c):
       ``(A) Questions of law.--The Court of Appeals shall review 
     all questions of law de novo.
       ``(B) Questions of fact.--(i) Subject to clause (ii), a 
     prior finding on any question of fact shall not be set aside 
     unless such finding was clearly erroneous.
       ``(ii) In the case of a review under subsection (c)(2) in 
     which an alien lawfully admitted for permanent residence was 
     denied a written summary of classified information under 
     section 506(b)(4), the Court of Appeals shall review 
     questions of fact de novo.
       ``(e) Certiorari.--Following a decision by the Court of 
     Appeals pursuant to subsection (b) or (c), either the alien 
     or the Department of Justice may petition the Supreme Court 
     for a writ of certiorari. In any such case, any information 
     transmitted to the Court of Appeals under seal shall, if such 
     information is also submitted to the Supreme Court, be 
     transmitted under seal. Any order of removal shall not be 
     stayed pending disposition of a writ of certiorari except as 
     provided by the Court of Appeals or a Justice of the Supreme 
     Court.
       ``(f) Appeals of Detention Orders.--
       ``(1) In general.-- The provisions of sections 3145 through 
     3148 of title 18, United States Code, pertaining to review 
     and appeal of a release or detention order, penalties for 
     failure to appear, penalties for an offense committed while 
     on release, and sanctions for violation of a release 
     condition shall apply to an alien to whom section 508(b)(1) 
     applies. In applying the previous sentence--
       ``(A) for purposes of section 3145 of such title an appeal 
     shall be taken to the United States Court of Appeals for the 
     District of Columbia Circuit, and
       ``(B) for purposes of section 3146 of such title the alien 
     shall be considered released in connection with a charge of 
     an offense punishable by life imprisonment.
       ``(2) No review of continued detention.--The determinations 
     and actions of the Attorney General pursuant to section 
     508(c)(2)(C) shall not be subject to judicial review, 
     including application for a writ of habeas corpus, except for 
     a claim by the alien that continued detention violates the 
     alien's rights under the Constitution. Jurisdiction over any 
     such challenge shall lie exclusively in the United States 
     Court of Appeals for the District of Columbia Circuit.


                        ``detention and custody

       ``Sec. 508. (a) Initial Custody.--
       ``(1) Upon filing application.--Subject to paragraph (2), 
     the Attorney General may take into custody any alien with 
     respect to whom an application under section 503 has been 
     filed and, notwithstanding any other provision of law, may 
     retain such an alien in custody in accordance with the 
     procedures authorized by this title.
       ``(2) Special rules for permanent resident aliens.--An 
     alien lawfully admitted for permanent residence shall be 
     entitled to a release hearing before the judge assigned to 
     hear the special removal hearing. Such an alien shall be 
     detained pending the special removal hearing, unless the 
     alien demonstrates to the court that--
       ``(A) the alien, if released upon such terms and conditions 
     as the court may prescribe (including the posting of any 
     monetary amount), is not likely to flee, and
       ``(B) the alien's release will not endanger national 
     security or the safety of any person or the community.

     The judge may consider classified information submitted in 
     camera and ex parte in making a determination under this 
     paragraph.
       ``(3) Release if order denied and no review sought.--
       ``(A) In general.--Subject to subparagraph (B), if a judge 
     of the special removal court denies the order sought in an 
     application with respect to an alien and the Department of 
     Justice does not seek review of such denial, the alien shall 
     be released from custody.
       ``(B) Application of regular procedures.--Subparagraph (A) 
     shall not prevent the arrest and detention of the alien 
     pursuant to title II.
       ``(b) Conditional Release If Order Denied and Review 
     Sought.--
       ``(1) In general.--If a judge of the special removal court 
     denies the order sought in an application with respect to an 
     alien and the Department of Justice seeks review of such 
     denial, the judge shall release the alien from custody 
     subject to the least restrictive condition or combination of 
     conditions of release described in section 3142(b) and 
     clauses (i) through (xiv) of section 3142(c)(1)(B) of title 
     18, United States Code, that will reasonably assure the 
     appearance of the alien at any future proceeding pursuant to 
     this title and will not endanger the safety of any other 
     person or the community.
       ``(2) No release for certain aliens.--If the judge finds no 
     such condition or combination of conditions, the alien shall 
     remain in custody until the completion of any appeal 
     authorized by this title.
       ``(c) Custody and Release After Hearing.--
       ``(1) Release.--
       ``(A) In general.--Subject to subparagraph (B), if the 
     judge decides pursuant to section 505(i) that an alien should 
     not be removed, the alien shall be released from custody.
       ``(B) Custody pending appeal.--If the Attorney General 
     takes an appeal from such decision, the alien shall remain in 
     custody, subject to the provisions of section 3142 of title 
     18, United States Code.
       ``(2) Custody and removal.--
       ``(A) Custody.--If the judge decides pursuant to section 
     505(i) that an alien shall be removed, the alien shall be 
     detained pending the outcome of any appeal. After the 
     conclusion of any judicial review thereof which affirms the 
     removal order, the Attorney General shall retain the alien in 
     custody and remove the alien to a country specified under 
     subparagraph (B).
       ``(B) Removal.--
       ``(i) In general.--The removal of an alien shall be to any 
     country which the alien shall designate if such designation 
     does not, in the judgment of the Attorney General, in 
     consultation with the Secretary of State, impair the 
     obligation of the United States under any treaty (including a 
     treaty pertaining to extradition) or otherwise adversely 
     affect the foreign policy of the United States.
       ``(ii) Alternate countries.--If the alien refuses to 
     designate a country to which the alien wishes to be removed 
     or if the Attorney General, in consultation with the 
     Secretary of State, determines that removal of the alien to 
     the country so designated would impair a treaty obligation or 
     adversely affect United States foreign policy, the Attorney 
     General shall cause the alien to be removed to any country 
     willing to receive such alien.
       ``(C) Continued detention.--If no country is willing to 
     receive such an alien, the Attorney General may, 
     notwithstanding any other provision of law, retain the alien 
     in custody. The Attorney General, in coordination with the 
     Secretary of State, shall make periodic efforts to reach 
     agreement with other countries to accept such an alien and at 
     least every 6 months shall

[[Page H2418]]

     provide to the attorney representing the alien at the special 
     removal hearing a written report on the Attorney General's 
     efforts. Any alien in custody pursuant to this subparagraph 
     shall be released from custody solely at the discretion of 
     the Attorney General and subject to such conditions as the 
     Attorney General shall deem appropriate.
       ``(D) Fingerprinting.--Before an alien is transported out 
     of the United States pursuant to this subsection, or pursuant 
     to an order of exclusion because such alien is excludable 
     under section 212(a)(3)(B), the alien shall be photographed 
     and fingerprinted, and shall be advised of the provisions of 
     subsection 276(b).
       ``(d) Continued Detention Pending Trial.--
       ``(1) Delay in removal.--Notwithstanding the provisions of 
     subsection (c)(2), the Attorney General may hold in abeyance 
     the removal of an alien who has been ordered removed pursuant 
     to this title to allow the trial of such alien on any Federal 
     or State criminal charge and the service of any sentence of 
     confinement resulting from such a trial.
       ``(2) Maintenance of custody.--Pending the commencement of 
     any service of a sentence of confinement by an alien 
     described in paragraph (1), such an alien shall remain in the 
     custody of the Attorney General, unless the Attorney General 
     determines that temporary release of the alien to the custody 
     of State authorities for confinement in a State facility is 
     appropriate and would not endanger national security or 
     public safety.
       ``(3) Subsequent removal.--Following the completion of a 
     sentence of confinement by an alien described in paragraph 
     (1) or following the completion of State criminal proceedings 
     which do not result in a sentence of confinement of an alien 
     released to the custody of State authorities pursuant to 
     paragraph (2), such an alien shall be returned to the custody 
     of the Attorney General who shall proceed to carry out the 
     provisions of subsection (c)(2) concerning removal of the 
     alien.
       ``(e) Application of Certain Provisions Relating to Escape 
     of Prisoners.--For purposes of sections 751 and 752 of title 
     18, United States Code, an alien in the custody of the 
     Attorney General pursuant to this title shall be subject to 
     the penalties provided by those sections in relation to a 
     person committed to the custody of the Attorney General by 
     virtue of an arrest on a charge of a felony.
       ``(f) Rights of Aliens in Custody.--
       ``(1) Family and attorney visits.--An alien in the custody 
     of the Attorney General pursuant to this title shall be given 
     reasonable opportunity to communicate with and receive visits 
     from members of the alien's family, and to contact, retain, 
     and communicate with an attorney.
       ``(2) Diplomatic contact.--An alien in the custody of the 
     Attorney General pursuant to this title shall have the right 
     to contact an appropriate diplomatic or consular official of 
     the alien's country of citizenship or nationality or of any 
     country providing representation services therefore. The 
     Attorney General shall notify the appropriate embassy, 
     mission, or consular office of the alien's detention.''.
       (b) Criminal Penalty for Reentry of Alien Terrorists.--
     Section 276(b) (8 U.S.C. 1326(b)) is amended--
       (1) by striking ``or'' at the end of paragraph (1),
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or'', and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) who has been excluded from the United States pursuant 
     to subsection 235(c) because the alien was excludable under 
     subsection 212(a)(3)(B) or who has been removed from the 
     United States pursuant to the provisions of title V, and who 
     thereafter, without the permission of the Attorney General, 
     enters the United States or attempts to do so shall be fined 
     under title 18, United States Code, and imprisoned for a 
     period of 10 years, which sentence shall not run concurrently 
     with any other sentence.''.
       (c) Elimination of Custody Review by Habeas Corpus.--
     Section 106(a) (8 U.S.C. 1105a(a)) is amended--
       (1) by adding ``and'' at the end of paragraph (8),
       (2) by striking ``; and'' at the end of paragraph (9) and 
     inserting a period, and
       (3) by striking paragraph (10).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all aliens without regard to the date of 
     entry or attempted entry into the United States.

     SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN 
                   TERRORISTS.

       In addition to amounts otherwise appropriated, there are 
     authorized to be appropriated for each fiscal year (beginning 
     with fiscal year 1996) $5,000,000 to the Immigration and 
     Naturalization Service for the purpose of detaining and 
     removing alien terrorists.

   PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

     SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF 
                   INADMISSIBILITY.

       (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 
     1182(a)(3)(B)) is amended--
       (1) in clause (i)--
       (A) by striking ``or'' at the end of subclause (I),
       (B) in subclause (II), by inserting ``engaged in or'' after 
     ``believe,'', and
       (C) by inserting after subclause (II) the following:

       ``(III) is a representative of a terrorist organization, or
       ``(IV) is a member of a terrorist organization which the 
     alien knows or should have known is a terrorist 
     organization,''; and

       (2) by adding at the end the following:
       ``(iv) Terrorist organization defined.--

       ``(I) Designation.--For purposes of this Act, the term 
     `terrorist organization' means a foreign organization 
     designated in the Federal Register as a terrorist 
     organization by the Secretary of State, in consultation with 
     the Attorney General, based upon a finding that the 
     organization engages in, or has engaged in, terrorist 
     activity that threatens the national security of the United 
     States.
       ``(II) Process.--At least 3 days before designating an 
     organization as a terrorist organization through publication 
     in the Federal Register, the Secretary of State, in 
     consultation with the Attorney General, shall notify the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate of the intent to make such designation and the 
     findings and basis for designation. The Secretary of State, 
     in consultation with the Attorney General, shall create an 
     administrative record and may use classified information in 
     making such a designation. Such information is not subject to 
     disclosure so long as it remains classified, except that it 
     may be disclosed to a court ex parte and in camera under 
     subclause (III) for purposes of judicial review of such a 
     designation. The Secretary of State, in consultation with the 
     Attorney General, shall provide notice and an opportunity for 
     public comment prior to the creation of the administrative 
     record under this subclause.
       ``(III) Judicial review.--Any organization designated as a 
     terrorist organization under the preceding provisions of this 
     clause may, not later than 30 days after the date of the 
     designation, seek judicial review thereof in the United 
     States Court of Appeals for the District of Columbia Circuit. 
     Such review shall be based solely upon the administrative 
     record, except that the Government may submit, for ex parte 
     and in camera review, classified information considered in 
     making the designation. The court shall hold unlawful and set 
     aside the designation if the court finds the designation to 
     be arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law, lacking substantial 
     support in the administrative record taken as a whole or in 
     classified information submitted to the court under the 
     previous sentence, contrary to constitutional right, power, 
     privilege, or immunity, or not in accord with the procedures 
     required by law.
       ``(IV) Congressional removal authority.--The Congress 
     reserves the authority to remove, by law, the designation of 
     an organization as a terrorist organization for purposes of 
     this Act.
       ``(V) Sunset.--Subject to subclause (IV), the designation 
     under this clause of an organization as a terrorist 
     organization shall be effective for a period of 2 years from 
     the date of the initial publication of the terrorist 
     organization designation by the Secretary of State. At the 
     end of such period (but no sooner than 60 days prior to the 
     termination of the 2-year-designation period), the Secretary 
     of State, in consultation with the Attorney General, may 
     redesignate the organization in conformity with the 
     requirements of this clause for designation of the 
     organization.
       ``(VI) Removal authority.--The Secretary of State, in 
     consultation with the Attorney General, may remove the 
     terrorist organization designation from any organization 
     previously designated as such an organization, at any time, 
     so long as the Secretary publishes notice of the removal in 
     the Federal Register. The Secretary is not required to report 
     to Congress prior to so removing such designation.

       ``(v) Representative defined.--

       ``(I) In general.--In this subparagraph, the term 
     `representative' includes an officer, official, or spokesman 
     of the organization and any person who directs, counsels, 
     commands or induces the organization or its members to engage 
     in terrorist activity.
       ``(II) Judicial review.--The determination under this 
     subparagraph that an alien is a representative of a terrorist 
     organization shall be subject to judicial review under 
     section 706 of title 5, United States Code.''.

       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

       (a) Withholding of Deportation.--Subsection (h)(2) of 
     section 243 (8 U.S.C. 1253), before amendment by section 
     307(a), is amended by adding at the end the following new 
     sentence: ``For purposes of subparagraph (D), an alien who is 
     described in section 241(a)(4)(B) shall be considered to be 
     an alien for whom there are reasonable grounds for regarding 
     as a danger to the security of the United States.''.
       (b) Suspension of Deportation.--Section 244(a) (8 U.S.C. 
     1254(a)), before amendment by section 308(b), is amended by 
     striking ``section 241(a)(4)(D)'' and inserting 
     ``subparagraph (B) or (D) of section 241(a)(4)''.
       (c) Voluntary Departure.--Section 244(e)(2) (8 U.S.C. 
     1254(e)(2)), before amendment by section 308(b), is amended 
     by inserting ``under section 241(a)(4)(B) or'' after ``who is 
     deportable''.
       (d) Adjustment of Status.--Section 245(c) (8 U.S.C. 
     1255(c)) is amended--
       (1) by striking ``or'' before ``(5)'', and
       (2) by inserting before the period at the end the 
     following: ``, or (6) an alien who is deportable under 
     section 241(a)(4)(B)''.
       (e) Registry.--Section 249(d) (8 U.S.C. 1259(d)) is amended 
     by inserting ``and is not deportable under section 
     241(a)(4)(B)'' after ``ineligible to citizenship''.
       (f) Effective Date.--(1) The amendments made by this 
     section shall take effect on the date of the enactment of 
     this Act and shall apply to applications filed before, on, or 
     after such date if final action has not been taken on them 
     before such date.
       (2) The amendments made by subsections (a) through (c) are 
     subsequently superseded by the amendments made by subtitle A.

[[Page H2419]]

 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

     SEC. 341. DEFINITION OF STOWAWAY.

       (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) is 
     amended by adding the following new paragraph:
       ``(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 
     concealment aboard such vessel or aircraft. A passenger who 
     boards with a valid ticket is not to be considered a 
     stowaway.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.

     SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING.

       (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is 
     amended--
       (1) by amending the first sentence to read as follows: ``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.'';
       (2) in the second sentence, by striking ``shall be 
     prepared'' and inserting ``shall be prepared and submitted''; 
     and
       (3) by 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.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to vessels or aircraft arriving at ports of entry 
     on or after such date (not later than 60 days after the date 
     of the enactment of this Act) as the Attorney General shall 
     specify.
                   Subtitle D--Additional Provisions

     SEC. 351. DEFINITION OF CONVICTION.

       (a) In General.--Section 101(a) (8 U.S.C. 1101(a)), as 
     amended by section 341(a), is amended by adding at the end 
     the following new paragraph:
       ``(48) The term `conviction' means a formal judgment of 
     guilt entered by a court or, if adjudication of guilt has 
     been withheld, where all of the following elements are 
     present:
       ``(A) A judge or jury has found the alien guilty or the 
     alien has entered a plea of guilty or nolo contendere or has 
     admitted sufficient facts to warrant a finding of guilt.
       ``(B) The judge has ordered some form of punishment, 
     penalty, or restraint on the alien's liberty to be imposed.
       ``(C) A judgment or adjudication of guilt may be entered if 
     the alien violates the terms of the probation or fails to 
     comply with the requirements of the court's order, without 
     availability of further proceedings regarding the alien's 
     guilt or innocence of the original charge.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to convictions entered before, on, or after the 
     date of the enactment of this Act.

     SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

       (a) Definition of Term.--Paragraph (4) of section 101(b) (8 
     U.S.C. 1101(b)) is amended to read as follows:
       ``(4) The term `immigration judge' means an attorney whom 
     the Attorney General appoints as an administrative judge 
     within the Executive Office for Immigration Review, qualified 
     to conduct specified classes of proceedings, including a 
     hearing under section 240. An immigration judge shall be 
     subject to such supervision and shall perform such duties as 
     the Attorney General shall prescribe, but shall not be 
     employed by the Immigration and Naturalization Service.''.
       (b) Substitution for Term ``Special Inquiry Officer''.--The 
     Immigration and Nationality Act is amended by striking ``a 
     special inquiry officer'', ``special inquiry officer'', and 
     ``special inquiry officers'' and inserting ``an immigration 
     judge'', ``immigration judge'', and ``immigration judges'', 
     respectively, each place it appears in the following 
     sections:
       (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
       (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
       (3) Section 234 (8 U.S.C. 1224), before redesignation by 
     section 308(b).
       (4) Section 235 (8 U.S.C. 1225), before redesignation by 
     section 308(b).
       (5) Section 236 (8 U.S.C. 1226), before amendment by 
     section 303.
       (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by 
     section 306(a)(2).
       (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), before 
     amendment by section 306(a)(2).
       (8) Section 292 (8 U.S.C. 1362).
       (c) Compensation for Immigration Judges.--
       (1) In general.--There shall be four levels of pay for 
     immigration judges, under the Immigration Judge Schedule 
     (designated as IJ-1, 2, 3, and 4, respectively), and each 
     such judge shall be paid at one of those levels, in 
     accordance with the provisions of this subsection.
       (2) Rates of pay.--
       (A) The rates of basic pay for the levels established under 
     paragraph (1) shall be as follows:

70% of the next to highest rate of basic pay for the Senior Executive .
  Service
80% of the next to highest rate of basic pay for the Senior Executive .
  Service
90% of the next to highest rate of basic pay for the Senior Executive .
  Service
92% of the next to highest rate of basic pay for the Senior Executive .
  Service.
       (B) Locality pay, where applicable, shall be calculated 
     into the basic pay for immigration judges.
       (3) Appointment.--
       (A) Upon appointment, an immigration judge shall be paid at 
     IJ-1, and shall be advanced to IJ-2 upon completion of 104 
     weeks of service, to IJ-3 upon completion of 104 weeks of 
     service in the next lower rate, and to IJ-4 upon completion 
     of 52 weeks of service in the next lower rate.
       (B) The Attorney General may provide for appointment of an 
     immigration judge at an advanced rate under such 
     circumstances as the Attorney General may determine 
     appropriate.
       (4) Transition.--Judges serving on the Immigration Court as 
     of the effective date shall be paid at the rate that 
     corresponds to the amount of time, as provided under 
     paragraph (3)(A), that they have served as an immigration 
     judge.
       (d) Effective Dates.--
       (1) Subsections (a) and (b) shall take effect on the date 
     of the enactment of this Act.
       (2) Subsection (c) shall take effect 90 days after the date 
     of the enactment of this Act.

     SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

       (a) In General.--Section 246(a) (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 remove the alien under section 240, and an 
     order of removal issued by an immigration judge shall be 
     sufficient to rescind the alien's status.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the title III-A effective date (as 
     defined in section 309(a)).

     SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

       (a) In General.--The Immigration and Nationality Act is 
     amended by inserting after section 274C the following new 
     section:


                ``civil penalties for failure to depart

       ``Sec. 274D. (a) In General.--Any alien subject to a final 
     order of removal who--
       ``(1) 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 removal 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 than $500 to the 
     Commissioner for each day the alien is in violation of this 
     section.
       ``(b) Construction.--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 
     243(a) or any other section of this Act.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 274C the 
     following new item:

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

       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to actions occurring on or after the title III-A 
     effective date (as defined in section 309(a)).

     SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.

       (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
       (1) by amending the first sentence to read as follows: 
     ``The district courts of the United States shall have 
     jurisdiction of all causes, civil and criminal, brought by 
     the United States that arise under the provisions of this 
     title.'', and
       (2) by adding at the end the following new sentence: 
     ``Nothing in this section shall be construed as providing 
     jurisdiction for suits against the United States or its 
     agencies or officers.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to actions filed after the date of the enactment 
     of this Act.

     SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR INSTITUTIONAL 
                   HEARING PROGRAM.

       (a) Authorization of Temporary Employment of Certain 
     Annuitants and Retirees.--For the purpose of performing 
     duties in connection with supporting the enhanced 
     Institutional Hearing Program, the Attorney General may 
     employ for a period not to exceed 24 months (beginning 3 
     months after the date of the enactment of this Act) not more 
     than 300 individuals (at any one time) who, by reason of 
     separation from service on or before January 1, 1995, are 
     receiving--
       (1) annuities under the provisions of subchapter III of 
     chapter 83 of title 5, United States Code, or chapter 84 of 
     such title;
       (2) annuities under any other retirement system for 
     employees of the Federal Government; or
       (3) retired or retainer pay as retired officers of regular 
     components of the uniformed services.
       (b) No Reduction in Annuity or Retirement Pay or 
     Redetermination of Pay During Temporary Employment.--
       (1) Retirees under civil service retirement system and 
     federal employees' retirement system.--In the case of an 
     individual employed under subsection (a) who is receiving an 
     annuity described in subsection (a)(1)--
       (A) such individual's annuity shall continue during the 
     employment under subsection (a) and shall not be increased as 
     a result of service performed during that employment;
       (B) retirement deductions shall not be withheld from such 
     individual's pay; and

[[Page H2420]]

       (C) such individual's pay shall not be subject to any 
     deduction based on the portion of such individual's annuity 
     which is allocable to the period of employment.
       (2) Other federal retirees.--The President shall apply the 
     provisions of paragraph (1) to individuals who are receiving 
     an annuity described in subsection (a)(2) and who are 
     employed under subsection (a) in the same manner and to the 
     same extent as such provisions apply to individuals who are 
     receiving an annuity described in subsection (a)(1) and who 
     are employed under subsection (a).
       (3) Retired officers of the uniform services.--The retired 
     or retainer pay of a retired officer of a regular component 
     of a uniformed service shall not be reduced under section 
     5532 of title 5, United States Code, by reason of temporary 
     employment authorized under subsection (a).

     SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL 
                   REENTRY, AND PASSPORT AND VISA FRAUD.

       (a) Failing to Depart.--The United States Sentencing 
     Commission shall promptly promulgate, pursuant to section 994 
     of title 28, United States Code, amendments to the sentencing 
     guidelines to make appropriate increases in the base offense 
     level 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.
       (b) Passport and Visa Offenses.--The United States 
     Sentencing Commission shall promptly promulgate, pursuant to 
     section 994 of title 28, United States Code, amendments to 
     the sentencing guidelines to make appropriate increases in 
     the base offense level for offenses under chapter 75 of title 
     18, United States Code to reflect the amendments made by 
     section 130009 of the Violent Crime Control and Law 
     Enforcement Act of 1994.

     SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF 
                   ALIENS.

       In addition to the amounts otherwise authorized to be 
     appropriated for each fiscal year beginning with fiscal year 
     1996, there are authorized to be appropriated to the Attorney 
     General $150,000,000 for costs associated with the removal of 
     inadmissible or deportable aliens, including costs of 
     detention of such aliens pending their removal, the hiring of 
     more investigators, and the hiring of more detention and 
     deportation officers.

     SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO 
                   ENFORCEMENT.

       (a) In General.--Subsection (b) of section 280 (8 U.S.C. 
     1330(b)) is amended to read as follows:
       ``(b)(1) There is established in the general fund of the 
     Treasury a separate account which shall be known as the 
     `Immigration Enforcement Account'. Notwithstanding any other 
     section of this title, there shall be deposited as offsetting 
     receipts into the Immigration Enforcement Account amounts 
     described in paragraph (2) to remain available until 
     expended.
       ``(2) The amounts described in this paragraph are the 
     following:
       ``(A) The increase in penalties collected resulting from 
     the amendments made by sections 203(b) and 543(a) of the 
     Immigration Act of 1990.
       ``(B) Civil penalties collected under sections 240B(d), 
     274C, 274D, and 275(b).
       ``(3)(A) The Secretary of the Treasury shall refund out of 
     the Immigration Enforcement Account to any appropriation the 
     amount paid out of such appropriation for expenses incurred 
     by the Attorney General for activities that enhance 
     enforcement of provisions of this title, including--
       ``(i) the identification, investigation, apprehension, 
     detention, and removal of criminal aliens;
       ``(ii) the maintenance and updating of a system to identify 
     and track criminal aliens, deportable aliens, inadmissible 
     aliens, and aliens illegally entering the United States; and
       ``(iii) for the repair, maintenance, or construction on the 
     United States border, in areas experiencing high levels of 
     apprehensions of illegal aliens, of structures to deter 
     illegal entry into the United States.
       ``(B) The amounts which are required to be refunded under 
     subparagraph (A) shall be refunded at least quarterly on the 
     basis of estimates made by the Attorney General of the 
     expenses referred to in subparagraph (A). Proper adjustments 
     shall be made in the amounts subsequently refunded under 
     subparagraph (A) to the extent prior estimates were in excess 
     of, or less than, the amount required to be refunded under 
     subparagraph (A).''.
       (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 
     U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and 
     inserting ``243(c), 271,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fines and penalties collected on or after the 
     date of the enactment of this Act.

     SEC. 360. PRISONER TRANSFER TREATIES.

       (a) Negotiation.--Congress advises the President to begin 
     to negotiate and renegotiate, not later than 90 days after 
     the date of the enactment of this Act, bilateral prisoner 
     transfer treaties. The focus of such negotiations shall be--
       (1) to expedite the transfer of aliens unlawfully in the 
     United States who are (or are about to be) incarcerated in 
     United States prisons,
       (2) to ensure that a transferred prisoner serves the 
     balance of the sentence imposed by the United States courts,
       (3) to eliminate any requirement of prisoner consent to 
     such a transfer, and
       (4) to allow the Federal Government or the States to keep 
     their original prison sentences in force so that transferred 
     prisoners who return to the United States prior to the 
     completion of their original United States sentences can be 
     returned to custody for the balance of their prison 
     sentences.

     In entering into such negotiations, the President may 
     consider providing for appropriate compensation in cases 
     where the United States is able to independently verify the 
     adequacy of the sites where aliens will be imprisoned and the 
     length of time the alien is actually incarcerated in the 
     foreign country under such a treaty.
       (b) Certification.--The President shall submit to the 
     Congress, annually, a certification as to whether each 
     prisoner transfer treaty in force is effective in returning 
     aliens unlawfully in the United States who have committed 
     offenses for which they are incarcerated in the United States 
     to their country of nationality for further incarceration.

     SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

       (a) Operation and Purpose.--Subsection (a) of section 
     130002 of the Violent Crime Control and Law Enforcement Act 
     of 1994 (Public Law 103-322) is amended to read as follows:
       ``(a) Operation and Purpose.--The Commissioner of 
     Immigration and Naturalization shall, under the authority of 
     section 242(a)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien 
     identification system. The criminal alien identification 
     system shall be used to assist Federal, State, and local law 
     enforcement agencies in identifying and locating aliens who 
     may be subject to removal by reason of their conviction of 
     aggravated felonies, subject to prosecution under section 275 
     of such Act, not lawfully present in the United States, or 
     otherwise removable. Such system shall include providing for 
     recording of fingerprint records of aliens who have been 
     previously arrested and removed into appropriate automated 
     fingerprint identification systems.''.
       (b) Identification of Criminal Aliens Unlawfully Present in 
     the United States.--Upon the request of the governor or chief 
     executive officer of any State, the Immigration and 
     Naturalization Service shall provide assistance to State 
     courts in the identification of aliens unlawfully present in 
     the United States pending criminal prosecution.

     SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR 
                   CERTAIN SECTION 274C VIOLATORS.

       (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is 
     amended--
       (1) by amending subparagraph (F) of subsection (a)(6) to 
     read as follows:
       ``(F) Subject of civil penalty.--
       ``(i) In general.--An alien who is the subject of a final 
     order for violation of section 274C is inadmissible.
       ``(ii) Waiver authorized.--For provision authorizing waiver 
     of clause (i), see subsection (d)(12).''; and
       (2) by adding at the end of subsection (d) the following 
     new paragraph:
       ``(12) The Attorney General may, in the discretion of the 
     Attorney General for humanitarian purposes, to assure family 
     unity, or when it is otherwise in the public interest, waive 
     application of clause (i) of subsection (a)(6)(F)--
       ``(A) in the case of an alien lawfully admitted for 
     permanent residence who temporarily proceeded abroad 
     voluntarily and not under an order of deportation and who is 
     otherwise admissible to the United States as a returning 
     resident under section 211(b), and
       ``(B) in the case of an alien seeking admission or 
     adjustment of status under section 201(b)(2)(A) or under 
     section 203(a),

     if the violation under section 274C was committed solely to 
     assist, aid, or support the alien's spouse, parent, son, or 
     daughter (and not another individual).''.
       (b) Ground of Deportation.--Subparagraph (C) of section 
     241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by 
     section 305(a)(2), is amended to read as follows:
       ``(C) Document fraud.--
       ``(i) In general.--An alien who is the subject of a final 
     order for violation of section 274C is deportable.
       ``(ii) Waiver authorized.--The Attorney General may waive 
     clause (i) in the case of an alien lawfully admitted for 
     permanent residence if the alien's civil money penalty under 
     section 274C was incurred solely to assist, aid, or support 
     the alien's spouse, parent, son, or daughter (and no other 
     individual).''.

     SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL 
                   PROBATION OR CRIMINAL PAROLE.

       Section 263(a) (8 U.S.C. 1303(a)) is amended by striking 
     ``and (5)'' and inserting ``(5) aliens who are or have been 
     on criminal probation or criminal parole within the United 
     States, and (6)''.

     SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN 
                   BATTERED SPOUSES AND CHILDREN.

       (a) In General.--Except as provided in subsection (b), in 
     no case may the Attorney General, or any other official or 
     employee of the Department of Justice (including any bureau 
     or agency of such Department)--
       (1) make an adverse determination of admissibility or 
     deportability of an alien under the Immigration and 
     Nationality Act using information furnished solely by--
       (A) a spouse or parent who has battered the alien or 
     subjected the alien to extreme cruelty,
       (B) a member of the spouse's or parent's family residing in 
     the same household as the alien who has battered the alien or 
     subjected the alien to extreme cruelty when the spouse or 
     parent consented to or acquiesced in such battery or cruelty,
       (C) a spouse or parent who has battered the alien's child 
     or subjected the alien's child to extreme cruelty (without 
     the active participation of the alien in the battery or 
     extreme cruelty), or
       (D) a member of the spouse's or parent's family residing in 
     the same household as the alien

[[Page H2421]]

     who has battered the alien's child or subjected the alien's 
     child to extreme cruelty when the spouse or parent consented 
     to or acquiesced in such battery or cruelty and the alien did 
     not actively participate in such battery or cruelty,

     unless the alien has been convicted of a crime or crimes 
     listed in section 241(a)(2) of the Immigration and 
     Nationality Act; or
       (2) permit use by or disclosure to anyone (other than a 
     sworn officer or employee of the Department, or bureau or 
     agency thereof, for legitimate Department, bureau, or agency 
     purposes) of any information which relates to an alien who is 
     the beneficiary of an application for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) 
     of section 204(a)(1)(B), section 216(c)(4)(C), or section 
     244(a)(3) of such Act as an alien (or the parent of a child) 
     who has been battered or subjected to extreme cruelty.

     The limitation under paragraph (2) ends when the application 
     for relief is denied and all opportunities for appeal of the 
     denial have been exhausted.
       (b) Exceptions.--
       (1) The Attorney General may provide, in the Attorney 
     General's discretion, for the disclosure of information in 
     the same manner and circumstances as census information may 
     be disclosed by the Secretary of Commerce under section 8 of 
     title 13, United States Code.
       (2) The Attorney General may provide in the discretion of 
     the Attorney General for the disclosure of information to law 
     enforcement officials to be used solely for a legitimate law 
     enforcement purpose.
       (3) Subsection (a) shall not be construed as preventing 
     disclosure of information in connection with judicial review 
     of a determination in a manner that protects the 
     confidentiality of such information.
       (4) Subsection (a)(2) shall not apply if all the battered 
     individuals in the case are adults and they have all waived 
     the restrictions of such subsection.
       (c) Penalties for Violations.--Anyone who uses, publishes, 
     or permits information to be disclosed in violation of this 
     section shall be fined in accordance with title 18, United 
     States Code, or imprisoned not more than 5 years, or both.
        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

     SEC. 401. PILOT PROGRAM FOR VOLUNTARY USE OF EMPLOYMENT 
                   ELIGIBILITY CONFIRMATION PROCESS.

       (a) Voluntary Election to Participate in Pilot Program 
     Confirmation Mechanism.--
       (1) In general.--An employer (or a recruiter or referrer 
     subject to section 274A(a)(1)(B)(ii) of the Immigration and 
     Nationality Act) may elect to participate in the pilot 
     program for employment eligibility confirmation provided 
     under this section (such program in this section referred to 
     as the ``pilot program''). Except as specifically provided in 
     this section, the Attorney General is not authorized to 
     require any entity to participate in the program under this 
     section. The pilot program shall operate in at least 5 of the 
     7 States with the highest estimated population of 
     unauthorized aliens.
       (2) Effect of election.--The following provisions apply in 
     the case of an entity electing to participate in the pilot 
     program:
       (A) Obligation to use confirmation mechanism.--The entity 
     agrees to comply with the confirmation mechanism under 
     subsection (c) to confirm employment eligibility under the 
     pilot program for all individuals covered under the election 
     in accordance with this section.
       (B) Benefit of rebuttable presumption.--
       (i) In general.--If the entity obtains confirmation of 
     employment eligibility under the pilot program with respect 
     to the hiring (or recruiting or referral that is subject to 
     section 274A(a)(1)(B)(ii) of the Immigration and Nationality 
     Act) of an individual for employment in the United States, 
     the entity has established a rebuttable presumption that the 
     entity has not violated section 274A(a)(1)(A) of the 
     Immigration and Nationality Act with respect to such hiring 
     (or such recruiting or referral).
       (ii) Construction.--Clause (i) shall not be construed as 
     preventing an entity that has an election in effect under 
     this section from establishing an affirmative defense under 
     section 274A(a)(3) of the Immigration and Nationality Act if 
     the entity complies with the requirements of section 
     274A(a)(1)(B) of such Act but fails to comply with the 
     obligations under subparagraph (A).
       (C) Benefit of notice before employment-related 
     inspections.--The Immigration and Naturalization Service, the 
     Special Counsel for Immigration-Related Unfair Employment 
     Practices, and any other agency authorized to inspect forms 
     required to be retained under section 274A of the Immigration 
     and Nationality Act or to search property for purposes of 
     enforcing such section shall provide at least 3 days notice 
     prior to such an inspection or search, except that such 
     notice is not required if the inspection or search is 
     conducted with an administrative or judicial subpoena or 
     warrant or under exigent circumstances.
       (3) General terms of elections.--
       (A) In general.--An election under paragraph (1) shall be 
     in a form and manner and under such terms and conditions as 
     the Attorney General shall specify and shall take effect as 
     the Attorney General shall specify. Such an election shall 
     apply (under such terms and conditions and as specified in 
     the election) either to all hiring (and all recruitment or 
     referral that is subject to section 274A(a)(1)(B)(ii) of the 
     Immigration and Nationality Act) by the entity during the 
     period in which the election is in effect or to hiring (or 
     recruitment or referral that is subject to section 
     274A(a)(1)(B)(ii) of the Immigration and Nationality Act) in 
     one or more States or one or more places of such hiring (or 
     such recruiting or referral, as the case may be) covered by 
     the election. The Attorney General may not impose any fee as 
     a condition of making an election or participation in the 
     pilot program under this section.
       (B) Acceptance of elections.--Except as otherwise provided 
     in this paragraph, the Attorney General shall accept all 
     elections made under paragraph (1). The Attorney General may 
     establish a process under which entities seek to make 
     elections in advance, in order to permit the Attorney General 
     the opportunity to identify and develop appropriate resources 
     to accommodate the demand for participation in the pilot 
     program under this section.
       (C) Rejection of elections.--The Attorney General may 
     reject an election by an entity under paragraph (1) because 
     the Attorney General has determined that there are 
     insufficient resources to provide services under the pilot 
     program for the entity.
       (D) Termination of elections.--The Attorney General may 
     terminate an election by an entity under paragraph (1) 
     because the entity has substantially failed to comply with 
     the obligations of the entity under the pilot program.
       (E) Rescission of election.--An entity may rescind an 
     election made under this subsection in such form and manner 
     as the Attorney General shall specify.
       (b) Consultation, Education, and Publicity.--
       (1) Consultation.--The Attorney General shall closely 
     consult with representatives of employers (and recruiters and 
     referrers whose recruiting or referring is subject to section 
     274A(a)(1)(B)(ii) of the Immigration and Nationality Act) in 
     the development and implementation of the pilot program under 
     this section, including the education of employers (and such 
     recruiters and referrers) about the program.
       (2) Publicity.--The Attorney General shall widely publicize 
     the election process and pilot program under this section, 
     including the voluntary nature of the program and the 
     advantages to employers of making an election under 
     subsection (a).
       (3) Assistance through district offices.--The Attorney 
     General shall designate one or more individuals in each 
     District office of the Immigration and Naturalization 
     Service--
       (A) to inform entities that seek information about the 
     program of the voluntary nature of the program, and
       (B) to assist entities in electing and participating in the 
     pilot program, in complying with the requirements of section 
     274A of the Immigration and Nationality Act, and in 
     facilitating identification of individuals authorized to be 
     employed consistent with such section.
       (c) Confirmation Process Under Pilot Program.--An entity 
     that is participating in the pilot program agrees to conform 
     to the following procedures in the case of a hiring (or 
     recruiting or referral in the case of recruitment or referral 
     that is subject to section 274A(a)(1)(B)(ii) of the 
     Immigration and Nationality Act) of each individual covered 
     under the program for employment in the United States:
       (1) Provision of additional information.--The entity shall 
     obtain from the individual (and the individual shall provide) 
     and shall record on the form used for purposes of section 
     274A(b)(1)(A) of the Immigration and Nationality Act--
       (A) the individual's social security account number (if the 
     individual has been issued such a number), and
       (B) if the individual is an alien, such identification or 
     authorization number established by the Service for the alien 
     as the Attorney General shall specify.
       (2) Seeking confirmation.--
       (A) In general.--The entity shall make an inquiry, under 
     the confirmation mechanism established under subsection (d), 
     to seek confirmation of the identity, applicable number (or 
     numbers) described in section 274A(b)(2)(B) of the 
     Immigration and Nationality Act, and work eligibility of the 
     individual, by not later than the end of 3 working days (as 
     specified by the Attorney General) after the date of the 
     hiring (or recruitment or referral, as the case may be).
       (B) Extension of time period.--If the entity in good faith 
     attempts to make an inquiry during such 3 working days and 
     the confirmation mechanism has registered that not all 
     inquiries were responded to during such time, the entity can 
     make an inquiry in the first subsequent working day in which 
     the confirmation mechanism registers no nonresponses and 
     qualify for the presumption. If the confirmation mechanism is 
     not responding to inquiries at all times during a day, the 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       (3) Confirmation.--
       (A) In general.--If the entity receives an appropriate 
     confirmation of such identity, applicable number or numbers, 
     and work eligibility under the confirmation mechanism within 
     the time period specified under subsection (d) after the time 
     the confirmation inquiry was received, the entity shall 
     record on the form used for purposes of section 274A(b)(1)(A) 
     of the Immigration and Nationality Act an appropriate code 
     indicating a confirmation of such identity, number or 
     numbers, and work eligibility.
       (B) Failure to obtain confirmation.--If the entity has made 
     the inquiry described in paragraph (1) but has received a 
     nonconfirmation within the time period specified--
       (i) the presumption under subsection (a)(2)(B) shall not be 
     considered to apply, and
       (ii) if the entity nonetheless continues to employ (or 
     recruits or refers, if such recruitment or referral is 
     subject to section 274A(a)(1)(B)(ii) of the Immigration and 
     Nationality Act) the individual for employment in the United 
     States, the entity shall notify the Attorney General of such 
     fact through the confirmation mechanism or in

[[Page H2422]]

     such other manner as the Attorney General may specify.
       (C) Consequences.--
       (i) Failure to notify.--If the entity fails to provide 
     notice with respect to an individual as required under 
     subparagraph (B)(ii), the failure is deemed to constitute a 
     violation of section 274A(a)(1)(A) of the Immigration and 
     Nationality Act with respect to that individual.
       (ii) Continued employment.--If the entity provides notice 
     under subparagraph (B)(ii) with respect to an individual, the 
     entity has the burden of proof, for purposes of applying 
     section 274A(a)(1)(A) of the Immigration and Nationality Act 
     with respect to such entity and individual, of establishing 
     that the individual is not an unauthorized alien (as defined 
     in section 274A(h)(3) of such Act).
       (iii) No application to criminal penalty.--Clauses (i) and 
     (ii) shall not apply in any prosecution under section 
     274A(f)(1) of the Immigration and Nationality Act.
       (d) Employment Eligibility Pilot Confirmation Mechanism.--
       (1) In general.--The Attorney General shall establish a 
     pilot program confirmation mechanism (in this section 
     referred to as the ``confirmation mechanism'') through which 
     the Attorney General (or a designee of the Attorney General 
     which may include a nongovernmental entity)--
       (A) responds to inquiries by electing entities, made at any 
     time through a toll-free telephone line or other electronic 
     media in the form of an appropriate confirmation code or 
     otherwise, on whether an individual is authorized to be 
     employed, and
       (B) maintains a record that such an inquiry was made and 
     the confirmation provided (or not provided).

     To the extent practicable, the Attorney General shall seek to 
     establish such a mechanism using one or more nongovernmental 
     entities. For purposes of this section, the Attorney General 
     (or a designee of the Attorney General) shall provide through 
     the confirmation mechanism confirmation or a tentative 
     nonconfirmation of an individual's employment eligibility 
     within 3 working days of the initial inquiry.
       (2) Expedited procedure in case of non-confirmation.--In 
     connection with paragraph (1), the Attorney General shall 
     establish, in consultation with the Commissioner of Social 
     Security and the Commissioner of the Immigration and 
     Naturalization Service, expedited procedures that shall be 
     used to confirm the validity of information used under the 
     confirmation mechanism in cases in which the confirmation is 
     sought but is not provided through the confirmation 
     mechanism.
       (3) Design and operation of mechanism.--The confirmation 
     mechanism shall be designed and operated--
       (A) to maximize the reliability of the confirmation 
     process, and the ease of use by entities making elections 
     under subsection (a) consistent with insulating and 
     protecting the privacy and security of the underlying 
     information, and
       (B) to respond to all inquiries made by such entities on 
     whether individuals are authorized to be employed registering 
     all times when such response is not possible.
       (4) Confirmation process.--
       (A) Confirmation of validity of social security account 
     number.--As part of the confirmation mechanism, the 
     Commissioner of Social Security, in consultation with the 
     entity responsible for administration of the mechanism, shall 
     establish a reliable, secure method, which within the time 
     period specified under paragraph (1), compares the name and 
     social security account number provided against such 
     information maintained by the Commissioner in order to 
     confirm (or not confirm) the validity of the information 
     provided and whether the individual has presented a social 
     security account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information.
       (B) Confirmation of alien authorization.--As part of the 
     confirmation mechanism, the Commissioner of the Service, in 
     consultation with the entity responsible for administration 
     of the mechanism, shall establish a reliable, secure method, 
     which, within the time period specified under paragraph (1), 
     compares the name and alien identification or authorization 
     number (if any) described in subsection (c)(1)(B) provided 
     against such information maintained by the Commissioner in 
     order to confirm (or not confirm) the validity of the 
     information provided and whether the alien is authorized to 
     be employed in the United States.
       (C) Process in case of tentative nonconfirmation.--In cases 
     of tentative nonconfirmation, the Attorney General shall 
     specify, in consultation with the Commissioner of Social 
     Security and the Commissioner of the Immigration and 
     Naturalization Service, an expedited time period not to 
     exceed 10 working days after the date of the tentative 
     nonconfirmation within which final confirmation or denial 
     must be provided through the confirmation mechanism in 
     accordance with the procedures under paragraph (2).
       (D) Updating information.--The Commissioners shall update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information.
       (5) Protections.--(A) In no case shall an employer 
     terminate employment of an individual because of a failure of 
     the individual to have work eligibility confirmed under this 
     section, until after the end of the 10-working-day period in 
     which a final confirmation or nonconfirmation is being sought 
     under paragraph (4)(C). Nothing in this subparagraph shall 
     apply to a termination of employment for any reason other 
     than because of such a failure.
       (B) The Attorney General shall assure that there is a 
     timely and accessible process to challenge nonconfirmations 
     made through the mechanism.
       (B) If an individual would not have been dismissed from a 
     job but for an error of the confirmation mechanism, the 
     individual will be entitled to compensation through the 
     mechanism of the Federal Tort Claims Act.
       (6) Protection from liability for actions taken on the 
     basis of information provided by the employment eligibility 
     confirmation mechanism.--No person shall be civilly or 
     criminally liable under any law (including the Civil Rights 
     Act of 1964, the Americans with Disabilities Act of 1990, the 
     Fair Labor Standards Act of 1938, or the Age Discrimination 
     in Employment Act of 1967) for any action taken in good faith 
     reliance on information provided through the employment 
     eligibility confirmation mechanism established under this 
     subsection.
       (7) Multiple mechanisms permitted.--Nothing in this 
     subsection shall be construed as preventing the Attorney 
     General from experimenting with different mechanisms for 
     different entities.
       (e) Select Entities Required to Participate in Pilot 
     Program.--
       (1) Federal government.--Each entity of the Federal 
     Government that is subject to the requirements of section 
     274A of the Immigration and Nationality Act (including the 
     Legislative and Executive Branches of the Federal Government) 
     shall participate in the pilot program under this section and 
     shall comply with the terms and conditions of such an 
     election.
       (2) Application to certain violators.--An order under 
     section 274A(e)(4) or section 274B(g)(2)(B) of the 
     Immigration and Nationality Act may require the subject of 
     the order to participate in the pilot program and comply with 
     the requirements of subsection (c).
       (3) Consequence of failure to participate.--If an entity is 
     required under this subsection to participate in the pilot 
     program and fails to comply with the requirements of 
     subsection (c) with respect to an individual such failure 
     shall be treated as a violation of section 274A(a)(1)(B) of 
     the Immigration and Nationality Act with respect to that 
     individual.
       (f) Program Initiation; Reports; Termination.--
       (1) Initiation of program.--The Attorney General shall 
     implement the pilot program in a manner that permits entities 
     to have elections under subsection (a) made and in effect by 
     not later than 1 year after the date of the enactment of this 
     Act.
       (2) Reports.--The Attorney General shall submit to Congress 
     annual reports on the pilot program under this section at the 
     end of each year in which the program is in effect. The last 
     two such reports shall each include recommendations on 
     whether or not the pilot program should be continued or 
     modified and on benefits to employers and enforcement of 
     section 274A of the Immigration and Nationality Act obtained 
     from use of the pilot program.
       (3) Termination.--Unless the Congress otherwise provides, 
     the Attorney General shall terminate the pilot program under 
     this section at the end of the third year in which it is in 
     effect under this section.
       (g) Construction.--This section shall not affect the 
     authority of the Attorney General under other law (including 
     section 274A(d)(4) of the Immigration and Nationality Act) to 
     conduct demonstration projects in relation to section 274A of 
     such Act.
       (h) Limitation on Use of the Confirmation Process and Any 
     Related Mechanisms.--Notwithstanding any other provision of 
     law, nothing in this section shall be construed to permit or 
     allow any department, bureau, or other agency of the United 
     States Government to utilize any information, data base, or 
     other records assembled under this section for any other 
     purpose other than as provided for under the pilot program 
     under this section.

     SEC. 402. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS 
                   OF PAPERWORK REQUIREMENTS.

       (a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) 
     is amended--
       (1) by striking ``and'' at the end of subparagraph (C),
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(E) under which a person or entity shall not be 
     considered to have failed to comply with the requirements of 
     subsection (b) based upon a technical or procedural failure 
     to meet a requirement of such subsection in which there was a 
     good faith attempt to comply with the requirement unless (i) 
     the Service (or another enforcement agency) has explained to 
     the person or entity the basis for the failure, (ii) the 
     person or entity has been provided a period of not less than 
     10 business days (beginning after the date of the 
     explanation) within which to correct the failure, and (iii) 
     the person or entity has not corrected the failure 
     voluntarily within such period, except that this subparagraph 
     shall not apply with respect to the engaging by any person or 
     entity of a pattern or practice of violations of subsection 
     (a)(1)(A) or (a)(2).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to failures occurring on or after the date of the 
     enactment of this Act.

     SEC. 403. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER 
                   SANCTIONS PROGRAM.

       (a) Reducing to 6 the Number of Documents Accepted for 
     Employment Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) 
     is amended--
       (1) in paragraph (1)(B)--
       (A) by adding ``or'' at the end of clause (i),
       (B) by striking clauses (ii) through (iv), and
       (C) in clause (v), by striking ``or other alien 
     registration card, if the card'' and inserting ``,

[[Page H2423]]

     alien registration card, or other document designated by 
     regulation by the Attorney General, if the document'' and 
     redesignating such clause as clause (ii); and
       (2) by amending subparagraph (C) of paragraph (1) to read 
     as follows:
       ``(C) Social security account number card as evidence of 
     employment authorization.--A document described in this 
     subparagraph is an individual's social security account 
     number card (other than such a card which specifies on the 
     face that the issuance of the card does not authorize 
     employment in the United States).''.
       (b) Reduction of Paperwork for Certain Employees.--Section 
     274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end 
     the following new paragraph:
       ``(6) Treatment of documentation for certain employees.--
       ``(A) In general.--For purposes of paragraphs (1)(B) and 
     (3), if--
       ``(i) an individual is a member of a collective-bargaining 
     unit and is employed, under a collective bargaining agreement 
     entered into between one or more employee organizations and 
     an association of two or more employers, by an employer that 
     is a member of such association, and
       ``(ii) within the period specified in subparagraph (B), 
     another employer that is a member of the association (or an 
     agent of such association on behalf of the employer) has 
     complied with the requirements of subsection (b) with respect 
     to the employment of the individual,

     the subsequent employer shall be deemed to have complied with 
     the requirements of subsection (b) with respect to the hiring 
     of the employee and shall not be liable for civil penalties 
     described in subsection (e)(5).
       ``(B) Period.--The period described in this subparagraph 
     is--
       ``(i) up to 5 years in the case of an individual who has 
     presented documentation identifying the individual as a 
     national of the United States or as an alien lawfully 
     admitted for permanent residence; or
       ``(ii) up to 3 years (or, if less, the period of time that 
     the individual is authorized to be employed in the United 
     States) in the case of another individual.
       ``(C) Liability.--
       ``(i) In general.--If any employer that is a member of an 
     association hires for employment in the United States an 
     individual and relies upon the provisions of subparagraph (A) 
     to comply with the requirements of subsection (b) and the 
     individual is an unauthorized alien, then for the purposes of 
     paragraph (1)(A), subject to clause (ii), the employer shall 
     be presumed to have known at the time of hiring or afterward 
     that the individual was an unauthorized alien.
       ``(ii) Rebuttal of presumption.--The presumption 
     established by clause (i) may be rebutted by the employer 
     only through the presentation of clear and convincing 
     evidence that the employer did not know (and could not 
     reasonably have known) that the individual at the time of 
     hiring or afterward was an unauthorized alien.''.
       (c) Elimination of Dated Provisions.--Section 274A (8 
     U.S.C. 1324a) is amended by striking subsections (i) through 
     (n).
       (d) Clarification of Application to Federal Government.--
     Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Application to federal government.--For purposes of 
     this section, the term `entity' includes an entity in any 
     Branch of the Federal Government.''.
       (e) Effective Dates.--
       (1) Except as provided in this subsection, the amendments 
     made by this section 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.
       (2) The amendments made by subsections (a)(1) and (a)(2) 
     shall apply with respect to the hiring (or recruiting or 
     referring) occurring on or after such date (not later than 18 
     months after the date of the enactment of this Act) as the 
     Attorney General shall designate.
       (3) The amendment made by subsection (b) shall apply to 
     individuals hired on or after 60 days after the date of the 
     enactment of this Act.
       (4) The amendment made by subsection (c) shall take effect 
     on the date of the enactment of this Act.
       (5) The amendment made by subsection (d) applies to hiring 
     occurring before, on, or after the date of the enactment of 
     this Act, but no penalty shall be imposed under section 
     274A(e) of the Immigration and Nationality Act for such 
     hiring occurring before such date.
       (f) Implementation of Electronic Storage of I-9 Forms.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Attorney General shall issue regulations which shall 
     provide for the electronic storage of forms used in 
     satisfaction of the requirements of section 274A(b)(3) of the 
     Immigration and Nationality Act.

     SEC. 404. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
                   PROVISIONS.

       (a) In General.--The number of full-time equivalent 
     positions in the Investigations Division within the 
     Immigration and Naturalization Service of the Department of 
     Justice beginning in fiscal year 1997 shall be increased by 
     500 positions above the number of full-time equivalent 
     positions available to such Division as of September 30, 
     1995.
       (b) Assignment.--Individuals employed to fill the 
     additional positions described in subsection (a) shall be 
     assigned to investigate violations of the employer sanctions 
     provisions contained in section 274A of the Immigration and 
     Nationality Act.

     SEC. 405. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO 
                   WORK.

       Subsection (c) of section 290 (8 U.S.C. 1360) is amended to 
     read as follows:
       ``(c)(1) Not later than 3 months after the end of each 
     fiscal year (beginning with fiscal year 1996), the 
     Commissioner of Social Security shall report to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate on the aggregate number of social security 
     account numbers issued to aliens not authorized to be 
     employed to which earnings were reported to the Social 
     Security Administration in such fiscal year.
       ``(2) If earnings are reported on or after January 1, 1997, 
     to the Social Security Administration on a social security 
     account number issued to an alien not authorized to work in 
     the United States, the Commissioner of Social Security shall 
     provide the Attorney General with information regarding the 
     name and address of the alien, the name and address of the 
     person reporting the earnings, and the amount of the 
     earnings. The information shall be provided in an electronic 
     form agreed upon by the Commissioner and the Attorney 
     General.''.

     SEC. 406. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON 
                   ALIENS.

       Section 264 (8 U.S.C. 1304) is amended by adding at the end 
     the following new subsection:
       ``(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 or the Service.''.

     SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

       (a) Requiring Certain Remedies in Unfair Immigration-
     Related Discrimination Orders.--Section 274B(g)(2) (8 U.S.C. 
     1324b(g)(2)) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``Such order also shall require the person or 
     entity to comply with the requirements of clauses (ii) and 
     (vi) of subparagraph (B).'';
       (2) in subparagraph (B), by striking ``Such an order'' and 
     inserting ``Subject to the second sentence of subparagraph 
     (A), such an order''; and
       (3) in subparagraph (B)(vi), by inserting before the 
     semicolon at the end the following: ``and to certify the fact 
     of such education''.
       (b) Treatment of Certain Documentary Practice as Employment 
     Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is 
     amended--
       (1) by striking ``For'' and inserting ``(A) Subject to 
     subparagraph (B), for'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) A person or other entity--
       ``(i) may request a document proving a renewal of 
     employment authorization when an individual has previously 
     submitted a time-limited document to satisfy the requirements 
     of section 274A(b)(1); or
       ``(ii) if possessing reason to believe that an individual 
     presenting a document which reasonably appears on its face to 
     be genuine is nonetheless an unauthorized alien, may (I) 
     inform the individual of the question about the document's 
     validity, and of such person or other entity's intention to 
     verify the validity of such document, and (II) upon receiving 
     confirmation that the individual is unauthorized to work, may 
     dismiss the individual.

     Nothing in this provision prohibits an individual from 
     offering alternative documents that satisfy the requirements 
     of section 274A(b)(1).''.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to orders issued on or after the first day of the 
     first month beginning at least 90 days after the date of the 
     enactment of this Act.
              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

     SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.

       This title amends the legal immigration provisions of the 
     Immigration and Nationality Act so as to provide for the 
     following (beginning with fiscal year 1997):
       (1) Division of immigration among 3 categories.--There will 
     be a worldwide level of immigration of approximately 562,000, 
     divided among--
       (A) family-sponsored immigrants, with a worldwide annual 
     numerical limitation (after a transition) of approximately 
     330,000,
       (B) employment-based immigrants, with a worldwide annual 
     numerical limitation of 135,000,
       (C) diversity immigrants, with a worldwide annual numerical 
     limitation of 27,000, and
       (D) humanitarian immigrants, with a worldwide annual 
     numerical limitation (after a transition) of approximately 
     70,000.

     Congress is required to reevaluate and reauthorize these 
     numbers every 5 years.
       (2) Family-sponsored immigrants.--
       (A) Categories.--Family-sponsored immigrants are (i) 
     spouses and children of citizens, (ii) spouses and children 
     of permanent resident aliens, (iii) parents of adult United 
     States citizens if the parents meet certain insurance 
     requirements, and (iv) sons or daughters of United States 
     citizens or sons or daughters of permanent resident aliens 
     who have never been married, are childless, but for the 
     residence requirements would qualify as dependents for 
     Federal income tax purposes, and are at least 21 but not more 
     than 25 years of age.
       (B) Numerical limitations.--
       (i) There will be no direct numerical limit on admission of 
     spouses and children of United States citizens.
       (ii) The annual numerical limit on admission of spouses and 
     children of permanent residents will not be below 85,000.
       (iii) The annual numerical limit on admission of parents of 
     United States citizens will not be below 25,000.

[[Page H2424]]

       (3) Employment-based immigrants.--Employment-based 
     immigrants will fall within the following categories and 
     numerical limitations:
       (A) Extraordinary immigrants.--First, aliens with 
     extraordinary ability, up to 15,000 each year.
       (B) Outstanding professors and researchers and 
     multinational executives.--Second, aliens who are outstanding 
     professors and researchers or multinational executives or 
     managers, up to 30,000 each year, plus any left from the 
     previous category.
       (C) Professionals with advanced degrees or exceptional 
     ability aliens.--Third, aliens who are members of the 
     professions holding advanced degrees or who have exceptional 
     ability, up to 30,000 each year, plus any left from the 
     previous categories.
       (D) Other professionals and skilled workers.--Fourth, 
     aliens who are skilled workers with at least 4 years of 
     training and work experience or are professionals with a 
     baccalaureate degree and at least 2 years' experience, up to 
     45,000 each year, plus any left from the previous categories.
       (E) Investors.--Fifth, aliens who are investing at least 
     $1,000,000 in enterprises in the United States that will 
     employ at least 10 workers, up to 10,000 each year (with a 2-
     year pilot program for those investing at least $500,000 in 
     enterprises employing at least 5 workers).
       (F) Certain special immigrants.--Lastly, aliens who fall 
     within certain classes of special immigrants (such as 
     religious ministers, aliens who have worked for the 
     Government abroad, certain long-term alien employees of 
     international organizations, certain dependent juveniles, and 
     certain long-term alien members of the Armed Forces), up to 
     5,000 each year.
       (4) Diversity immigrants.--Diversity immigrants are chosen 
     from the 10 countries in each region with the highest demand 
     for diversity visas by random selection.
       (5) Humanitarian immigrants.--Humanitarian immigrants will 
     fall within the following categories and numerical 
     limitations:
       (A) Refugees.--Refugees, subject to a numerical limitation 
     (after a transition and excluding emergency refugees) of 
     50,000 or such higher number as the Congress may provide by 
     law.
       (B) Asylees.--Aliens seeking asylum, subject to no 
     numerical limitation in any year. As under current law, 
     asylees may adjust to permanent residence status at a rate of 
     up to 10,000 each year.
       (C) Other humanitarian immigrants.--Other immigrants who 
     are of special humanitarian concern to the United States, up 
     to 10,000 each year.
       (6) Transition.--
       (A) Additional visa numbers for spouses and minor, 
     unmarried children of permanent resident aliens.--In order to 
     reduce the current backlog for spouses and minor, unmarried 
     children of lawful permanent residents, there will be at 
     least an additional 50,000 immigrant visa numbers made 
     available for these aliens for each of 5 fiscal years, with 
     priority for spouses and children of aliens who did not 
     participate in a legalization program.
       (B) Phase-down in normal flow refugee numerical 
     limitation.--The annual numerical limitation on non-emergency 
     refugees (without specific approval of Congress) will be 
     phased down to 75,000 in fiscal year 1997 and 50,000 in 
     fiscal year 1998 and thereafter.
                 Subtitle A--Worldwide Numerical Limits

     SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED 
                   IMMIGRANTS.

       (a) Overview.--
       (1) The amendment made by subsection (b) provides for a 
     worldwide level of family-sponsored immigrants of 330,000 
     less the number of spouses and children of citizens admitted 
     in the previous year.
       (2) However, there will be no limit on spouses and children 
     of citizens, nor would the number of visas available to 
     spouses and children of lawful permanent residents go below 
     85,000, nor would the number of visas available to parents of 
     citizens go below 25,000.
       (3) Any excess in family immigration above 330,000 would 
     come from other unused visas and, if necessary, from future 
     visa numbers.
       (4) If there are any remaining family visas, these visas 
     would be added to the visas made available to spouses and 
     children of lawful permanent resident aliens.
       (b) Amendment.--Subsection (c) of section 201 (8 U.S.C. 
     1151) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--
       ``(1) In general.--Subject to the succeeding provisions of 
     this subsection, the worldwide level of family-sponsored 
     immigrants under this subsection (in this subsection referred 
     to as the `worldwide family level') for a fiscal year is 
     330,000.
       ``(2) Reduction for spouses and children of united states 
     citizens and certain other family-related immigrants.--The 
     worldwide family level for a fiscal year shall be reduced 
     (but not below a number sufficient to provide for the minimum 
     visa numbers described in paragraph (4)) by the number of 
     aliens described in subsection (b)(2) who were issued 
     immigrant visas or who otherwise acquired the status of 
     aliens lawfully admitted to the United States for permanent 
     residence in the previous fiscal year.
       ``(3) Further reduction for any previous excess family 
     immigration.--
       ``(A) In general.--If there are excess family admissions in 
     a particular fiscal year (as determined under subparagraph 
     (B)) beginning with fiscal year 1997, then for the following 
     fiscal year the worldwide family level shall be reduced (but 
     not below a number sufficient to provide for the minimum visa 
     numbers described in paragraph (4)) by the net number of 
     excess admissions in that particular fiscal year (as defined 
     in subparagraph (C)).
       ``(B) Determination of excess family admissions.--For 
     purposes of subparagraph (A), there are excess family 
     admissions in a fiscal year if--
       ``(i) the number of aliens who are issued immigrant visas 
     or who otherwise acquire the status of aliens lawfully 
     admitted to the United States for permanent residence under 
     section 203(a) or subsection (b)(2) in a fiscal year, exceeds
       ``(ii) 330,000, less the carryforward number of excess 
     admissions for the previous fiscal year (as defined in 
     subparagraph (D)).

     For purposes of this subparagraph, immigrant visa numbers 
     issued under section 553 of the Immigration in the National 
     Interest Act of 1995 (relating to certain transition 
     immigrants) shall not be counted under clause (i).
       ``(C) Net number of excess admissions.--For purposes of 
     subparagraph (A), the `net number of excess admissions' for a 
     fiscal year is--
       ``(i) the excess described in subparagraph (B) for the 
     fiscal year, reduced (but not below zero) by
       ``(ii) the number (if any) by which the worldwide level 
     under subsection (d) for the previous fiscal year exceeds the 
     number of immigrants who are issued immigrant visas or who 
     otherwise acquire the status of aliens lawfully admitted to 
     the United States for permanent residence under section 
     203(b) in that previous fiscal year.
       ``(D) Carryforward number of excess admissions.--For 
     purposes of subparagraph (B)(ii), the carryforward number of 
     excess admissions for a particular fiscal year is the net 
     number of excess admissions for the previous fiscal year (as 
     defined in subparagraph (C)), reduced by the reductions 
     effected under subparagraph (A) and paragraph (5) in visa 
     numbers for the particular fiscal year.
       ``(4) No reduction in number of spouses and children of 
     lawful permanent residents or parents of united states 
     citizens.--
       ``(A) Spouses and children of lawful permanent residents.--
     Any reductions in the worldwide family level for a fiscal 
     year under paragraph (2) or (3) shall not reduce the number 
     of visas available to spouses and children of lawful 
     permanent residents below 85,000.
       ``(B) Parents of united states citizens.--Any reductions in 
     the worldwide family level for a fiscal year under paragraph 
     (2) or (3) shall not reduce the number of visas available to 
     parents of United States citizens below 25,000.
       ``(5) Adjustment in certain employment-based visa numbers 
     in case of remaining excess family admissions.--
       ``(A) In general.--If there is a remaining excess number of 
     family admissions (as described in subparagraph (B)) in a 
     fiscal year (beginning with fiscal year 1997) that is greater 
     than zero, then for the following fiscal year there shall be 
     reductions in immigrant visa numbers made available under 
     subsection (d) and section 203(b)(4) by the lesser of--
       ``(i) the remaining excess number of family admissions 
     (described in subparagraph (B)), or
       ``(ii) \1/2\ of the maximum number of visa numbers that 
     could (but for this paragraph) otherwise be made available 
     under section 203(b)(5) in such following fiscal year.
       ``(B) Remaining excess number of family admissions 
     described.--For purposes of subparagraph (A), the `remaining 
     excess number of family admissions' in a fiscal year is the 
     net number of excess admissions for the fiscal year (as 
     defined in paragraph (3)(C)), reduced by the reduction (if 
     any) effected under paragraph (3) in visa numbers for the 
     succeeding fiscal year.''.

     SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED 
                   IMMIGRANTS.

       Subsection (d) of section 201 (8 U.S.C. 1151) is amended to 
     read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is--
       ``(1) 135,000, minus
       ``(2) beginning with fiscal year 1998, the total of the 
     reductions (if any) in visa numbers under section 
     203(a)(3)(C) made for the fiscal year pursuant to subsection 
     (c)(5) and in visa numbers under this subsection for the 
     fiscal year pursuant to section 203(a)(3)(B)(ii)(II).''.

     SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVERSITY 
                   IMMIGRANTS.

       Subsection (e) of section 201 (8 U.S.C. 1151) is amended to 
     read as follows:
       ``(e) Worldwide Level of Diversity Immigrants.--The 
     worldwide level of diversity immigrants is equal to 27,000 
     for each fiscal year.''.

     SEC. 504. ESTABLISHMENT OF NUMERICAL LIMITATION ON 
                   HUMANITARIAN IMMIGRANTS.

       (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (2),
       (B) by striking the period at the end of paragraph (3) and 
     inserting ``; and'', and
       (C) by adding at the end the following new paragraph:
       ``(4) for fiscal years beginning with fiscal year 1997, 
     humanitarian immigrants described in section 203(e) (or who 
     are admitted under section 211(a) on the basis of a prior 
     issuance of a visa to their accompanying parent under section 
     203(e)) in a number not to exceed in any fiscal year the 
     number specified in subsection (f) for that year, and not to 
     exceed in any of the first 3 quarters of any fiscal year 27 
     percent of the worldwide level under such subsection for all 
     of such fiscal year.''; and
       (2) by adding at the end the following new subsection:
       ``(f) Worldwide Level of Humanitarian Immigrants.--
       ``(1) In general.--Subject to the succeeding provisions of 
     this subsection, the worldwide

[[Page H2425]]

     level of humanitarian immigrants (in this subsection referred 
     to as the `worldwide humanitarian level') under this 
     subsection for a fiscal year is equal to 70,000.
       ``(2) Reduction for humanitarian immigrants who are 
     refugees or asylees.--The worldwide humanitarian level for a 
     fiscal year shall be reduced by the sum of--
       ``(A) 50,000, or, if less, the number of aliens who were 
     admitted as refugees under section 207 in the previous fiscal 
     year, and
       ``(B) the number of aliens who had been granted asylum 
     whose status was adjusted in the previous fiscal year under 
     section 209(b).
       ``(3) Reduction for prior year cancellation of removal and 
     registry.--The worldwide humanitarian level for a fiscal year 
     shall be further reduced by the sum of--
       ``(A) the number of aliens whose removal was canceled and 
     who were provided lawful permanent resident status in the 
     previous fiscal year under section 240A, and
       ``(B) the number of aliens who were provided permanent 
     resident status in the previous fiscal year under section 
     249.
       ``(4) Limitation.--In no case shall the worldwide 
     humanitarian level for a fiscal year (taking into account any 
     reductions under paragraphs (2) and (3)) exceed 10,000.''.
       (b) Transition.--In determining the worldwide humanitarian 
     level under section 201(f) of the Immigration and Nationality 
     Act for fiscal year 1997, the reference in paragraph (3)(A) 
     of such section to `section 240A' is deemed a reference to 
     `section 244(a)'.

     SEC. 505. REQUIRING CONGRESSIONAL REVIEW AND REAUTHORIZATION 
                   OF WORLDWIDE LEVELS EVERY 5 YEARS.

       Section 201 (8 U.S.C. 1151) is further amended by adding at 
     the end the following new subsection:
       ``(g) Requirement for Periodic Review and Reauthorization 
     of Worldwide Levels.--
       ``(1) Congressional review.--The Committees on the 
     Judiciary of the House of Representatives and of the Senate 
     shall undertake during fiscal year 2004 (and each fifth 
     fiscal year thereafter) a thorough review of the appropriate 
     worldwide levels of immigration to be provided under this 
     section during the 5-fiscal-year period beginning with the 
     second subsequent fiscal year.
       ``(2) Congressional reauthorization.--The Congress, after 
     consideration of the reviews under paragraph (1) and by 
     amendment to this section, shall specify the appropriate 
     worldwide levels of immigration to be provided under this 
     section during the 5-fiscal-year period beginning with the 
     second subsequent fiscal year.
       ``(3) Sunset in absence of reauthorization.--The worldwide 
     levels specified under the previous provisions of this 
     section are applicable only to fiscal years 1997 through 
     2005. Immigrant visa numbers for fiscal years after fiscal 
     year 2005 that are subject to such levels are only authorized 
     to the extent provided by amendment under paragraph (2) made 
     to this section.''.
                Subtitle B--Changes in Preference System

     SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO SPOUSES AND 
                   CHILDREN.

       (a) Reclassification.--Section 201(b)(2)(A) (8 U.S.C. 
     1151(b)(2)(A)) is amended--
       (1) in clause (i)--
       (A) by striking ``Immediate relatives.--'' and all that 
     follows through the end of the first sentence and inserting 
     ``An alien who is a spouse or child of a citizen of the 
     United States.'', and
       (B) in the second sentence, by striking ``an immediate 
     relative'' and inserting ``a spouse of a citizen of the 
     United States''; and
       (2) in clause (ii), by striking ``such an immediate 
     relative'' and inserting ``a spouse of a citizen of the 
     United States''.
       (b) Protection of Certain Children from Aging Out of 
     Preference Status.--
       (1) In general.--Section 204 (8 U.S.C. 1154) is amended by 
     adding at the end the following new subsection:
       ``(i) For purposes of applying section 101(b)(1) in the 
     case of issuance of an immigrant visa to, or admission or 
     adjustment of status of, an alien under section 201(b)(2)(A), 
     section 203(a)(1), or 203(e) as a child of a citizen of the 
     United States or a permanent resident alien, the age of the 
     alien shall be determined as of the date of the filing of the 
     classification petition under section 204(a)(1) as such a 
     child of a citizen of the United States or a permanent 
     resident alien.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to immigrant visas issued on or after October 1, 
     1996.

     SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.

       (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is 
     amended by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) Spouses and children of lawful permanent resident 
     aliens.--Immigrants who are the spouses and children of an 
     alien lawfully admitted for permanent residence shall be 
     allocated visas in a number not to exceed 85,000, plus any 
     immigrant visas not used under paragraphs (2) and (3).
       ``(2) Parents of united states citizens.--
       ``(A) In general.--Immigrants who are the parents of an 
     individual who is at least 21 years of age and a citizen of 
     the United States shall be allocated visas in a number, which 
     is not less than 25,000 and does not exceed the lesser of--
       ``(i) 45,000, or
       ``(ii) the number by which the worldwide level exceeds 
     85,000.
       ``(B) Reference to insurance requirement.--For requirement 
     relating to insurance for parents, see section 212(a)(4)(D).
       ``(3) Adult sons and daughters.--
       ``(A) In general.--Immigrants who are the qualifying adult 
     sons or daughters (as defined in subparagraph (C)) of an 
     individual who is (i) at least 21 years of age and (ii) 
     either a citizen of the United States or an alien lawfully 
     admitted for permanent residence shall be allocated visas 
     according to the levels established in subparagraph (B).
       ``(B) Allocation of visas to adult sons and daughters of 
     united states citizens and permanent resident aliens.--
       ``(i) In general.--Subject to clause (ii), any remaining 
     visas shall be allocated under this paragraph in a number not 
     to exceed the lesser of--

       ``(I) 5,000, or
       ``(II) the number by which the worldwide level exceeds the 
     sum of 85,000 and the number of immigrant visas used under 
     paragraph (2).

       ``(ii) Allocation of additional visa numbers.--

       ``(I) In general.--If the demand for visa numbers under 
     this paragraph exceeds the number (if any) available under 
     clause (i) in any fiscal year, an additional number of visas 
     shall be made available under this paragraph, but not to 
     exceed 5,000 additional visas numbers in any fiscal year.
       ``(II) Offsetting reduction in the levels of employment-
     based visas.--If an additional number of visa numbers are 
     made available under subclause (I) in a fiscal year, the 
     number of visas made available under section 201(a)(2) and 
     paragraphs (1) through (6) of subsection (b) in the fiscal 
     year shall be reduced by a number equal to such additional 
     number reduced by the amount (if any) by which 110,000 
     exceeds the number of immigrant visas used under paragraphs 
     (1) and (2) of this subsection in the fiscal year. The 
     reduction under each such paragraph of subsection (b) shall 
     be in the same proportion to the total reduction as the ratio 
     of the numerical limitation under each such paragraph 
     specified under such subsection to the worldwide level of 
     employment-based immigrants (as specified in section 201(d)).

       ``(C) Qualifications.--For purposes of this paragraph, the 
     term `qualifying adult son or daughter' means an immigrant 
     who, as of the date of approval of the classification 
     petition under section 204(a)(1)--
       ``(i) is at least 21, but not more than 25 years of age,
       ``(ii) has never been married,
       ``(iii) is childless, and
       ``(iv) would qualify as a dependent of the petitioning 
     individual for Federal income tax purposes, except that the 
     immigrant does not meet the residence requirements.
       ``(D) Three-year conditional requirement.--
       ``(i) Conditional basis for status.--Notwithstanding any 
     other provision of this Act, an alien provided lawful 
     permanent residence status on the basis of being a qualifying 
     adult son or daughter shall be considered, at the time of 
     obtaining the status of an alien lawfully admitted for 
     permanent residence, to have obtained such status on a 
     conditional basis subject to the provisions of this 
     subparagraph.
       ``(ii) Requirements of notice and petitioning for removal 
     of conditional status.--The Attorney General shall establish, 
     by regulation, procedures which incorporate the requirements 
     of notice and petitioning for removal of conditional status 
     similar to the requirements for removal of conditional status 
     under section 216A.
       ``(iii) Termination of status.--In the case of an alien 
     with permanent resident status on a conditional basis under 
     clause (i), the alien must demonstrate that the alien met the 
     qualifications set forth in subparagraph (C) as of the date 
     of approval of the classification petition under section 
     204(a). In the absence of such a demonstration by the alien, 
     the alien's status shall be terminated.
       ``(iv) Special rule.--In applying section 216A under this 
     subparagraph, any reference to the `second' anniversary in 
     such section is deemed a reference to the `third' 
     anniversary.''.
       (b) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 
     1182(a)(4)), as amended by section 621(a), is amended by 
     adding at the end the following new subparagraph:
       ``(D) Insurance requirements for parents.--
       ``(i) In general.--Any alien who seeks admission as a 
     parent under section 203(a)(2) is inadmissible unless the 
     alien demonstrates at the time of issuance of the visa (and 
     at the time of admission) to the satisfaction of the consular 
     officer and the Attorney General that the alien--

       ``(I) will have coverage under an adequate health insurance 
     policy (at least comparable to coverage provided under the 
     medicare program under title XVIII of the Social Security 
     Act), and
       ``(II) will have coverage with respect to long-term health 
     needs (at least comparable to such coverage provided under 
     the medicaid program under title XIX of such Act for the 
     State in which either the alien intends to reside or in which 
     the petitioner, on behalf of the alien under section 
     204(a)(1), resides),

     throughout the period the individual is residing in the 
     United States.
       ``(ii) Factors to be taken into account.--In making a 
     determination under clause (i), the Attorney General shall 
     take into account the age of the parent and the likelihood of 
     the parent securing health insurance coverage through 
     employment.''.

     SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICATION.

       (a) In General.--Section 203(b) (8 U.S.C. 1153(b)) is 
     amended--
       (1) by redesignating paragraph (6) as paragraph (7);
       (2) by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) Aliens with extraordinary ability.--Visas shall first 
     be made available in a number not to exceed 15,000 of such 
     worldwide level to immigrants--
       ``(A) who have extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose

[[Page H2426]]

     achievements have been recognized in the field through 
     sufficient documentation,
       ``(B) who seek to be admitted into the United States to 
     continue work in the area of extraordinary ability, and
       ``(C) whose admission into the United States will 
     substantially benefit prospectively the United States.
       ``(2) Aliens who are outstanding professors and researchers 
     or multinational executives and managers.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 30,000 of such worldwide level, plus any 
     visas not required for the class specified in paragraph (1), 
     to immigrants who are aliens described in subparagraph (B) or 
     (C).
       ``(B) Outstanding professors and researchers.--An alien is 
     described in this subparagraph if--
       ``(i) the alien is recognized internationally as 
     outstanding in a specific academic area,
       ``(ii) the alien has at least 3 years of experience in 
     teaching or research in the academic area, and
       ``(iii) the alien seeks to enter the United States--

       ``(I) for a tenured position (or tenure-track position) 
     within a university or institution of higher education to 
     teach in the academic area,
       ``(II) for a comparable position with a university or 
     institution of higher education to conduct research in the 
     area, or
       ``(III) for a comparable position to conduct research in 
     the area with a department, division, or institute of a 
     private employer, if the department, division, or institute 
     employs at least 3 persons full-time in research activities 
     and has achieved documented accomplishments in an academic 
     field.

       ``(C) Certain multinational executives and managers.--An 
     alien is described in this subparagraph if the alien, in the 
     3 years preceding the time of the alien's application for 
     classification and admission into the United States under 
     this subparagraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(3) Aliens who are members of the professions holding 
     advanced degrees or aliens of exceptional ability.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 30,000 of such worldwide level, plus any 
     visas not required for the classes specified in paragraphs 
     (1) and (2), to immigrants who are aliens described in 
     subparagraph (B).
       ``(B) Aliens who are members of the professions holding 
     advanced degrees or aliens of exceptional ability.--
       ``(i) In general.--An alien is described in this 
     subparagraph if the alien is a member of a profession holding 
     an advanced degree or its equivalent or who because of 
     exceptional ability in the sciences, arts, or business will 
     substantially benefit prospectively the national economy, 
     cultural or educational interests, or welfare of the United 
     States, and whose services in the sciences, arts, 
     professions, or business are sought by an employer in the 
     United States.
       ``(ii) Determination of exceptional ability.--In 
     determining under clause (i) whether an immigrant has 
     exceptional ability, the possession of a degree, diploma, 
     certificate, or similar award from a college, university, 
     school, or other institution of learning or a license to 
     practice or certification for a particular profession or 
     occupation shall not by itself be considered sufficient 
     evidence of such exceptional ability.
       ``(iii) Labor certification required.--An immigrant visa 
     may not be issued to an immigrant under this subparagraph 
     until the consular officer is in receipt of a determination 
     made by the Secretary of Labor pursuant to the provisions of 
     section 212(a)(5)(A).
       ``(iv) National interest waiver.--The Attorney General may 
     waive the requirement under clause (iii) and the requirement 
     under clause (i) that an alien's services be sought by an 
     employer in the United States only if--

       ``(I) such a waiver is necessary to substantially benefit--

       ``(aa) the national security, national defense, or Federal, 
     State, or local law enforcement;
       ``(bb) health care, housing, or educational opportunities 
     for an indigent or low-income population or in an underserved 
     geographical area;
       ``(cc) economic or employment opportunities for a specific 
     industry or a specific geographical area;
       ``(dd) the development of new technologies; or
       ``(ee) environmental protection or the productive use of 
     natural resources, and

       ``(II) the alien will engage in a specific undertaking to 
     advance one or more of the interests under subclause (I).

       ``(4) Skilled workers and professionals.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 45,000 of such worldwide level, plus any 
     visas not required for the classes specified in paragraphs 
     (1) through (3) to immigrants who are described in 
     subparagraph (B) or (C).
       ``(B) Skilled workers.--An alien described in this 
     subparagraph is an immigrant who is capable, at the time a 
     petition is filed, of performing skilled labor (requiring at 
     least 2 years of training or experience), not of a temporary 
     or seasonal nature, for which qualified workers are not 
     available in the United States, and who has a total of 4 
     years of training or experience (or both) with respect to 
     such labor.
       ``(C) Professionals.--
       ``(i) In general.--An alien described in this subparagraph 
     is an immigrant who holds a baccalaureate degree and is a 
     member of the professions and, subject to clause (ii), has at 
     least 2 years of experience in the profession after the 
     receipt of the degree.
       ``(ii) Special rule for language teachers.--An alien who is 
     a teacher and has (within the previous 5 years) at least 2 
     years of experience teaching a language (other than English) 
     full-time at an accredited elementary or middle school may be 
     classified and admitted as a professional under this 
     subparagraph if the alien is seeking admission to teach such 
     language full-time in an accredited elementary or middle 
     school.
       ``(D) Labor certification required.--An immigrant visa may 
     not be issued to an immigrant under this paragraph until the 
     consular officer is in receipt of a determination made by the 
     Secretary of Labor pursuant to the provisions of section 
     212(a)(5)(A).
       ``(E) Experience requirement.--Any period of experience 
     acquired as a nonimmigrant under section 101(a)(15)(E), 
     101(a)(15)(H)(i), or 101(a)(15)(L) may be used to fulfill a 
     requirement for experience under this paragraph.
       ``(5) Investors in job creation.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 10,000 of such worldwide level less the 
     reduction in visa numbers under this paragraph required to be 
     effected under section 201(c)(5)(A) for the fiscal year 
     involved, to immigrants seeking to enter the United States 
     for the purpose of engaging in a new commercial enterprise--
       ``(i) which the alien has established,
       ``(ii) in which the alien has invested (after the date of 
     the enactment of the Immigration Act of 1990), or is actively 
     in the process of investing, capital in an amount not less 
     $1,000,000, and
       ``(iii) which will benefit the United States economy and 
     create full-time employment for not fewer than 10 United 
     States citizens or aliens lawfully admitted for permanent 
     residence or other immigrants lawfully authorized to be 
     employed in the United States (other than the immigrant and 
     the immigrant's spouse, sons, or daughters).
       ``(B) Pilot program.--For each of fiscal years 1997 and 
     1998, up to 2,000 visas otherwise made available under this 
     paragraph shall be made available to immigrants who would be 
     described in subparagraph (A) if `$500,000' were substituted 
     for `$1,000,000' in subparagraph (A)(ii) and if `for not 
     fewer than 5' were substituted for `for not fewer than 10' in 
     subparagraph (A)(iii). By not later than April 1, 1998, the 
     Attorney General shall submit to Congress a report on the 
     operation of this subparagraph and shall include in the 
     report information describing the immigrants admitted under 
     this paragraph and the enterprises they invest in and a 
     recommendation on whether the pilot program under this 
     subparagraph should be continued or modified.
       ``(6) Certain special immigrants.--Visas shall be made 
     available, in a number not to exceed 5,000 of such worldwide 
     level, to qualified special immigrants described in section 
     101(a)(27) (other than those described in subparagraph (A) 
     thereof), of which not more than 4,000 may be made available 
     in any fiscal year to special immigrants described in 
     subclause (II) or (III) of section 101(a)(27)(C)(ii).''; and
       (3) by adding at the end the following new paragraph:
       ``(8) Not counting work experience as an unauthorized 
     alien.--For purposes of this subsection, work experience 
     obtained in employment in the United States with respect to 
     which the alien was an unauthorized alien (as defined in 
     section 274A(h)(3)) shall not be taken into account.''.
       (b) Conditional Status for Certain Foreign Language 
     Teachers.--
       (1) In general.--Title II is amended by inserting after 
     section 216A the following new section:

 ``conditional permanent resident status for certain foreign language 
                                teachers

       ``Sec. 216B. (a) In General.--Subject to the succeeding 
     provisions of this section, section 216A shall apply to an 
     alien foreign language teacher (as defined in subsection 
     (d)(1)) and to an alien spouse or alien child (as defined in 
     subsection (d)(2)) in the same manner as such section applies 
     to an alien entrepreneur and an alien spouse or alien child.
       ``(b) Timing for Petition.--
       ``(1) In general.--In applying section 216A under 
     subsection (a), any reference to a `second anniversary of an 
     alien's lawful admission for permanent residence' is deemed a 
     reference to the end of the time period described in 
     paragraph (2).
       ``(2) Time period for determination.--The time period 
     described in this paragraph is 5 years less the period of 
     experience, during the 5-year period ending on the date the 
     alien foreign language teacher obtains permanent resident 
     status, of teaching a language (other than English) full-time 
     at an accredited elementary or middle school.
       ``(c) Requirement for Total of 5 Years' Teaching 
     Experience.--In applying section 216A under subsection (a), 
     the determination of the Attorney General under section 
     216A(b)(1) shall be whether (and the facts and information 
     under section 216A(d)(1) shall demonstrate that) the alien 
     has been employed on a substantially full-time basis as a 
     foreign language teacher at an accredited elementary or 
     middle school in the United States during the period since 
     obtaining permanent residence status (instead of the 
     determinations described in section 216A(b)(1) and of the 
     facts and information described in section 216A(d)(1)).
       ``(d) Definitions.--In this section:
       ``(1) The term `alien foreign language teacher' means an 
     alien who obtains the status of an alien lawfully admitted 
     for permanent residence (whether on a conditional basis or 
     otherwise) under section 203(b)(4)(C)(ii) on the basis of 
     less than 5 years' teaching experience.
       ``(2) The term `alien spouse' and the term `alien child' 
     mean an alien who obtains the status of an alien lawfully 
     admitted for permanent residence (whether on a conditional 
     basis or

[[Page H2427]]

     otherwise) by virtue of being the spouse or child, 
     respectively, of an alien foreign language teacher.''.
       (2) Clerical amendment.--The table of contents is amended 
     by inserting after the item relating to section 216A the 
     following:

``Sec. 216B. Conditional permanent resident status for certain foreign 
              language teachers.''.

     SEC. 514. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.

       (a) Application Only to 10 Countries with Highest 
     Registrants.--Section 203(c) (8 U.S.C. 1153(c)) is amended--
       (1) in paragraph (1)(B)(ii), by striking ``and'' at the end 
     of subclause (I), by striking the period at the end of 
     subclause (II) and inserting ``, and'', and by adding at the 
     end the following new subclause:

       ``(III) within each region, the 10 foreign states which had 
     the highest number of registrants for the diversity immigrant 
     program under this subsection for the period beginning 
     October 1, 1994, and ending September 30, 1996, and which are 
     not high-admission states.''; and

       (2) by adding at the end of paragraph (1)(E) the following 
     new clause:
       ``(vi) Ten states eligible in each region.--Only natives of 
     the 10 states identified for each region in subparagraph 
     (B)(ii)(III) are eligible for diversity visas.''.
       (b) Change in Definition of Region.--Section 203(c)(1)(F) 
     (8 U.S.C. 1153(c)(1)(F)) is amended--
       (1) by striking ``Northern Ireland shall be treated as a 
     separate foreign state,'',
       (2) by striking the comma after ``foreign state'',
       (3) in clause (iv), by striking ``(other than Mexico)'',
       (4) in clause (vi), by striking ``Mexico,''.
       (c) Establishing Job Offer Requirement.--Paragraph (2) of 
     section 203(c) (8 U.S.C. 1153(c)) is amended to read as 
     follows:
       ``(2) Requirement of job offer and education or skilled 
     worker.--An alien is not eligible for a visa under this 
     subsection unless the alien--
       ``(A) has a job offer in the United States which has been 
     verified;
       ``(B) has at least a high school education or its 
     equivalent; and
       ``(C) has at least 2 years of work experience in an 
     occupation which requires at least 2 years of training.''.
       (d) Additional Provisions.--Section 203(c) (8 U.S.C. 1153) 
     is further amended by adding at the end the following new 
     paragraphs:
       ``(4) Fees.--Fees for the furnishing and verification of 
     applications for visas under this subsection and for the 
     issuance of visas under this subsection may be prescribed by 
     the Secretary of State in such amounts as are adequate to 
     compensate the Department of State for the costs of 
     administering the diversity immigrant program. Any such fees 
     collected may be deposited as an offsetting collection to the 
     appropriate Department of State appropriation to recover the 
     costs of such program and shall remain available for 
     obligation until expended.
       ``(5) Ineligibility of aliens unlawfully present in the 
     united states.--An alien who is unlawfully present in the 
     United States at the time of filing of an application, within 
     5 years prior to the filing of such application, or at any 
     time subsequent to the filing of the application is 
     ineligible for a visa under this subsection.''.

     SEC. 515. AUTHORIZATION TO REQUIRE PERIODIC CONFIRMATION OF 
                   CLASSIFICATION PETITIONS.

       (a) In General.--Section 204(b) (8 U.S.C. 1154(b)) is 
     amended by inserting ``(1)'' after ``(b)'' and by adding at 
     the end the following new paragraph:
       ``(2)(A) The Attorney General may provide that a petition 
     approved with respect to an alien (and the priority date 
     established with respect to the petition) shall expire after 
     a period (specified by the Attorney General and of not less 
     than 2 years) following the date of approval of the petition, 
     unless the petitioner files with the Attorney General a form 
     described in subparagraph (B).
       ``(B) The Attorney General shall specify the form to be 
     used under this paragraph. Such form shall be designed--
       ``(i) to reconfirm the continued intention of the 
     petitioner to seek admission of the alien based on the 
     classification involved, and
       ``(ii) as may be provided by the Attorney General, to 
     update the contents of the original classification petition.
       ``(C) The Attorney General may apply subparagraph (A) to 
     one or more classes of classification petitions and for 
     different periods of time for different classes of such 
     petitions, as specified by the Attorney General.''.
       (b) Effective Date.--(1) Except as provided in paragraph 
     (2), the amendments made by subsection (a) shall not apply to 
     classification petitions filed before October 1, 1996.
       (2) The Attorney General may apply such amendments to such 
     classification petitions, but only in a manner so that no 
     such petition expires under such amendments before October 1, 
     2000.

     SEC. 516. CHANGES IN SPECIAL IMMIGRANT STATUS.

       (a) Repealing Certain Obsolete Provisions.--Section 
     101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by striking 
     subparagraphs (B), (E), (F), (G), and (H).
       (b) Special Immigrant Status for Certain NATO Civilian 
     Employees.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is 
     further amended--
       (1) by striking ``or'' at the end of subparagraph (J),
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; or'', and
       (3) by adding at the end the following new subparagraph:
       ``(L) an immigrant who would be described in clause (i), 
     (ii), (iii), or (iv) of subparagraph (I) if any reference in 
     such a clause--
       ``(i) to an international organization described in 
     paragraph (15)(G)(i) were treated as a reference to the North 
     American Treaty Organization (NATO);
       ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
     treated as a reference to a nonimmigrant classifiable under 
     NATO-6 (as a member of a civilian component accompanying a 
     force entering in accordance with the provisions of the NATO 
     Status-of-Forces Agreement, a member of a civilian component 
     attached to or employed by an Allied Headquarters under the 
     `Protocol on the Status of International Military 
     Headquarters' set up pursuant to the North Atlantic Treaty, 
     or as a dependent); and
       ``(iii) to the Immigration Technical Corrections Act of 
     1988 or to the Immigration and Nationality Technical 
     Corrections Act of 1994 were a reference to the Immigration 
     in the National Interest Act of 1995.''.
       (c) Conforming Nonimmigrant Status for Certain Parents of 
     Special Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 
     1101(a)(15)(N)) is amended--
       (1) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)(i)'', and
       (2) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)''.
       (d) Extension of Sunset for Religious Workers.--Section 
     101(a)(27)(C)(ii) (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by 
     striking ``1997'' and inserting ``2005'' each place it 
     appears.
       (e) Additional Conforming Amendments.--
       (1) Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is 
     amended by striking ``or (B)''.
       (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 
     striking ``or (B)''.
       (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as 
     redesignated by section 851(a)(3)(A), is amended by striking 
     ``, who has not otherwise been accorded status under section 
     101(a)(27)(H),''.
       (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by 
     striking ``101(a)(27)(H), (I),'' and inserting 
     ``101(a)(27)(I),''.
       (f) Effective Dates.--(1) Except as provided in this 
     section, the amendments made by this section shall take 
     effect on the date of the enactment of this Act.
       (2) The amendments made by subsection (a) shall not apply 
     to any alien with respect to whom an application for special 
     immigrant status under a subparagraph repealed by such 
     amendments has been filed by not later than September 30, 
     1996.

     SEC. 517. REQUIREMENTS FOR REMOVAL OF CONDITIONAL STATUS OF 
                   ENTREPRENEURS.

       (a) In General.--Section 216A(b) (8 U.S.C. 1186b(b)) is 
     amended--
       (1) by amending clause (ii) of paragraph (1)(B) to read as 
     follows:
       ``(ii) subject to paragraph (3), the alien did not invest 
     (and maintain investment of) the requisite capital, or did 
     not employ the requisite number of employees, throughout 
     substantially the entire period since the alien's admission; 
     or'', and
       (2) by adding at the end the following new paragraph:
       ``(3) Exceptions.--
       ``(A) Good faith exception.--Paragraph (1)(B)(ii) shall not 
     apply to an alien to the extent that the alien continues to 
     attempt in good faith throughout the period since admission 
     to invest (and maintain investment of) the requisite capital, 
     and to employ the requisite number of employees, but was 
     unable to do so due to circumstances for which the alien 
     should not justly be held responsible.
       ``(B) Extension.--In the case of an alien to whom the 
     exception under subparagraph (A) applies, the application 
     period under subsection (d)(2) (and period for termination 
     under paragraph (1)) shall be extended (for up to 3 
     additional years) by such additional period as may be 
     necessary to enable the alien to have had the requisite 
     capital and number of employees throughout a 2-year period. 
     Such extension shall terminate at any time at which the 
     Attorney General finds that the alien has not continued to 
     attempt in good faith to invest such capital and employ such 
     employees.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to aliens admitted on or after the date of the 
     enactment of this Act.

     SEC. 518. ADULT DISABLED CHILDREN.

       Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
       (1) in subparagraph (E) by striking ``or'' at the end,
       (2) in subparagraph (F) by striking the period at the end 
     and inserting ``; or'', and
       (3) by adding at the end the following new subparagraph:
       ``(G) a child of a citizen or national of the United States 
     or lawful permanent resident alien, regardless of age, who 
     has never been married, and who has a severe mental or 
     physical impairment, or combination of mental or physical 
     impairments, which--
       ``(i) is likely to continue indefinitely; and
       ``(ii) causes substantially total inability to perform 
     functions necessary for independent living, including but not 
     necessarily limited to 3 or more of the following areas of 
     major life activity--
       ``(I) self-care,
       ``(II) interpersonal communication,
       ``(III) learning,
       ``(IV) mobility, and
       ``(V) self-direction:

     Provided, That no child may be considered to be a child 
     within the meaning of this subparagraph on the basis, in 
     whole or in part, of any physical or mental impairment that 
     is not being ameliorated through medical treatment to the 
     maximum extent reasonably possible given the ability and 
     resources of such child and the citizen, national, or lawful 
     permanent resident alien who is the child's parent.''.

[[Page H2428]]

     SEC. 519. MISCELLANEOUS CONFORMING AMENDMENTS.

       (a) Conforming Amendments Relating to Immediate 
     Relatives.--
       (1) Section 101(b)(1)(F) (8 U.S.C. 1101(b)(1)(F)) is 
     amended by striking ``as an immediate relative under section 
     201(b)'' and inserting ``as a child of a citizen of the 
     United States''.
       (2) Section 204 (8 U.S.C. 1154) is amended--
       (A) in subsection (a)(1)(A)(i), by striking ``to an 
     immediate relative status'' and inserting ``to status as the 
     spouse or child of a citizen of the United States'';
       (B) in subsection (a)(1)(A)(iii), by striking ``as an 
     immediate relative'' and inserting ``as the spouse of a 
     citizen of the United States'';
       (C) in subsection (a)(1)(iv), by striking ``as an immediate 
     relative'' and inserting ``as a child of a citizen of the 
     United States'';
       (D) in subsection (b), by striking ``an immediate relative 
     specified in section 201(b)'' and inserting ``a spouse or 
     child of a citizen of the United States under section 
     201(b)'';
       (E) in subsection (c), by striking ``an immediate relative 
     or preference'' and inserting ``a preferential'';
       (F) in subsection (e)--
       (i) by striking ``an immediate relative'' and inserting ``a 
     spouse or child of a citizen of the United States'', and
       (ii) by striking ``his'' and ``he'' and inserting ``the 
     alien's'' and ``the alien'', respectively; and
       (G) in subsection (g), by striking ``immediate relative 
     status'' and inserting ``status as a spouse or child of a 
     citizen of the United States or other''.
       (3) Section 212(a)(6)(E)(ii) (8 U.S.C. 1182(a)(6)(E)(ii)) 
     is amended by striking ``an immediate relative'' and 
     inserting ``a spouse, child, or parent of a citizen of the 
     United States''.
       (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by 
     striking ``an immediate relative'' and inserting ``a spouse 
     or child of a citizen of the United States''.
       (5) Section 216(g)(1)(A) (8 U.S.C. 1186a(g)(1)(A)) is 
     amended by striking ``an immediate relative (described in 
     section 201(b)) as the spouse of a citizen of the United 
     States'' and inserting ``the spouse of a citizen of the 
     United States (described in section 201(b))''.
       (6) Section 221(a) (8 U.S.C. 1201(a)) is amended by 
     striking ``, immediate relative,''.
       (7)(A) Section 224 (8 U.S.C. 1204) is amended--
       (i) by amending the heading to read as follows:


 ``visas for spouses and children of citizens and special immigrants'',

       (ii) by striking ``immediate relative'' the first place it 
     appears and inserting ``a spouse or child of a citizen of the 
     United States'', and
       (iii) by striking ``immediate relative status'' and 
     inserting ``status or status as a spouse or child of a 
     citizen of the United States''.
       (B) The item in the table of contents relating to section 
     224 is amended to read as follows:

``Sec. 224.  Visas for spouses and children of citizens and special 
              immigrants.''.

       (8) Subsection (a)(1)(E)(ii) of section 241 (8 U.S.C. 
     1251), before redesignation as section 237 by section 
     305(a)(2), is amended by striking ``an immediate relative'' 
     and inserting ``a spouse, child, or parent of a citizen of 
     the United States under section 201(b) or 203(a)(2)''.
       (9) Section 245(c) (8 U.S.C. 1255(c)) is amended by 
     striking ``an immediate relative as defined in section 
     201(b)'' and inserting ``a spouse or child of a citizen of 
     the United States under section 201(b) or a parent of a 
     citizen under section 203(a)(2)'' each place it appears.
       (10) Section 291 (8 U.S.C. 1361) is amended by striking 
     ``immigrant, special immigrant, immediate relative'' and 
     inserting ``immigrant status, special immigrant status, 
     status as a spouse or child of a citizen of the United 
     States''.
       (11) Section 401 of the Immigration Reform and Control Act 
     of 1986 is amended by striking ``immediate relatives'' and 
     inserting ``spouses and children of citizens''.
       (b) Conforming Amendments for Other Family-Sponsored 
     Immigrants.--
       (1) Petitioning requirements.--Section 204 (8 U.S.C. 1154) 
     is amended--
       (A) in subsection (a)(1)(A)(i), by striking ``paragraph 
     (1), (3), or (4)'' and inserting ``paragraph (2) or (3)'';
       (B) in subsection (a)(1)(B)(i), by striking ``section 
     203(a)(2)'' and inserting ``paragraph (1) or (3) of section 
     203(a)(1)'';
       (C) in clauses (ii) and (iii) of subsection (a)(1)(B), by 
     striking ``203(a)(2)(A)'' and inserting ``203(a)(1)''; and
       (D) in subsection (f)(1), by striking ``, 203(a)(1), or 
     203(a)(3)'' and inserting ``or 203(a)(2)''.
       (2) Application of per country levels.--Section 202 (8 
     U.S.C. 1152) is amended--
       (A) by amending paragraph (4) of subsection (a) to read as 
     follows:
       ``(4) Special rules for spouses and children of lawful 
     permanent resident aliens.--
       ``(A) 75 percent of 1st preference not subject to per 
     country limitation.--Of the visa numbers made available under 
     section 203(a) to immigrants described in paragraph (1) of 
     that section in any fiscal year, 63,750 shall be issued 
     without regard to the numerical limitation under paragraph 
     (2).
       ``(B) Limiting pass down for certain countries subject to 
     subsection (e).--In the case of a foreign state or dependent 
     area to which subsection (e) applies, if the total number of 
     visas issued under section 203(a)(1) exceeds the maximum 
     number of visas that may be made available to immigrants of 
     the state or area under such section consistent with 
     subsection (e) (determined without regard to this paragraph), 
     in applying paragraph (2) of section 203(a) under subsection 
     (e)(2) all visas shall be deemed to have been required for 
     the classes specified in paragraph (1) of such section.''; 
     and
       (B) in subsection (e)--
       (i) in paragraph (1), by inserting before the semicolon the 
     following: ``(determined without regard to subsections (c)(4) 
     and (d)(2) of section 201)'',
       (ii) in paragraph (2), by striking ``paragraphs (1) through 
     (4)'' and inserting ``paragraphs (1) and (2)'', and
       (iii) in the last sentence, by striking ``203(a)(2)(A)'' 
     and inserting ``203(a)(1)''.
       (3) Additional conforming amendments.--
       (A) Subsection (d) of section 203 (8 U.S.C. 1153), before 
     redesignation by section 524(a)(1), is amended by striking 
     ``(a)'' and inserting ``(a)(2)''.
       (B) Section 212(a)(6)(E)(ii) (8 U.S.C. 1182(a)(6)(E)(ii)) 
     and subsection (a)(1)(E)(ii) of section 241 (8 U.S.C. 1251)), 
     before redesignation as section 237 under section 305(a)(2), 
     are each amended by striking ``203(a)(2)'' and inserting 
     ``203(a)(1)''.
       (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by 
     striking ``immigrant under section 203(a) (other than 
     paragraph (4) thereof)'' and inserting ``an immigrant under 
     section 203(a)''.
       (D) Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) is 
     amended by striking ``203(a)(2)'' and inserting 
     ``203(a)(1)''.
       (E) Section 2(c) of the Virgin Islands Nonimmigrant Alien 
     Adjustment Act of 1982 (Public Law 97-271) is amended--
       (i) in paragraph (2), by inserting ``or first or third 
     family preference petitions'' after ``second preference 
     petitions'';
       (ii) in paragraph (3)(A), by striking ``or'' at the end;
       (iii) in paragraph (3)(B), by striking the period at the 
     end and inserting ``; or'';
       (iv) by adding at the end of paragraph (3) the following 
     new subparagraph:
       ``(C) by virtue of a first or third family preference 
     petition filed by an individual who was admitted to the 
     United States as an immigrant by virtue of a second family 
     preference petition filed by the son or daughter of the 
     individual, if that son or daughter had his or her status 
     adjusted under this section.''; and
       (v) in paragraph (4), by striking ``on or after such 
     date).'' and inserting the following: ``on or after such date 
     and before October 1, 1996). For purposes of this subsection, 
     the terms `first family preference petition', `second family 
     preference petition', and `third family preference petition' 
     mean, in the case of an alien, a petition filed under section 
     204(a) of the Act to grant preference status to the alien by 
     reason of the relationship described in section 203(a)(1), 
     203(a)(2), or 203(a)(3), respectively (as in effect on and 
     after October 1, 1996).''.
       (c) Conforming Amendments Relating to Employment-Based 
     Immigrants.--
       (1) Treatment of special k immigrants.--Subparagraph (B) of 
     section 203(b)(7) (8 U.S.C. 1153(b)(7)), as redesignated by 
     section 513(a)(1), is amended--
       (A) in clause (i), by striking ``and (3) shall each be 
     reduced by \1/3\'' and inserting ``(3), and (4) shall each be 
     reduced by the same proportion, as the proportion (of the 
     visa numbers made available under all such paragraphs) that 
     were made available under each respective paragraph,'', and
       (B) in clause (iii), by striking ``(3) of this subsection 
     in the fiscal year shall be reduced by \1/3\'' and inserting 
     ``(4) in the fiscal year reduced by the same proportion, as 
     the proportion (of the visa numbers made available under all 
     such paragraphs to natives of the foreign state) that were 
     made available under each respective paragraph to such 
     natives,''.
       (2) Conforming amendments relating to petitioning rights.--
     Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--
       (A) in subparagraph (C), by striking ``203(b)(1)(A)'' and 
     inserting ``203(b)(1)'';
       (B) in subparagraph (D), by striking ``section 
     203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)'' and 
     inserting ``section 203(b)(2), 203(b)(3), or 203(b)(4)'';
       (C) in subparagraph (E)(i), by striking ``203(b)(4)'' and 
     inserting ``203(b)(6)''; and
       (D) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (E), respectively, and by moving 
     subparagraph (E) (as so redesignated) to precede subparagraph 
     (F) (as so redesignated).
       (3) Ground for inadmissibility.--Section 212(a)(5)(C) (8 
     U.S.C. 1182(a)(5)(C)) is amended by striking ``(2) or (3)'' 
     and inserting ``(3) or (4)''.
       (4) Other conforming amendments.--
       (A) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is amended by 
     striking ``through (5)'' and inserting ``through (6)''.
       (B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)), as added by 
     section 130003(c)(1) Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) and as 
     redesignated by section 851(a)(3)(A) of this Act, is amended 
     by striking ``203(b)(4)'' and inserting ``203(b)(6)''.
       (C) Section 154(b)(1)(B)(i) of the Immigration Act of 1990 
     is amended by striking ``1991)'' and inserting ``1991, and 
     before October 1, 1996) or under section 203(a), 203(b)(1), 
     or 203(b)(2) (as in effect on and after October 1, 1996)''.
       (D) Section 206(a) of the Immigration Act of 1990 is 
     amended by striking ``203(b)(1)(C)'' and inserting 
     ``203(b)(2)(C)''.
       (E) Section 2(d)(2)(A) of the Chinese Student Protection 
     Act of 1992 (Public Law 102-404) is amended by striking 
     ``203(b)(3)(A)(i)'' and inserting ``203(b)(4)(B)''.
       (F) The Soviet Scientists Immigration Act of 1992 (Public 
     Law 102-509) is amended--
       (i) in sections 3 and 4(a), by striking ``203(b)(2)(A) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1153(b)(2)(A))'' and inserting ``203(b)(3)(B)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1153(b)(3)(B)(i))'', and
       (ii) in section 4(c), by striking ``203(b)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A))'' 
     and inserting ``203(b)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)(2))''.
       (d) Repeal of Certain Outdated Provisions.--The following 
     provisions of law are repealed:

[[Page H2429]]

       (1) Section 9 of Public Law 94-571 (90 Stat. 2707).
       (2) Section 19 of Public Law 97-116 (95 Stat. 1621).
       Subtitle C--Refugees, Parole, and Humanitarian Admissions

     SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

       (a) In General.--Paragraphs (1) and (2) of section 207(a) 
     (8 U.S.C. 1157(a)) are amended to read as follows:
       ``(1) Except as provided in paragraph (2) and subsection 
     (b), the number of refugees who may be admitted under this 
     section in any fiscal year shall be such number as the 
     President determines, before the beginning of the fiscal year 
     and after appropriate consultation, is justified by 
     humanitarian concerns or is otherwise in the national 
     interest.
       ``(2)(A) Except as provided in subparagraph (B), the number 
     determined under paragraph (1) for a fiscal year may not 
     exceed--
       ``(i) 75,000 in the case of fiscal year 1997, or
       ``(ii) 50,000 in the case of any succeeding fiscal year.
       ``(B) The number determined under paragraph (1) for a 
     fiscal year may exceed the limit specified under subparagraph 
     (A) if Congress enacts a law providing for a higher 
     number.''.
       (b) Admissions in Emergency Refugee Situations and Timing 
     of the Refugee Consultation Process.--
       (1) Section 207(b) (8 U.S.C. 1157(b)) and section 
     207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are amended by striking 
     ``unforeseen''.
       (2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by 
     striking ``Before the start of each fiscal year'' and 
     inserting ``Before June 1 of the preceding fiscal year''.
       (3) Section 207(e) (8 U.S.C. 1157(e)) is amended by adding 
     at the end the following:

     ``Such discussions shall occur before July 1 of the fiscal 
     year preceding the fiscal year of admissions, except that 
     discussions relating to an emergency refugee situation shall 
     occur not more than 30 days after the President proposes 
     admissions in response to the emergency.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply beginning with fiscal year 1997.

     SEC. 522. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION 
                   CONTROL METHODS.

       (a) Definition of Refugee.--Section 101(a)(42) (8 U.S.C. 
     1101(a)(42)) is amended by adding at the end the following: 
     ``For purposes of determinations under this Act, a person who 
     has been forced to abort a pregnancy or to undergo 
     involuntary sterilization, or who has been persecuted for 
     failure or refusal to undergo such a procedure or for other 
     resistance to a coercive population control program, shall be 
     deemed to have been persecuted on account of political 
     opinion, and a person who has a well founded fear that he or 
     she will be forced to undergo such a procedure or subject to 
     persecution for such failure, refusal, or resistance shall be 
     deemed to have a well founded fear of persecution on account 
     of political opinion.''.
       (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 
     1157(a)), as amended by section 532(b), is amended by adding 
     at the end the following new paragraph:
       ``(4) For any fiscal year, not more than a total of 1,000 
     refugees may be admitted under this subsection or granted 
     asylum under section 208 pursuant to a determination under 
     the last sentence of section 101(a)(42) (relating to 
     persecution for resistance to coercive population control 
     methods).''.

     SEC. 523. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE BASIS FOR 
                   HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC 
                   BENEFIT.

       (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 
     1182(d)) is amended to read as follows:
       ``(5)(A) Subject to the provisions of this paragraph and 
     section 214(f)(2), the Attorney General, in the sole 
     discretion of the Attorney General, may on a case-by-case 
     basis parole an alien into the United States temporarily, 
     under such conditions as the Attorney General may prescribe, 
     only--
       ``(i) for an urgent humanitarian reason (as described under 
     subparagraph (B)); or
       ``(ii) for a reason deemed strictly in the public interest 
     (as described under subparagraph (C)).
       ``(B) The Attorney General may parole an alien based on an 
     urgent humanitarian reason described in this subparagraph 
     only if--
       ``(i) the alien has a medical emergency and the alien 
     cannot obtain necessary treatment in the foreign state in 
     which the alien is residing or the medical emergency is life-
     threatening and there is insufficient time for the alien to 
     be admitted through the normal visa process;
       ``(ii) the alien is needed in the United States in order to 
     donate an organ or other tissue for transplant into a close 
     family member; or
       ``(iii) the alien has a close family member in the United 
     States whose death is imminent and the alien could not arrive 
     in the United States in time to see such family member alive 
     if the alien were to be admitted through the normal visa 
     process.
       ``(C) The Attorney General may parole an alien based on a 
     reason deemed strictly in the public interest described in 
     this subparagraph only if--
       ``(i) the alien has assisted the United States Government 
     in a matter, such as a criminal investigation, espionage, or 
     other similar law enforcement activity, and either the 
     alien's presence in the United States is required by the 
     Government or the alien's life would be threatened if the 
     alien were not permitted to come to the United States; or
       ``(ii) the alien is to be prosecuted in the United States 
     for a crime.
       ``(D) The Attorney General may not use the parole authority 
     under this paragraph to permit to come to the United States 
     aliens who have applied for and have been found to be 
     ineligible for refugee status or any alien to whom the 
     provisions of this paragraph do not apply.
       ``(E) Parole of an alien under this paragraph shall not be 
     considered an admission of the alien into the United states. 
     When the purposes of the parole of an alien have been served, 
     as determined by the Attorney General, the alien shall 
     immediately return or be returned to the custody from which 
     the alien was paroled and the alien shall be considered for 
     admission to the United States on the same basis as other 
     similarly situated applicants for admission.
       ``(F) Not later than 90 days after the end of each fiscal 
     year, the Attorney General shall submit a report to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate describing the number and categories of aliens 
     paroled into the United States under this paragraph. Each 
     such report shall contain information and data concerning the 
     number and categories of aliens paroled, the duration of 
     parole, and the current status of aliens paroled during the 
     preceding fiscal year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to individuals paroled into the United States on 
     or after the first day of the first month beginning more than 
     60 days after the date of the enactment of this Act.

     SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.

       (a) In General.--Section 203 (8 U.S.C. 1153) is amended--
       (1) by redesignating subsections (d) through (g) as 
     subsections (e) through (h), respectively, and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Humanitarian Immigrants.--
       ``(1) In general.--Aliens subject to the worldwide 
     humanitarian level specified in section 201(e) shall be 
     allotted visas only if the aliens have been selected by the 
     Attorney General under paragraph (2) as of special 
     humanitarian concern to the United States.
       ``(2) Selection of immigrants.--
       ``(A) In general.--The Attorney General shall, on a case-
     by-case basis and based on humanitarian concerns and the 
     public interest, select aliens for purposes of this 
     subsection.
       ``(B) Restriction.--The Attorney General may not select an 
     alien under this paragraph if the alien is a refugee (within 
     the meaning of section 101(a)(42)) unless the Attorney 
     General determines that compelling reasons in the public 
     interest with respect to that particular alien require that 
     the alien be admitted into the United States as a 
     humanitarian immigrant under this subsection rather than as a 
     refugee under section 207.
       ``(3) Annual report.--Not later than 90 days after the end 
     of each fiscal year, the Attorney General shall submit to the 
     Committees on the Judiciary of the House of Representatives 
     and of the Senate a report describing the number of immigrant 
     visas issued under this subsection and the individuals to 
     whom the visas were issued.''.
       (b) Petitioning.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(I) Any alien desiring to be provided an immigrant visa 
     under section 203(d) may file a petition with the Attorney 
     General for such classification, but only if the Attorney 
     General has identified the alien as possibly qualifying for 
     such a visa.''.
       (c) Order of Consideration.--Subsection (f) of section 203 
     (8 U.S.C. 1153), as redesignated by subsection (a)(1), is 
     amended by redesignating paragraph (3) as paragraph (4) and 
     by inserting after paragraph (2) the following new paragraph:
       ``(3) Immigrant visa numbers made available under 
     subsection (d) (relating to humanitarian immigrants) shall be 
     issued to eligible immigrants in an order specified by the 
     Attorney General.''.
       (d) Application of Per Country Numerical Limitations.--
     Section 202(a) (8 U.S.C. 1152(a)) is amended by adding at the 
     end the following new paragraph:
       ``(5) Per country levels for humanitarian immigrants.--The 
     total number of immigrant visas made available to natives of 
     any single foreign state or dependent area under section 
     203(d) in any fiscal year may not exceed 50 percent (in the 
     case of a single foreign state) or 15 percent (in the case of 
     a dependent area) of the total number of such visas made 
     available under such subsection in that fiscal year.''.
       (e) Waiver of Certain Grounds of Inadmissibility.--Section 
     212(a) (8 U.S.C. 1182(a)) is amended--
       (1) in paragraph (4), as amended by sections 621(a) and 
     512(b), by adding at the end the following new subparagraph:
       ``(E) Waiver authorized for humanitarian immigrants.--The 
     Attorney General, in the discretion of the Attorney General, 
     may waive the ground of inadmissibility under subparagraph 
     (A) in the case of an alien seeking admission as a 
     humanitarian immigrant under section 203(d).'';
       (2) in paragraph (5)(C), by inserting before the period at 
     the end the following: ``, and shall not apply to immigrants 
     seeking admissions as humanitarian immigrants under section 
     203(d)''; and
       (3) in paragraph (7)(A), by redesignating clause (ii) as 
     clause (iii) and by inserting after clause (i) the following 
     new clause:
       ``(ii) Waiver authorized for humanitarian immigrants.--The 
     Attorney General, in the discretion of the Attorney General, 
     may waive the ground of inadmissibility under clause (i) in 
     the case of an alien seeking admission as a humanitarian 
     immigrant under section 203(d).''.
       (f) Conforming Amendment.--Section 216(g)(1) (8 U.S.C. 
     1186a(g)(1)) is amended by striking ``203(d)'' and inserting 
     ``203(e)''.

[[Page H2430]]

                       Subtitle D--Asylum Reform

     SEC. 531. ASYLUM REFORM.

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


                                ``asylum

       ``Sec. 208. (a) Authority To Apply for Asylum.--
       ``(1) In general.--Any alien who is physically present in 
     the United States or who arrives in the United States 
     (whether or not at a designated port of arrival), 
     irrespective of such alien's status, may apply for asylum in 
     accordance with this section.
       ``(2) Exceptions.--
       ``(A) Safe third country.--Paragraph (1) shall not apply to 
     an alien if the Attorney General determines that the alien 
     may be removed, including pursuant to a bilateral or 
     multilateral agreement, to a country (other than the country 
     of the alien's nationality or, in the case of an alien having 
     no nationality, the country of the alien's last habitual 
     residence) in which the alien's life or freedom would not be 
     threatened on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion, and where the alien would have access to a full and 
     fair procedure for determining a claim to asylum or 
     equivalent temporary protection, unless the Attorney General 
     finds that it is in the public interest for the alien to 
     receive asylum in the United States.
       ``(B) Time limit.--Paragraph (1) shall not apply to an 
     alien unless the alien demonstrates by clear and convincing 
     evidence that the application has been filed within 30 days 
     after the alien's arrival in the United States.
       ``(C) Previous asylum applications.--Paragraph (1) shall 
     not apply to an alien if the alien has previously applied for 
     asylum and had such application denied.
       ``(D) Changed conditions.--An application for asylum of an 
     alien may be considered, notwithstanding subparagraphs (B) 
     and (C), if the alien demonstrates to the satisfaction of the 
     Attorney General the existence of fundamentally changed 
     circumstances which affect the applicant's eligibility for 
     asylum.
       ``(3) Limitation on judicial review.--No court shall have 
     jurisdiction to review a determination of the Attorney 
     General under paragraph (2).
       ``(b) Conditions for Granting Asylum.--
       ``(1) In general.--The Attorney General may grant asylum to 
     an alien who has applied for asylum in accordance with the 
     requirements and procedures established by the Attorney 
     General under this section if the Attorney General determines 
     that such alien is a refugee within the meaning of section 
     101(a)(42)(A).
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to an 
     alien if the Attorney General determines that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(ii) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(iii) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(iv) there are reasonable grounds for regarding the alien 
     as a danger to the security of the United States;
       ``(v) the alien is inadmissible under subclause (I), (II), 
     (III), or (IV) of section 212(a)(3)(B)(i) or removable under 
     section 237(a)(4)(B) (relating to terrorist activity), 
     unless, in the case only of an alien inadmissible under 
     subclause (IV) of section 212(a)(3)(B)(i), the Attorney 
     General determines, in the Attorney General's discretion, 
     that there are not reasonable grounds for regarding the alien 
     as a danger to the security of the United States; or
       ``(vi) the alien was firmly resettled in another country 
     prior to arriving in the United States.
       ``(B) Special rules.--
       ``(i) Conviction of aggravated felony.--For purposes of 
     clause (ii) of subparagraph (A), an alien who has been 
     convicted of an aggravated felony shall be considered to have 
     been convicted of a particularly serious crime.
       ``(ii) Offenses.--The Attorney General may designate by 
     regulation offenses that will be considered to be a crime 
     described in clause (ii) or (iii) of subparagraph (A).
       ``(C) Additional limitations.--The Attorney General may by 
     regulation establish additional limitations and conditions 
     under which an alien shall be ineligible for asylum under 
     paragraph (1).
       ``(D) No judicial review.--There shall be no judicial 
     review of a determination of the Attorney General under 
     subparagraph (A)(v).
       ``(3) Treatment of spouse and children.--A spouse or child 
     (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) 
     of an alien who is granted asylum under this subsection may, 
     if not otherwise eligible for asylum under this section, be 
     granted the same status as the alien if accompanying, or 
     following to join, such alien.
       ``(c) Asylum Status.--
       ``(1) In general.--In the case of an alien granted asylum 
     under subsection (b), the Attorney General--
       ``(A) shall not remove or return the alien to the alien's 
     country of nationality or, in the case of a person having no 
     nationality, the country of the alien's last habitual 
     residence;
       ``(B) shall authorize the alien to engage in employment in 
     the United States and provide the alien with appropriate 
     endorsement of that authorization; and
       ``(C) may allow the alien to travel abroad with the prior 
     consent of the Attorney General.
       ``(2) Termination of asylum.--Asylum granted under 
     subsection (b) does not convey a right to remain permanently 
     in the United States, and may be terminated if the Attorney 
     General determines that--
       ``(A) the alien no longer meets the conditions described in 
     subsection (b)(1) owing to a fundamental change in 
     circumstances;
       ``(B) the alien meets a condition described in subsection 
     (b)(2);
       ``(C) the alien may be removed, including pursuant to a 
     bilateral or multilateral agreement, to a country (other than 
     the country of the alien's nationality or, in the case of an 
     alien having no nationality, the country of the alien's last 
     habitual residence) in which the alien cannot establish that 
     it is more likely than not that the alien's life or freedom 
     would be threatened on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion, and where the alien is eligible to receive 
     asylum or equivalent temporary protection;
       ``(D) the alien has voluntarily availed himself or herself 
     of the protection of the alien's country of nationality or, 
     in the case of an alien having no nationality, the alien's 
     country of last habitual residence, by returning to such 
     country with permanent resident status or the reasonable 
     possibility of obtaining such status with the same rights and 
     obligations pertaining to other permanent residents of that 
     country; or
       ``(E) the alien has acquired a new nationality and enjoys 
     the protection of the country of his new nationality.
       ``(3) Removal when asylum is terminated.--An alien 
     described in paragraph (2) is subject to any applicable 
     grounds of inadmissibility or deportability under section 
     212(a) and 237(a), and the alien's removal or return shall be 
     directed by the Attorney General in accordance with sections 
     240 and 241.
       ``(4) Limitation on judicial review.--No court shall have 
     jurisdiction to review a determination of the Attorney 
     General under paragraph (2).
       ``(d) Asylum Procedure.--
       ``(1) Applications.--The Attorney General shall establish a 
     procedure for the consideration of asylum applications filed 
     under subsection (a). An application for asylum shall not be 
     considered unless the alien submits fingerprints and a 
     photograph in a manner to be determined by regulation by the 
     Attorney General.
       ``(2) Employment.--An applicant for asylum is not entitled 
     to employment authorization, but such authorization may be 
     provided under regulation by the Attorney General. An 
     applicant who is not otherwise eligible for employment 
     authorization shall not be granted such authorization prior 
     to 180 days after the date of filing of the application for 
     asylum.
       ``(3) Fees.--The Attorney General may impose fees for the 
     consideration of an application for asylum, for employment 
     authorization under this section, and for adjustment of 
     status under section 209(b). The Attorney General may provide 
     for the assessment and payment of such fees over a period of 
     time or by installments. Nothing in this paragraph shall be 
     construed to require the Attorney General to charge fees for 
     adjudication services provided to asylum applicants, or to 
     limit the authority of the Attorney General to set 
     adjudication and naturalization fees in accordance with 
     section 286(m).
       ``(4) Notice of privilege of counsel and consequences of 
     frivolous application.--At the time of filing an application 
     for asylum, the Attorney General shall--
       ``(A) advise the alien of the privilege of being 
     represented by counsel and of the consequences, under 
     paragraph (6), of knowingly filing a frivolous application 
     for asylum; and
       ``(B) provide the alien a list of persons (updated not less 
     often than quarterly) who have indicated their availability 
     to represent aliens in asylum proceedings on a pro bono 
     basis.
       ``(5) Consideration of asylum applications.--
       ``(A) Procedures.--The procedure established under 
     paragraph (1) shall provide that--
       ``(i) asylum cannot be granted until the identity of the 
     applicant has been checked against all appropriate records or 
     databases maintained by the Attorney General and by the 
     Secretary of State, including the Automated Visa Lookout 
     System, to determine any grounds on which the alien may be 
     inadmissible to or deportable from the United States, or 
     ineligible to apply for or be granted asylum;
       ``(ii) in the absence of exceptional circumstances, the 
     initial interview or hearing on the asylum application shall 
     commence not later than 45 days after the date an application 
     is filed;
       ``(iii) in the absence of exceptional circumstances, final 
     administrative adjudication of the asylum application, not 
     including administrative appeal, shall be completed within 
     180 days after the date an application is filed;
       ``(iv) any administrative appeal shall be filed within 30 
     days of a decision granting or denying asylum, or within 30 
     days of the completion of removal proceedings before an 
     immigration judge under section 240, whichever is later; and
       ``(v) in the case of an applicant for asylum who fails 
     without prior authorization or in the absence of exceptional 
     circumstances to appear for an interview or hearing, 
     including a hearing under section 240, the application may be 
     dismissed or the applicant may be otherwise sanctioned for 
     such failure.
       ``(B) Additional regulatory conditions.--The Attorney 
     General may provide by regulation for any other conditions or 
     limitations on the consideration of an application for asylum 
     not inconsistent with this Act.
       ``(6) Frivolous applications.--
       ``(A) In general.--If the Attorney General determines that 
     an alien has knowingly made a frivolous application for 
     asylum and the alien has received the notice under paragraph 
     (4)(A),

[[Page H2431]]

     the alien shall be permanently ineligible for any benefits 
     under this Act, effective as of the date of a final 
     determination on such application.
       ``(B) Material misrepresentations.--An application shall be 
     considered to be frivolous if the Attorney General determines 
     that the application contains a willful misrepresentation or 
     concealment of a material fact.
       ``(7) No private right of action.--Nothing in this 
     subsection shall be construed to create any substantive or 
     procedural right or benefit that is legally enforceable by 
     any party against the United States or its agencies or 
     officers or any other person.''.
       (b) Conforming and Clerical Amendments.--
       (1) The item in the table of contents relating to section 
     208 is amended to read as follows:

``Sec. 208. Asylum.''.
       (2) Section 104(d)(1)(A) of the Immigration Act of 1990 
     (Public Law 101-649) is amended by striking ``208(b)'' and 
     inserting ``208''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to applications for asylum filed on or after the 
     first day of the first month beginning more than 180 days 
     after the date of the enactment of this Act.

     SEC. 532. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 
                   EACH YEAR.

       (a) In General.--Section 209(b) (8 U.S.C. 1159(b)) is 
     amended by striking ``Not more than'' and all that follows 
     through ``adjust'' and inserting the following: ``The 
     Attorney General, in the Attorney General's discretion and 
     under such regulations as the Attorney General may prescribe, 
     and in a number not to exceed 10,000 aliens in any fiscal 
     year, may adjust''.
       (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 
     1157(a)) is amended by striking paragraph (4).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1996.

     SEC. 533. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION 
                   BACKLOGS.

       (a) Authorization of Temporary Employment of Certain 
     Annuitants and Retirees.--
       (1) In general.--For the purpose of performing duties in 
     connection with adjudicating applications for asylum pending 
     as of the date of the enactment of this Act, the Attorney 
     General may employ for a period not to exceed 24 months 
     (beginning 3 months after the date of the enactment of this 
     Act) not more than 300 individuals (at any one time) who, by 
     reason of separation from service on or before January 1, 
     1995, are receiving--
       (A) annuities under the provisions of subchapter III of 
     chapter 83 of title 5, United States Code, or chapter 84 of 
     such title;
       (B) annuities under any other retirement system for 
     employees of the Federal Government; or
       (C) retired or retainer pay as retired officers of regular 
     components of the uniformed services.
       (2) No reduction in annuity or retirement pay or 
     redetermination of pay during temporary employment.--
       (A) Retirees under civil service retirement system and 
     federal employees' retirement system.--In the case of an 
     individual employed under paragraph (1) who is receiving an 
     annuity described in paragraph (1)(A)--
       (i) such individual's annuity shall continue during the 
     employment under paragraph (1) and shall not be increased as 
     a result of service performed during that employment;
       (ii) retirement deductions shall not be withheld from such 
     individual's pay; and
       (iii) such individual's pay shall not be subject to any 
     deduction based on the portion of such individual's annuity 
     which is allocable to the period of employment.
       (B) Other federal retirees.--The President shall apply the 
     provisions of subparagraph (A) to individuals who are 
     receiving an annuity described in paragraph (1)(B) and who 
     are employed under paragraph (1) in the same manner and to 
     the same extent as such provisions apply to individuals who 
     are receiving an annuity described in paragraph (1)(A) and 
     who are employed under paragraph (1).
       (C) Retired officers of the uniform services.--The retired 
     or retainer pay of a retired officer of a regular component 
     of a uniformed service shall not be reduced under section 
     5532 of title 5, United States Code, by reason of temporary 
     employment authorized under paragraph (1).
       (b) Procedures for Property Acquisition on Leasing.--
     Notwithstanding the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney 
     General is authorized to expend out of funds made available 
     to the Department of Justice for the administration of the 
     Immigration and Nationality Act such amounts as may be 
     necessary for the leasing or acquisition of property to carry 
     out the purpose described in subsection (a)(1).
       (c) Increase in Asylum Officers.--Subject to the 
     availability of appropriations, the Attorney General shall 
     provide for an increase in the number of asylum officers to 
     at least 600 asylum officers by fiscal year 1997.
       Subtitle E--General Effective Date; Transition Provisions

     SEC. 551. GENERAL EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in subsection 
     (b) or in this title, this title and the amendments made by 
     this title shall take effect on October 1, 1996, and shall 
     apply beginning with fiscal year 1997.
       (b) Provisions Taking Effect Upon Enactment.--Sections 523 
     and 554 shall take effect on the date of the enactment of 
     this Act.

     SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSIFICATION 
                   PETITIONS.

       (a) Family-Sponsored Immigrants.--
       (1) Immediate relatives.--Any petition filed under section 
     204(a) of the Immigration and Nationality Act before October 
     1, 1996, for immediate relative status under section 
     201(b)(2)(A) of such Act (as in effect before such date) as a 
     spouse or child of a United States citizen or as a parent of 
     a United States citizen shall be deemed, as of such date, to 
     be a petition filed under such section for status under 
     section 201(b)(2)(A) (as such a spouse or child) or under 
     section 203(a)(2), respectively, of such Act (as amended by 
     this title).
       (2) Spouses and children of permanent residents.--Any 
     petition filed under section 204(a) of the Immigration and 
     Nationality Act before October 1, 1996, for preference status 
     under section 203(a)(2) of such Act as a spouse or child of 
     an alien lawfully admitted for permanent residence shall be 
     deemed, as of such date, to be a petition filed under such 
     section for preference status under section 203(a)(1) of such 
     Act (as amended by this title).
       (b) Employment-Based Immigrants.--
       (1) In general.--Subject to paragraph (2), any petition 
     filed before October 1, 1996, and approved on any date, to 
     accord status under section 203(b)(1)(A), 203(b)(1)(B), 
     203(b)(1)(C), 203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii), 
     203(b)(4), 203(b)(5) of the Immigration and Nationality Act 
     (as in effect before such date) shall be deemed, on and after 
     October 1, 1996 (or, if later, the date of such approval), to 
     be a petition approved to accord status under section 
     203(b)(1), 203(b)(2)(B), 203(b)(2)(C), 203(b)(3), 
     203(b)(4)(B), 203(b)(4)(C), 203(b)(6), or 203(b)(5), 
     respectively, of such Act (as in effect on and after such 
     date). Nothing in this paragraph shall be construed as 
     exempting the beneficiaries of such petitions from the 
     numerical limitations under section 203(b) of such Act (as 
     amended by section 513).
       (2) Time limitation.--Paragraph (1) shall not apply more 
     than two years after the date the priority date for issuance 
     of a visa on the basis of such a petition has been reached.
       (c) Admissibility Standards.--When an immigrant, in 
     possession of an unexpired immigrant visa issued before 
     October 1, 1996, makes application for admission, the 
     immigrant's admissibility under paragraph (7)(A) of section 
     212(a) of the Immigration and Nationality Act shall be 
     determined under the provisions of law in effect on the date 
     of the issuance of such visa.
       (d) Construction.--Nothing in this title shall be construed 
     as affecting the provisions of section 19 of Public Law 97-
     116, section 2(c)(1) of Public Law 97-271, or section 202(e) 
     of Public Law 99-603.

     SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACKLOGGED SPOUSES 
                   AND CHILDREN OF LAWFUL PERMANENT RESIDENT 
                   ALIENS.

       (a) In General.--(1) In addition to any immigrant visa 
     numbers otherwise available, immigrant visa numbers in a 
     number not to exceed 50,000 (or, if greater, \1/5\ of the 
     number of aliens described in paragraph (2)) immigrant visa 
     numbers shall be made available in each of fiscal years 1997 
     through 2001 for aliens who have petitions approved for 
     classification under section 203(a)(1) of the Immigration and 
     Nationality Act (as amended by this title) for the fiscal 
     year.
       (2) Aliens described in this paragraph are aliens, for whom 
     petitions are pending as of the beginning of the fiscal year 
     involved, with respect to whom the petitioning alien became 
     an alien admitted for lawful permanent residence through the 
     operation of section 210 or 245A of the Immigration and 
     Nationality Act.
       (b) Order.--(1) Subject to paragraph (2), visa numbers 
     under this section shall be made available in the order in 
     which a petition, in behalf of each such immigrant for 
     classification under section 203(a)(1) of the Immigration and 
     Nationality Act, is filed with the Attorney General under 
     section 204 of such Act.
       (2) Visa numbers shall first be made available to aliens 
     for whom the petitioning alien did not become an alien 
     lawfully admitted for permanent residence through the 
     operation of section 210 or 245A of the Immigration and 
     Nationality Act.
       (3) The per country numerical limitations of section 202 of 
     such Act shall not apply with respect to visa numbers made 
     available under this section, and visa numbers made available 
     under this section shall not be counted in determining 
     whether there are excess family admissions in a fiscal year 
     under section 201(c)(3)(B) of the Immigration and Nationality 
     Act (as amended by section 501(b)).
       (c) Report.--The Attorney General shall submit to Congress, 
     by April 1, 2001, a report on the operation of this section 
     and the extent to which this section will, by October 1, 
     2001, have resulted in visa numbers being available to 
     immigrants described in paragraphs (1) and (2) of subsection 
     (b) being available on a current basis.

     SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVANTAGED FAMILY 
                   FIRST PREFERENCE IMMIGRANTS.

       (a) Disregard of Per Country Limits for Last Half of Fiscal 
     Year 1996.--The per country numerical limitations specified 
     in section 202(a) of the Immigration and Nationality Act 
     shall not apply to immigrant numbers made available under 
     section 203(a)(1) of such Act (as in effect before the date 
     of the enactment of this Act) on or after April 1, 1996, but 
     only to the extent necessary to assure that the priority date 
     for aliens classified under such section who are nationals of 
     a country is not earlier than the priority date for aliens 
     classified under section 203(a)(2)(B) of such Act for aliens 
     who are nationals of that country.
       (b) Additional Visa Numbers Potentially Available To Assure 
     Equitable Treatment for Unmarried Sons and Daughters of 
     United States Citizens.--
       (1) In general.--In addition to any immigrant visa 
     otherwise available, immigrant visa numbers shall be made 
     available during fiscal year 1997 for disadvantaged family 
     first preference aliens (as defined in paragraph (2)) and

[[Page H2432]]

     for spouses and children of such aliens who would otherwise 
     be eligible to immigrant status under section 203(e) of the 
     Immigration and Nationality Act in relation to such aliens if 
     the aliens remained entitled to immigrant status under 
     section 203(a) of such Act.
       (2) Disadvantaged family first preference alien defined.--
     In this subsection, the term ``disadvantaged family first 
     preference alien'' means an alien--
       (A) with respect to whom a petition for classification 
     under section 203(a)(1) of the Immigration and Nationality 
     Act (as in effect on the date of the enactment of this Act) 
     was approved as of September 30, 1996, and
       (B) whose priority date, as of September 30, 1996, under 
     such classification was earlier than the priority date as of 
     such date for aliens of the same nationality with respect to 
     whom a petition for classification under section 203(a)(2)(B) 
     of such Act (as in effect on such date) had been approved.
       (3) Disregard of per country numerical limitations.--
     Additional visa numbers made available under this subsection 
     shall not be taken into account for purposes of applying any 
     numerical limitation applicable to the country under section 
     202 of such Act, and visa numbers made available under this 
     subsection shall not be counted in determining whether there 
     are excess family admissions in a fiscal year under section 
     201(c)(3)(B) of the Immigration and Nationality Act (as 
     amended by section 501(b) of this Act).

     SEC. 555. AUTHORIZATION OF REIMBURSEMENT OF PETITIONERS FOR 
                   ELIMINATED FAMILY-SPONSORED CATEGORIES.

       (a) In General.--Subject to the availability of 
     appropriations, after the effective date of this title, the 
     Attorney General shall establish a process to provide for the 
     reimbursement to each petitioner of all fees paid to the 
     United States, and which were required to be paid under the 
     Immigration and Nationality Act, for a petition, which was 
     not disapproved as of such date and for which a visa has not 
     been issued, for a family-sponsored immigrant category which 
     is eliminated by this title or the amendments made by this 
     title. Any such process shall provide that such a petitioner 
     shall present any required documentation or other proof of 
     such claim, in person, to the Immigration and Naturalization 
     Service.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

     SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE 
                   AND IMMIGRATION.

       The Congress makes the following statements concerning 
     national policy with respect to welfare and immigration:
       (1) Self-sufficiency has been a basic principle of United 
     States immigration law since this country's earliest 
     immigration statutes.
       (2) It continues to be the immigration policy of the United 
     States that--
       (A) aliens within the nation's borders not depend on public 
     resources to meet their needs, but rather rely on their own 
     capabilities and the resources of their families, their 
     sponsors, and private organizations, and
       (B) the availability of public benefits not constitute an 
     incentive for immigration to the United States.
       (3) Despite the principle of self-sufficiency, aliens have 
     been applying for and receiving public benefits from Federal, 
     State, and local governments at increasing rates.
       (4) Current eligibility rules for public assistance and 
     unenforceable financial support agreements have proved wholly 
     incapable of assuring that individual aliens not burden the 
     public benefits system.
       (5) It is a compelling government interest to enact new 
     rules for eligibility and sponsorship agreements in order to 
     assure that aliens be self-reliant in accordance with 
     national immigration policy.
       (6) It is a compelling government interest to remove the 
     incentive for illegal immigration provided by the 
     availability of public benefits.
       (7) Where States are authorized to follow Federal 
     eligibility rules for public assistance programs, the 
     Congress strongly encourages the States to adopt the Federal 
     eligibility rules.
     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   PART 1--PUBLIC BENEFITS GENERALLY

     SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC 
                   ASSISTANCE, CONTRACTS, AND LICENSES.

       (a) Federal Programs.--Notwithstanding any other provision 
     of law, except as provided in section 603, any alien who is 
     not lawfully present in the United States shall not be 
     eligible for any of the following:
       (1) Federal assistance programs.--To receive any benefits 
     under any program of assistance provided or funded, in whole 
     or in part, by the Federal Government for which eligibility 
     (or the amount of assistance) is based on financial need.
       (2) Federal contracts or licenses.--To receive any grant, 
     to enter into any contract or loan agreement, or to be issued 
     (or have renewed) any professional or commercial license, if 
     the grant, contract, loan, or license is provided or funded 
     by any Federal agency.
       (b) State Programs.--Notwithstanding any other provision of 
     law, except as provided in section 603, any alien who is not 
     lawfully present in the United States shall not be eligible 
     for any of the following:
       (1) State assistance programs.--To receive any benefits 
     under any program of assistance (not described in subsection 
     (a)(1)) provided or funded, in whole or in part, by a State 
     or political subdivision of a State for which eligibility (or 
     the amount of assistance) is based on financial need.
       (2) State contracts or licenses.--To receive any grant, to 
     enter into any contract or loan agreement, or to be issued 
     (or have renewed) any professional or commercial license, if 
     the grant, contract, loan, or license is provided or funded 
     by any State agency.
       (c) Requiring Proof of Identity for Federal Contracts, 
     Grants, Loans, Licenses, and Public Assistance.--
       (1) In general.--In considering an application for a 
     Federal contract, grant, loan, or license, or for public 
     assistance under a program described in paragraph (2), a 
     Federal agency shall require the applicant to provide proof 
     of identity under paragraph (3) to be considered for such 
     Federal contract, grant, loan, license, or public assistance.
       (2) Public assistance programs covered.--The requirement of 
     proof of identity under paragraph (1) shall apply to the 
     following Federal public assistance programs:
       (A) SSI.--The supplemental security income program under 
     title XVI of the Social Security Act, including State 
     supplementary benefits programs referred to in such title.
       (B) AFDC.--The program of aid to families with dependent 
     children under part A or E of title IV of the Social Security 
     Act.
       (C) Social services block grant.--The program of block 
     grants to States for social services under title XX of the 
     Social Security Act.
       (D) Medicaid.--The program of medical assistance under 
     title XIX of the Social Security Act.
       (E) Food stamps.--The program under the Food Stamp Act of 
     1977.
       (F) Housing assistance.--Financial assistance as defined in 
     section 214(b) of the Housing and Community Development Act 
     of 1980.
       (3) Documents that show proof of identity.--
       (A) In general.--Any one of the documents described in 
     subparagraph (B) may be used as proof of identity under this 
     subsection if the document is current and valid. No other 
     document or documents shall be sufficient to prove identity.
       (B) Documents described.--The documents described in this 
     subparagraph are the following:
       (i) A United States passport (either current or expired if 
     issued both within the previous 20 years and after the 
     individual attained 18 years of age).
       (ii) A resident alien card.
       (iii) A State driver's license, if presented with the 
     individual's social security account number card.
       (iv) A State identity card, if presented with the 
     individual's social security account number card.
       (d) Authorization for States To Require Proof of 
     Eligibility for State Programs.--In considering an 
     application for contracts, grants, loans, licenses, or public 
     assistance under any State program, a State is authorized to 
     require the applicant to provide proof of eligibility to be 
     considered for such State contracts, grants, loans, licenses, 
     or public assistance.
       (e) Exception for Battered Aliens.--
       (1) Exception.--The limitations on eligibility for benefits 
     under subsection (a) or (b) shall not apply to an alien if--
       (A)(i) the alien has been battered or subject to extreme 
     cruelty in the United States by a spouse or parent, or by a 
     member of the spouse or parent's family residing in the same 
     household as the alien and the spouse or parent consented or 
     acquiesced to such battery or cruelty, or
       (ii) the alien's child has been battered or subject to 
     extreme cruelty in the United States by a spouse or parent of 
     the alien (without the active participation of the alien in 
     the battery or extreme cruelty) or by a member of the spouse 
     or parent's family residing in the same household as the 
     alien when the spouse or parent consented or acquiesced to, 
     and the alien did not actively participate in, such battery 
     or cruelty; and
       (B)(i) the alien has petitioned (or petitions within 45 
     days after the first application for assistance subject to 
     the limitations under subsection (a) or (b)) for--
       (I) status as a spouse or child of a United States citizen 
     pursuant to clause (ii), (iii), or (iv) of section 
     204(a)(1)(A) of the Immigration and Nationality Act,
       (II) classification pursuant to clauses (ii) or (iii) of 
     section 204(a)(1)(B) of such Act, or
       (III) cancellation of removal and adjustment of status 
     pursuant to section 240A(b)(2) of such Act ; or
       (ii) the alien is the beneficiary of a petition filed for 
     status as a spouse or child of a United States citizen 
     pursuant to clause (i) of section 204(a)(1)(A) of the 
     Immigration and Nationality Act, or of a petition filed for 
     classification pursuant to clause (i) of section 204(a)(1)(B) 
     of such Act.
       (2) Termination of exception.--The exception under 
     paragraph (1) shall terminate if no complete petition which 
     sets forth a prima facie case is filed pursuant to the 
     requirement of paragraph (1)(B) or (1)(C) or when an petition 
     is denied.

     SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR 
                   UNEMPLOYMENT BENEFITS.

       (a) In General.--Notwithstanding any other provision of 
     law, no unemployment benefits shall be payable (in whole or 
     in part) out of Federal funds to the extent the benefits are 
     attributable to any employment of the alien in the United 
     States for which the alien was not granted employment 
     authorization pursuant to Federal law.
       (b) Procedures.--Entities responsible for providing 
     unemployment benefits subject to the restrictions of this 
     section shall make such inquiries as may be necessary to 
     assure that recipients of such benefits are eligible 
     consistent with this section.

[[Page H2433]]

     SEC. 603. GENERAL EXCEPTIONS.

       Sections 601 and 602 shall not apply to the following:
       (1) Emergency medical services.--The provision of emergency 
     medical services (as defined by the Attorney General in 
     consultation with the Secretary of Health and Human 
     Services).
       (2) Public health immunizations.--Public health assistance 
     for immunizations with respect to immunizable diseases and 
     for testing and treatment for communicable diseases.
       (3) Short-term emergency relief.--The provision of non-
     cash, in-kind, short-term emergency relief.
       (4) Family violence services.--The provision of any 
     services directly related to assisting the victims of 
     domestic violence or child abuse.
       (5) School lunch act.--Programs carried out under the 
     National School Lunch Act.
       (6) Child nutrition act.--Programs of assistance under the 
     Child Nutrition Act of 1966.

     SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL 
                   SERVICES EXCEPTION.

       (a) In General.--Subject to such amounts as are provided in 
     advance in appropriation Acts, each State or local government 
     that provides emergency medical services (as defined for 
     purposes of section 603(1)) through a public hospital or 
     other public facility (including a nonprofit hospital that is 
     eligible for an additional payment adjustment under section 
     1886 of the Social Security Act) or through contract with 
     another hospital or facility to an individual who is an alien 
     not lawfully present in the United States is entitled to 
     receive payment from the Federal Government of its costs of 
     providing such services, but only to the extent that such 
     costs are not otherwise reimbursed through any other Federal 
     program and cannot be recovered from the alien or another 
     person.
       (b) Confirmation of Immigration Status Required.--No 
     payment shall be made under this section with respect to 
     services furnished to an individual unless the identity and 
     immigration status of the individual has been verified with 
     the Immigration and Naturalization Service in accordance with 
     procedures established by the Attorney General.
       (c) Administration.--This section shall be administered by 
     the Attorney General, in consultation with the Secretary of 
     Health and Human Services.
       (d) Effective Date.--Subsection (a) shall not apply to 
     emergency medical services furnished before October 1, 1995.

     SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM 
                   HOUSING ASSISTANCE PROGRAMS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall submit a report to the Committees on the Judiciary of 
     the House of Representatives and of the Senate, the Committee 
     on Banking of the House of Representatives, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate, 
     describing the manner in which the Secretary is enforcing 
     section 214 of the Housing and Community Development Act of 
     1980. The report shall contain statistics with respect to the 
     number of aliens denied financial assistance under such 
     section.

     SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR 
                   POSTSECONDARY FEDERAL STUDENT FINANCIAL 
                   ASSISTANCE.

       No student shall be eligible for postsecondary Federal 
     student financial assistance unless the student has certified 
     that the student is a citizen or national of the United 
     States or an alien lawfully admitted for permanent residence 
     and the Secretary of Education has verified such 
     certification through an appropriate procedure determined by 
     the Attorney General.

     SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

       In carrying out this part, the payment or provision of 
     benefits (other than those described in section 603 under a 
     program of assistance described in section 601(a)(1)) shall 
     be made only through an individual or person who is not 
     ineligible to receive such benefits under such program on the 
     basis of immigration status pursuant to the requirements and 
     limitations of this part.

     SEC. 608. DEFINITIONS.

       For purposes of this part:
       (1) Lawful presence.--The determination of whether an alien 
     is lawfully present in the United States shall be made in 
     accordance with regulations of the Attorney General. An alien 
     shall not be considered to be lawfully present in the United 
     States for purposes of this title merely because the alien 
     may be considered to be permanently residing in the United 
     States under color of law for purposes of any particular 
     program.
       (2) State.--The term ``State'' includes the District of 
     Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern 
     Mariana Islands, and American Samoa.

     SEC. 609. REGULATIONS AND EFFECTIVE DATES.

       (a) Regulations.--The Attorney General shall first issue 
     regulations to carry out this part (other than section 605) 
     by not later than 60 days after the date of the enactment of 
     this Act. Such regulations shall take effect on an interim 
     basis, pending change after opportunity for public comment.
       (b) Effective Date for Restrictions on Eligibility for 
     Public Benefits.--(1) Except as provided in this subsection, 
     section 601 shall apply to benefits provided, contracts or 
     loan agreements entered into, and professional and commercial 
     licenses issued (or renewed) on or after such date as the 
     Attorney General specifies in regulations under subsection 
     (a). Such date shall be at least 30 days, and not more than 
     60 days, after the date the Attorney General first issues 
     such regulations.
       (2) The Attorney General, in carrying out section 
     601(a)(2), may permit such section to be waived in the case 
     of individuals for whom an application for the grant, 
     contract, loan, or license is pending (or approved) as of a 
     date that is on or before the effective date specified under 
     paragraph (1).
       (c) Effective Date for Restrictions on Eligibility for 
     Unemployment Benefits.--(1) Except as provided in this 
     subsection, section 602 shall apply to unemployment benefits 
     provided on or after such date as the Attorney General 
     specifies in regulations under subsection (a). Such date 
     shall be at least 30 days, and not more than 60 days, after 
     the date the Attorney General first issues such regulations.
       (2) The Attorney General, in carrying out section 602, may 
     permit such section to be waived in the case of an individual 
     during a continuous period of unemployment for whom an 
     application for unemployment benefits is pending as of a date 
     that is on or before the effective date specified under 
     paragraph (1).
       (d) Broad Dissemination of Information.--Before the 
     effective dates specified in subsections (b) and (c), the 
     Attorney General shall broadly disseminate information 
     regarding the restrictions on eligibility established under 
     this part.

                    PART 2--EARNED INCOME TAX CREDIT

     SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT 
                   AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES.

       (a) In General.--Section 32(c)(1) of the Internal Revenue 
     Code of 1986 (relating to individuals eligible to claim the 
     earned income tax credit) is amended by adding at the end the 
     following new subparagraph:
       ``(F) Identification number requirement.--The term 
     `eligible individual' does not include any individual who 
     does not include on the return of tax for the taxable year--
       ``(i) such individual's taxpayer identification number, and
       ``(ii) if the individual is married (within the meaning of 
     section 7703), the taxpayer identification number of such 
     individual's spouse.''
       (b) Special Identification Number.--Section 32 of the 
     Internal Revenue Code of 1986 (relating to earned income) is 
     amended by adding at the end the following new subsection:
       ``(k) Identification Numbers.--For purposes of subsections 
     (c)(1)(F) and (c)(3)(D), a taxpayer identification number 
     means a social security number issued to an individual by the 
     Social Security Administration (other than a social security 
     number issued pursuant to clause (II) (or that portion of 
     clause (III) that relates to clause (II)) of section 
     205(c)(2)(B)(i) of the Social Security Act).''
       (c) Extension of Procedures Applicable to Mathematical or 
     Clerical Errors.--Section 6213(g)(2) of the Internal Revenue 
     Code of 1986 (relating to the definition of mathematical or 
     clerical errors) is amended by striking ``and'' at the end of 
     subparagraph (D), by striking the period at the end of 
     subparagraph (E) and inserting ``, and'', and by inserting 
     after subparagraph (E) the following new subparagraph:
       ``(F) an omission of a correct taxpayer identification 
     number required under section 23 (relating to credit for 
     families with younger children) or section 32 (relating to 
     the earned income tax credit) to be included on a return.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1995.
Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

     SEC. 621. GROUND FOR INADMISSIBILITY.

       (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 
     1182(a)) is amended to read as follows:
       ``(4) Public charge.--
       ``(A) Family-sponsored immigrants.--Any alien who seeks 
     admission or adjustment of status under a visa number issued 
     under section 203(a), who cannot demonstrate to the consular 
     officer at the time of application for a visa, or to the 
     Attorney General at the time of application for admission or 
     adjustment of status, that the alien's age, health, family 
     status, assets, resources, financial status, education, 
     skills, or a combination thereof, or an affidavit of support 
     described in section 213A, or both, make it unlikely that the 
     alien will become a public charge (as determined under 
     section 241(a)(5)(B)) is inadmissible.
       ``(B) Nonimmigrants.--Any alien who seeks admission under a 
     visa number issued under section 214, who cannot demonstrate 
     to the consular officer at the time of application for the 
     visa that the alien's age, health, family status, assets, 
     resources, financial status, education, skills or a 
     combination thereof, or an affidavit of support described in 
     section 213A, or both, make it unlikely that the alien will 
     become a public charge (as determined under section 
     241(a)(5)(B)) is inadmissible.
       ``(C) Employment-based immigrants.--
       ``(i) In general.--Any alien who seeks admission or 
     adjustment of status under a visa number issued under 
     paragraph (2) or (3) of section 203(b) who cannot demonstrate 
     to the consular officer at the time of application for a 
     visa, or to the Attorney General at the time of application 
     for admission or adjustment of status, that the immigrant has 
     a valid offer of employment is inadmissible.
       ``(ii) Certain employment-based immigrants.--Any alien who 
     seeks admission or adjustment of status under a visa number 
     issued under section 203(b) by virtue of a classification 
     petition filed by a relative of the alien (or by an entity in 
     which such relative has a significant ownership interest) is 
     inadmissible unless such relative has executed an affidavit 
     of support described in section 213A with respect to such 
     alien.''.
       (b) Effective Date.--(1) Subject to paragraph (2), the 
     amendment made by subsection

[[Page H2434]]

     (a) shall apply to applications submitted on or after such 
     date, not earlier than 30 days and not later than 60 days 
     after the date the Attorney General promulgates under section 
     632(f) a standard form for an affidavit of support, as the 
     Attorney General shall specify.
       (2) Section 212(a)(4)(C)(i) of the Immigration and 
     Nationality Act, as amended by subsection (a), shall apply 
     only to aliens seeking admission or adjustment of status 
     under a visa number issued on or after October 1, 1996.

     SEC. 622. GROUND FOR DEPORTABILITY.

       (a) In General.--Paragraph (5) of subsection (a) of section 
     241 (8 U.S.C. 1251(a)), before redesignation as section 237 
     by section 305(a)(2), is amended to read as follows:
       ``(5) Public charge.--
       ``(A) In general.--Any alien who, within 7 years after the 
     date of entry or admission, becomes a public charge is 
     deportable.
       ``(B) Exceptions.--(i) Subparagraph (A) shall not apply if 
     the alien establishes that the alien has become a public 
     charge from causes that arose after entry or admission. A 
     condition that the alien knew (or had reason to know) existed 
     at the time of entry or admission shall be deemed to be a 
     cause that arose before entry or admission.
       ``(ii) The Attorney General, in the discretion of the 
     Attorney General, may waive the application of subparagraph 
     (A) in the case of an alien who is admitted as a refugee 
     under section 207 or granted asylum under section 208.
       ``(C) Individuals treated as public charge.--
       ``(i) In general.--For purposes of this title, an alien is 
     deemed to be a `public charge' if the alien receives benefits 
     (other than benefits described in subparagraph (E)) under one 
     or more of the public assistance programs described in 
     subparagraph (D) for an aggregate period, except as provided 
     in clauses (ii) and (iii), of at least 12 months within 7 
     years after the date of entry. The previous sentence shall 
     not be construed as excluding any other bases for considering 
     an alien to be a public charge, including bases in effect on 
     the day before the date of the enactment of the Immigration 
     in the National Interest Act of 1995. The Attorney General, 
     in consultation with the Secretary of Health and Human 
     Services, shall establish rules regarding the counting of 
     health benefits described in subparagraph (D)(iv) for 
     purposes of this subparagraph.
       ``(ii) Determination with respect to battered women and 
     children.--For purposes of a determination under clause (i) 
     and except as provided in clause (iii), the aggregate period 
     shall be 48 months within 7 years after the date of entry if 
     the alien can demonstrate that (I) the alien has been 
     battered or subject to extreme cruelty in the United States 
     by a spouse or parent, or by a member of the spouse or 
     parent's family residing in the same household as the alien 
     and the spouse or parent consented or acquiesced to such 
     battery or cruelty, or (II) the alien's child has been 
     battered or subject to extreme cruelty in the United States 
     by a spouse or parent of the alien (without the active 
     participation of the alien in the battery or extreme 
     cruelty), or by a member of the spouse or parent's family 
     residing in the same household as the alien when the spouse 
     or parent consented or acquiesced to and the alien did not 
     actively participate in such battery or cruelty, and the need 
     for the public benefits received has a substantial connection 
     to the battery or cruelty described in subclause (I) or (II).
       ``(iii) Special rule for ongoing battery or cruelty.--For 
     purposes of a determination under clause (i), the aggregate 
     period may exceed 48 months within 7 years after the date of 
     entry if the alien can demonstrate that any battery or 
     cruelty under clause (ii) is ongoing, has led to the issuance 
     of an order of a judge or an administrative law judge or a 
     prior determination of the Service, and that the need for the 
     benefits received has a substantial connection to such 
     battery or cruelty.
       ``(D) Public assistance programs.--For purposes of 
     subparagraph (B), the public assistance programs described in 
     this subparagraph are the following (and include any 
     successor to such a program as identified by the Attorney 
     General in consultation with other appropriate officials):
       ``(i) SSI.--The supplemental security income program under 
     title XVI of the Social Security Act, including State 
     supplementary benefits programs referred to in such title.
       ``(ii) AFDC.--The program of aid to families with dependent 
     children under part A or E of title IV of the Social Security 
     Act.
       ``(iii) Medicaid.--The program of medical assistance under 
     title XIX of the Social Security Act.
       ``(iv) Food stamps.--The program under the Food Stamp Act 
     of 1977.
       ``(v) State general cash assistance.--A program of general 
     cash assistance of any State or political subdivision of a 
     State.
       ``(vi) Housing assistance.--Financial assistance as defined 
     in section 214(b) of the Housing and Community Development 
     Act of 1980.
       ``(E) Certain assistance excepted.--For purposes of 
     subparagraph (B), an alien shall not be considered to be a 
     public charge on the basis of receipt of any of the following 
     benefits:
       ``(i) Emergency medical services.--The provision of 
     emergency medical services (as defined by the Attorney 
     General in consultation with the Secretary of Health and 
     Human Services).
       ``(ii) Public health immunizations.--Public health 
     assistance for immunizations with respect to immunizable 
     diseases and for testing and treatment for communicable 
     diseases.
       ``(iii) Short-term emergency relief.--The provision of non-
     cash, in-kind, short-term emergency relief.''.
       (b) Effective Date.--(1) The amendment made by subsection 
     (a) shall take effect as of the first day of the first month 
     beginning at least 30 days after the date of the enactment of 
     this Act.
       (2) In applying section 241(a)(5)(C) of the Immigration and 
     Nationality Act (which is subsequently redesignated as 
     section 237(a)(5)(C) of such Act), as amended by subsection 
     (a), no receipt of benefits under a public assistance program 
     before the effective date described in paragraph (1) shall be 
     taken into account.
      Subtitle C--Attribution of Income and Affidavits of Support

     SEC. 631. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO 
                   FAMILY-SPONSORED IMMIGRANTS.

       (a) Federal Programs.--Notwithstanding any other provision 
     of law, in determining the eligibility and the amount of 
     benefits of an alien for any Federal means-tested public 
     benefits program (as defined in subsection (d)) the income 
     and resources of the alien shall be deemed to include--
       (1) the income and resources of any individual who executed 
     an affidavit of support pursuant to section 213A of the 
     Immigration and Nationality Act (as inserted by section 
     632(a)) in behalf of such alien, and
       (2) the income and resources of the spouse (if any) of the 
     individual.
       (b) Period of Attribution.--
       (1) Parents of united states citizens.--Subsection (a) 
     shall apply with respect to an alien who is admitted to the 
     United States as the parent of a United States citizen under 
     section 203(a)(2) of the Immigration and Nationality Act, as 
     amended by section 512(a), until the alien is naturalized as 
     a citizen of the United States.
       (2) Spouses of united states citizens and lawful permanent 
     residents.--Subsection (a) shall apply with respect to an 
     alien who is admitted to the United States as the spouse of a 
     United States citizen or lawful permanent resident under 
     section 201(b)(2) of 203(a)(1) of the Immigration and 
     Nationality Act until--
       (A) 7 years after the date the alien is lawfully admitted 
     to the United States for permanent residence, or
       (B) the alien is naturalized as a citizen of the United 
     States,
     whichever occurs first.
       (3) Minor children of united states citizens and lawful 
     permanent residents.--Subsection (a) shall apply with respect 
     to an alien who is admitted to the United States as the minor 
     child of a United States citizen or lawful permanent resident 
     under section 201(b)(2) of 203(a)(1) of the Immigration and 
     Nationality Act until the child attains the age of 21 years 
     or, if earlier, the date the child is naturalized as a 
     citizen of the United States.
       (4) Attribution of sponsor's income and resources ended if 
     sponsored alien becomes eligible for old-age benefits under 
     title ii of the social security act.--
       (A) Notwithstanding any other provision of this section, 
     subsection (a) shall not apply and the period of attribution 
     of a sponsor's income and resources under this subsection 
     shall terminate if the alien is employed for a period 
     sufficient to qualify for old age benefits under title II of 
     the Social Security Act and the alien is able to prove to the 
     satisfaction of the Attorney General that the alien so 
     qualifies.
       (B) The Attorney General shall ensure that appropriate 
     information pursuant to subparagraph (A) is provided to the 
     System for Alien Verification of Eligibility (SAVE).
       (5) Battered women and children.--Notwithstanding any other 
     provision of this section, subsections (a) and (c) shall not 
     apply and the period of attribution of the income and 
     resources of any individual under paragraphs (1) or (2) of 
     subsection (a) or paragraph (1) shall not apply--
       (A) for up to 48 months if the alien can demonstrate that 
     (i) the alien has been battered or subject to extreme cruelty 
     in the United States by a spouse or parent, or by a member of 
     the spouse or parent's family residing in the same household 
     as the alien and the spouse or parent consented or acquiesced 
     to such battery or cruelty, or (ii) the alien's child has 
     been battered or subject to extreme cruelty in the United 
     States by a spouse or parent of the alien (without the active 
     participation of the alien in the battery or extreme 
     cruelty), or by a member of the spouse or parent's family 
     residing in the same household as the alien when the spouse 
     or parent consented or acquiesced to and the alien did not 
     actively participate in such battery or cruelty, and need for 
     the public benefits applied for has a substantial connection 
     to the battery or cruelty described in clause (i) or (ii); 
     and
       (B) for more than 48 months if the alien can demonstrate 
     that any battery or cruelty under subparagraph (A) is 
     ongoing, has led to the issuance of an order of a judge or an 
     administrative law judge or a prior determination of the 
     Service, and that need for such benefits has a substantial 
     connection to such battery or cruelty.
       (c) Optional Application to State Programs.--
       (1) Authority.--Notwithstanding any other provision of law, 
     in determining the eligibility and the amount of benefits of 
     an alien for any State means-tested public benefits program, 
     the State or political subdivision that offers the program is 
     authorized to provide that the income and resources of the 
     alien shall be deemed to include--
       (A) the income and resources of any individual who executed 
     an affidavit of support pursuant to section 213A of the 
     Immigration and Nationality Act (as inserted by section 
     632(a)) in behalf of such alien, and
       (B) the income and resources of the spouse (if any) of the 
     individual.
       (2) Period of attribution.--The period of attribution of a 
     sponsor's income and resources in determining the eligibility 
     and amount of benefits for an alien under any State means-

[[Page H2435]]

     tested public benefits program pursuant to paragraph (1) may 
     not exceed the Federal period of attribution with respect to 
     the alien.
       (d) Means-Tested Program Defined.--In this section:
       (1) The term ``means-tested public benefits program'' means 
     a program of public benefits (including cash, medical, 
     housing, and food assistance and social services) of the 
     Federal Government or of a State or political subdivision of 
     a State in which the eligibility of an individual, household, 
     or family eligibility unit for benefits under the program, or 
     the amount of such benefits, or both are determined on the 
     basis of income, resources, or financial need of the 
     individual, household, or unit.
       (2) The term ``Federal means-tested public benefits 
     program'' means a means-tested public benefits program of (or 
     contributed to by) the Federal Government.
       (3) The term ``State means-tested public benefits program'' 
     means a means-tested public benefits program that is not a 
     Federal means-tested program.

     SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

       (a) In General.--Title II is amended by inserting after 
     section 213 the following new section:


           ``requirements for sponsor's affidavit of support

       ``Sec. 213A. (a) Enforceability.--(1) No affidavit of 
     support may be accepted by the Attorney General or by any 
     consular officer to establish that an alien is not 
     inadmissible as a public charge under section 212(a)(4) 
     unless such affidavit is executed by a sponsor of the alien 
     as a contract--
       ``(A) that is legally enforceable against the sponsor by 
     the Federal Government and by any State (or any political 
     subdivision of such State) that provides any means-tested 
     public benefits program, subject to subsection (b)(4); and
       ``(B) in which the sponsor agrees to submit to the 
     jurisdiction of any Federal or State court for the purpose of 
     actions brought under subsection (b)(2).
       ``(2)(A) An affidavit of support shall be enforceable with 
     respect to benefits provided under any means-tested public 
     benefits program for an alien who is admitted to the United 
     States as the parent of a United States citizen under section 
     203(a)(2) until the alien is naturalized as a citizen of the 
     United States.
       ``(B) An affidavit of support shall be enforceable with 
     respect to benefits provided under any means-tested public 
     benefits program for an alien who is admitted to the United 
     States as the spouse of a United States citizen or lawful 
     permanent resident under section 201(b)(2) or 203(a)(2) 
     until--
       ``(i) 7 years after the date the alien is lawfully admitted 
     to the United States for permanent residence, or
       ``(ii) such time as the alien is naturalized as a citizen 
     of the United States,
     whichever occurs first.
       ``(C) An affidavit of support shall be enforceable with 
     respect to benefits provided under any means-tested public 
     benefits program for an alien who is admitted to the United 
     States as the minor child of a United States citizen or 
     lawful permanent resident under section 201(b)(2) or section 
     203(a)(2) until the child attains the age of 21 years.
       ``(D)(i) Notwithstanding any other provision of this 
     subparagraph, a sponsor shall be relieved of any liability 
     under an affidavit of support if the sponsored alien is 
     employed for a period sufficient to qualify for old age 
     benefits under title II of the Social Security Act and the 
     sponsor or alien is able to prove to the satisfaction of the 
     Attorney General that the alien so qualifies.
       ``(ii) The Attorney General shall ensure that appropriate 
     information pursuant to clause (i) is provided to the System 
     for Alien Verification of Eligibility (SAVE).
       ``(b) Reimbursement of Government Expenses.--(1)(A) Upon 
     notification that a sponsored alien has received any benefit 
     under any means-tested public benefits program, the 
     appropriate Federal, State, or local official shall request 
     reimbursement by the sponsor in the amount of such 
     assistance.
       ``(B) The Attorney General, in consultation with the 
     Secretary of Health and Human Services, shall prescribe such 
     regulations as may be necessary to carry out subparagraph 
     (A).
       ``(2) If within 45 days after requesting reimbursement, the 
     appropriate Federal, State, or local agency has not received 
     a response from the sponsor indicating a willingness to 
     commence payments, an action may be brought against the 
     sponsor pursuant to the affidavit of support.
       ``(3) If the sponsor fails to abide by the repayment terms 
     established by such agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       ``(4) No cause of action may be brought under this 
     subsection later than 10 years after the alien last received 
     any benefit under any means-tested public benefits program.
       ``(5) If, pursuant to the terms of this subsection, a 
     Federal, State, or local agency requests reimbursement from 
     the sponsor in the amount of assistance provided, or brings 
     an action against the sponsor pursuant to the affidavit of 
     support, the appropriate agency may appoint or hire an 
     individual or other person to act on behalf of such agency 
     acting under the authority of law for purposes of collecting 
     any moneys owed. Nothing in this subsection shall preclude 
     any appropriate Federal, State, or local agency from directly 
     requesting reimbursement from a sponsor for the amount of 
     assistance provided, or from bringing an action against a 
     sponsor pursuant to an affidavit of support.
       ``(c) Remedies.--Remedies available to enforce an affidavit 
     of support under this section include any or all of the 
     remedies described in section 3201, 3203, 3204, or 3205 of 
     title 28, United States Code, as well as an order for 
     specific performance and payment of legal fees and other 
     costs of collection, and include corresponding remedies 
     available under State law. A Federal agency may seek to 
     collect amounts owed under this section in accordance with 
     the provisions of subchapter II of chapter 37 of title 31, 
     United States Code.
       ``(d) Notification of Change of Address.--(1) The sponsor 
     of an alien shall notify the Federal Government and the State 
     in which the sponsored alien is currently residing within 30 
     days of any change of address of the sponsor during the 
     period specified in subsection (a)(1).
       ``(2) Any person subject to the requirement of paragraph 
     (1) who fails to satisfy such requirement shall be subject to 
     a civil penalty of--
       ``(A) not less than $250 or more than $2,000, or
       ``(B) if such failure occurs with knowledge that the 
     sponsored alien has received any benefit under any means-
     tested public benefits program, not less than $2,000 or more 
     than $5,000.
       ``(e) Definitions.--For the purposes of this section--
       ``(1) Sponsor.--The term `sponsor' means, with respect to 
     an alien, an individual who--
       ``(A) is a citizen or national of the United States or an 
     alien who is lawfully admitted to the United States for 
     permanent residence;
       ``(B) is 18 years of age or over;
       ``(C) is domiciled in any State;
       ``(D) demonstrates, through presentation of a certified 
     copy of a tax return or otherwise, (i) the means to maintain 
     an annual income equal to at least 200 percent of the poverty 
     level for the individual and the individual's family 
     (including the alien and any other aliens with respect to 
     whom the individual is a sponsor), or (ii) for an individual 
     who is on active duty (other than active duty for training) 
     in the Armed Forces of the United States, the means to 
     maintain an annual income equal to at least 100 percent of 
     the poverty level for the individual and the individual's 
     family including the alien and any other aliens with respect 
     to whom the individual is a sponsor); and
       ``(E) is petitioning for the admission of the alien under 
     section 204 (or is an individual who accepts joint and 
     several liability with the petitioner).
       ``(2) Federal poverty line.--The term `Federal poverty 
     line' means the income official poverty line (as defined in 
     section 673(2) of the Community Services Block Grant Act) 
     that is applicable to a family of the size involved.
       ``(3) Means-tested public benefits program.--The term 
     `means-tested public benefits program' means a program of 
     public benefits (including cash, medical, housing, and food 
     assistance and social services) of the Federal Government or 
     of a State or political subdivision of a State in which the 
     eligibility of an individual, household, or family 
     eligibility unit for benefits under the program, or the 
     amount of such benefits, or both are determined on the basis 
     of income, resources, or financial need of the individual, 
     household, or unit.''.
       (b) Requirement of Affidavit of Support From Employment 
     Sponsors.--For requirement for affidavit of support from 
     individuals who file classification petitions for a relative 
     as an employment-based immigrant, see the amendment made by 
     section 621(a).
       (c) Settlement of Claims Prior to Naturalization.--Section 
     316 (8 U.S.C. 1427) is amended--
       (1) in subsection (a), by striking ``and'' before ``(3)'', 
     and by inserting before the period at the end the following: 
     ``, and (4) in the case of an applicant that has received 
     assistance under a means-tested public benefits program (as 
     defined in subsection (f)(3) of section 213A) administered by 
     a Federal, State, or local agency and with respect to which 
     amounts may be owing under an affidavit of support executed 
     under such section, provides satisfactory evidence that there 
     are no outstanding amounts that may be owed to any such 
     Federal, State, or local agency pursuant to such affidavit by 
     the sponsor who executed such affidavit, except as provided 
     in subsection (g)''; and
       (2) by adding at the end the following new subsection:
       ``(g) Clause (4) of subsection (a) shall not apply to an 
     applicant where the applicant can demonstrate that--
       ``(A) either--
       ``(i) the applicant has been battered or subject to extreme 
     cruelty in the United States by a spouse or parent or by a 
     member of the spouse or parent's family residing in the same 
     household as the applicant and the spouse or parent consented 
     or acquiesced to such battery or cruelty, or
       ``(ii) the applicant's child has been battered or subject 
     to extreme cruelty in the United States by the applicant's 
     spouse or parent (without the active participation of the 
     applicant in the battery or extreme cruelty), or by a member 
     of the spouse or parent's family residing in the same 
     household as the applicant when the spouse or parent 
     consented or acquiesced to and the applicant did not actively 
     participate in such battery or cruelty;
       ``(B) such battery or cruelty has led to the issuance of an 
     order of a judge or an administrative law judge or a prior 
     determination of the Service; and
       ``(C) the need for the public benefits received as to which 
     amounts are owing had a substantial connection to the battery 
     or cruelty described in subparagraph (A).''.
       (d) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 213 the 
     following:

``Sec. 213A.  Requirements for sponsor's affidavit of support.''.

       (e) Effective Date.--Subsection (a) of section 213A of the 
     Immigration and Nationality

[[Page H2436]]

     Act, as inserted by subsection (a) of this section, shall 
     apply to affidavits of support executed on or after a date 
     specified by the Attorney General, which date shall be not 
     earlier than 60 days (and not later than 90 days) after the 
     date the Attorney General formulates the form for such 
     affidavits under subsection (f) of this section.
       (f) Promulgation of Form.--Not later than 90 days after the 
     date of the enactment of this Act, the Attorney General, in 
     consultation with the Secretary of State and the Secretary of 
     Health and Human Services, shall promulgate a standard form 
     for an affidavit of support consistent with the provisions of 
     section 213A of the Immigration and Nationality Act.
                 TITLE VII--FACILITATION OF LEGAL ENTRY

     SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE 
                   IMPROVEMENTS.

       (a) Increased Personnel.--
       (1) In general.--In order to eliminate undue delay in the 
     thorough inspection of persons and vehicles lawfully 
     attempting to enter the United States, the Attorney General 
     and Secretary of the Treasury shall increase, by 
     approximately equal numbers in each of the fiscal years 1996 
     and 1997, the number of full-time land border inspectors 
     assigned to active duty by the Immigration and Naturalization 
     Service and the United States Customs Service to a level 
     adequate to assure full staffing during peak crossing hours 
     of all border crossing lanes now in use, under construction, 
     or construction of which has been authorized by Congress.
       (2) Deployment of personnel.--The Attorney General and the 
     Secretary of the Treasury shall, to the maximum extent 
     practicable, ensure that the personnel hired pursuant to this 
     subsection shall be deployed among the various Immigration 
     and Naturalization Service sectors in proportion to the 
     number of land border crossings measured in each such sector 
     during the preceding fiscal year.
       (b) Improved Infrastructure.--
       (1) In general.--The Attorney General may, from time to 
     time, in consultation with the Secretary of the Treasury, 
     identify those physical improvements to the infrastructure of 
     the international land borders of the United States necessary 
     to expedite the inspection of persons and vehicles attempting 
     to lawfully enter the United States in accordance with 
     existing policies and procedures of the Immigration and 
     Naturalization Service, the United States Customs Service, 
     and the Drug Enforcement Agency.
       (2) Priorities.--Such improvements to the infrastructure of 
     the land border of the United States shall be substantially 
     completed and fully funded in those portions of the United 
     States where the Attorney General, in consultation with the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate, objectively determines the need to be 
     greatest or most immediate before the Attorney General may 
     obligate funds for construction of any improvement otherwise 
     located.

     SEC. 702. COMMUTER LANE PILOT PROGRAMS.

       (a) Making Land Border Inspection Fee Permanent.--Section 
     286(q) (8 U.S.C. 1356(q)) 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) Conforming Amendment.--The Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161) 
     is amended by striking the fourth proviso under the heading 
     ``Immigration and Naturalization Service, Salaries and 
     Expenses''.

     SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

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


                  ``preinspection at foreign airports

       ``Sec. 235A. (a) Establishment of Preinspection Stations.--
     (1) Subject to paragraph (4), not later than 2 years after 
     the date of the enactment of this section, the Attorney 
     General, in consultation with the Secretary of State, shall 
     establish and maintain preinspection stations in at least 5 
     of the foreign airports that are among the 10 foreign 
     airports which the Attorney General identifies as serving as 
     last points of departure for the greatest numbers of 
     passengers who arrive from abroad by air at ports of entry 
     within the United States. Such preinspection stations shall 
     be in addition to any preinspection stations established 
     prior to the date of the enactment of this section.
       ``(2) Not later than November 1, 1995, and each subsequent 
     November 1, the Attorney General shall compile data 
     identifying--
       ``(A) the foreign airports which served as last points of 
     departure for aliens who arrived by air at United States 
     ports of entry without valid documentation during the 
     preceding fiscal years,
       ``(B) the number and nationality of such aliens arriving 
     from each such foreign airport, and
       ``(C) the primary routes such aliens followed from their 
     country of origin to the United States.
       ``(3) Subject to paragraph (4), not later than 4 years 
     after the date of enactment of this section, the Attorney 
     General, in consultation with the Secretary of State, shall 
     establish preinspection stations in at least 5 additional 
     foreign airports which the Attorney General, in consultation 
     with the Secretary of State, determines based on the data 
     compiled under paragraph (2) and such other information as 
     may be available would most effectively reduce the number of 
     aliens who arrive from abroad by air at points of entry 
     within the United States without valid documentation. Such 
     preinspection stations shall be in addition to those 
     established prior to or pursuant to paragraph (1).
       ``(4) Prior to the establishment of a preinspection station 
     the Attorney General, in consultation with the Secretary of 
     State, shall ensure that--
       ``(A) employees of the United States stationed at the 
     preinspection station and their accompanying family members 
     will receive appropriate protection,
       ``(B) such employees and their families will not be subject 
     to unreasonable risks to their welfare and safety, and
       ``(C) the country in which the preinspection station is to 
     be established maintains practices and procedures with 
     respect to asylum seekers and refugees in accordance with the 
     Convention Relating to the Status of Refugees (done at 
     Geneva, July 28, 1951), or the Protocol Relating to the 
     Status of Refugees (done at New York, January 31, 1967).
       ``(b) Establishment of Carrier Consultant Program.--The 
     Attorney General shall assign additional immigration officers 
     to assist air carriers in the detection of fraudulent 
     documents at foreign airports which, based on the records 
     maintained pursuant to subsection (a)(2), served as a point 
     of departure for a significant number of arrivals at United 
     States ports of entry without valid documentation, but where 
     no preinspection station exists.''.
       (c) Clerical Amendment.--The table of contents, as amended 
     by section 308(a)(2), is further amended by inserting after 
     the item relating to section 235 the following new item:

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

     SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF 
                   FRAUDULENT DOCUMENTS.

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

     ``The Attorney General shall provide for expenditures for 
     training and assistance described in clause (iv) in an 
     amount, for any fiscal year, not less than 5 percent of the 
     total of the expenses incurred that are described in the 
     previous sentence.''.
       (b) Compliance With Detection Regulations.--Section 212(f) 
     (8 U.S.C. 1182(f)) is amended by adding at the end the 
     following: ``Whenever the Attorney General finds that a 
     commercial airline has failed to comply with regulations of 
     the Attorney General relating to requirements of airlines for 
     the detection of fraudulent documents used by passengers 
     traveling to the United States (including the training of 
     personnel in such detection), the Attorney General may 
     suspend the entry of some or all aliens transported to the 
     United States by such airline.''.
       (c) Effective Dates.--
       (1) The amendments made by subsection (a) shall apply to 
     expenses incurred during or after fiscal year 1996.
       (2) The Attorney General shall first issue, in proposed 
     form, regulations referred to in the second sentence of 
     section 212(f) of the Immigration and Nationality Act, as 
     added by the amendment made by subsection (b), by not later 
     than 90 days after the date of the enactment of this Act.
                  TITLE VIII--MISCELLANEOUS PROVISIONS
     Subtitle A--Amendments to the Immigration and Nationality Act

     SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF 
                   MEMBERS OF THE ARMED SERVICES.

       Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
       (1) by striking ``or'' at the end of subparagraph (R),
       (2) by striking the period at the end of subparagraph (S) 
     and inserting ``; or'', and
       (3) by inserting after subparagraph (S) the following new 
     subparagraph:
       ``(T) an alien who is the spouse or child of a another 
     alien who is serving on active duty in the Armed Forces of 
     the United States during the period in which the other alien 
     is stationed in the United States.''.

     SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

       (a) In General.--Section 101(a)(43) (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 inserting ``of this Act'', 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) (8 
     U.S.C. 1101(a)(43)), as amended by section 222(a) 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 the Immigration 
     and Nationality Technical Corrections Act of 1994.''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective as if included in the enactment of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (Public Law 103-416).

     SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

       (a) In General.--Section 202(a) (8 U.S.C. 1152(a)), as 
     amended by section 524(d), is amended--

[[Page H2437]]

       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (6)'', and
       (2) by adding at the end the following new paragraph:
       ``(6) Construction.--Nothing in paragraph (1) 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.''.
       (b) Elimination of Consulate Shopping for Visa Overstays.--
     Section 222 (8 U.S.C. 1202) is amended by adding at the end 
     the following new subsection:
       ``(g) In the case of an alien who has entered and remained 
     in the United States beyond the authorized period of stay, 
     the alien is not eligible to be admitted to the United States 
     as a nonimmigrant on the basis of a visa issued other than in 
     a consular office located in the country of the alien's 
     nationality (or, if there is no office in such country, at 
     such other consular office as the Secretary of State shall 
     specify).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to visas issued before, on, or after the date of 
     the enactment of this Act.

     SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF 
                   APPLICATION FOR VISAS.

       Section 212(b) (8 U.S.C. 1182(b)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B);
       (2) by striking ``If'' and inserting ``(1) Subject to 
     paragraph (2), if''; and
       (3) by inserting at the end the following paragraph:
       ``(2) With respect to applications for visas, the Secretary 
     of State may waive the application of paragraph (1) in the 
     case of a particular alien or any class or classes of aliens 
     inadmissible under subsection (a)(2) or (a)(3).''.

     SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

       Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
       (1) by striking ``and residents'' and inserting ``, 
     residents'', and
       (2) by striking ``nationals,'' and inserting ``nationals, 
     and aliens who are granted permanent residence by the 
     government of the foreign contiguous territory and who are 
     residing in that territory''.

     SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.

       (a) Provisions Relating to Wage Determinations.--Section 
     212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the 
     following new paragraphs:
       ``(3) For purposes of determining the actual wage level 
     paid under paragraph (1)(A)(i)(I), an employer shall not be 
     required to have and document an objective system to 
     determine the wages of workers.
       ``(4) For purposes of determining the actual wage level 
     paid under paragraph (1)(A)(i)(I), a non-H-1B-dependent 
     employer of more than 1,000 full-time equivalent employees in 
     the United States may demonstrate that in determining the 
     wages of H-1B nonimmigrants, it utilizes a compensation and 
     benefits system that has been previously certified by the 
     Secretary of Labor (and recertified at such intervals the 
     Secretary of Labor may designate) to satisfy all of the 
     following conditions:
       ``(A) The employer has a company-wide compensation policy 
     for its full-time equivalent employees which ensures salary 
     equity among employees similarly employed.
       ``(B) The employer has a company-wide benefits policy under 
     which all full-time equivalent employees similarly employed 
     are eligible for substantially the same benefits or under 
     which some employees may accept higher pay, at least equal in 
     value to the benefits, in lieu of benefits.
       ``(C) The compensation and benefits policy is communicated 
     to all employees.
       ``(D) The employer has a human resources or compensation 
     function that administers its compensation system.
       ``(E) The employer has established documentation for the 
     job categories in question.
     An employer's payment of wages consistent with a system which 
     meets the conditions of subparagraphs (A) through (E) of this 
     paragraph which has been certified by the Secretary of Labor 
     pursuant to this paragraph shall be deemed to satisfy the 
     requirements of paragraph (1)(A)(i)(I).
       ``(5) For purposes of determining the prevailing wage level 
     paid under paragraph (1)(A)(i)(II), employers may provide a 
     published survey, a State Employment Security Agency 
     determination, a determination by an accepted private source, 
     or any other legitimate source. The Secretary of Labor shall, 
     not later than 180 days from the date of enactment of this 
     paragraph, provide for acceptance of prevailing wage 
     determinations not made by a State Employment Security 
     Agency. The Secretary of Labor or the Secretary's designate 
     must either accept such a non-State Employment Security 
     Agency wage determination or issue a written decision 
     rejecting the determination and detailing the legitimate 
     reasons that the determination is not acceptable. If a 
     detailed rejection is not issued within 45 days of the date 
     of the Secretary's receipt of such determination, the 
     determination will be deemed accepted. An employer's payment 
     of wages consistent with a prevailing wage determination not 
     rejected by the Secretary of Labor under this paragraph shall 
     be deemed to satisfy the requirements of paragraph 
     (1)(A)(i)(II).''.
       (b) Inapplicability of Certain Regulations to Non-H-1B-
     Dependent Employers.--
       (1) Definition of h-1b-dependent employer.--Section 
     212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by inserting after 
     subparagraph (D) the following new subparagraphs:
       ``(E) In this subsection, the term `H-1B-dependent 
     employer' means an employer that--
       ``(i)(I) has fewer than 21 full-time equivalent employees 
     who are employed in the United States, and (II) employs 4 or 
     more H-1B nonimmigrants; or
       ``(ii)(I) has at least 21 but not more than 150 full-time 
     equivalent employees who are employed in the United States, 
     and (II) employs H-1B nonimmigrants in a number that is equal 
     to at least 20 percent of the number of such full-time 
     equivalent employees; or
       ``(iii)(I) has at least 151 full-time equivalent employees 
     who are employed in the United States, and (II) employs H-1B 
     nonimmigrants in a number that is equal to at least 15 
     percent of the number of such full-time equivalent employees.

     In applying this subparagraph, any group treated as a single 
     employer under subsection (b), (c), (m), or (o) of section 
     414 of the Internal Revenue Code of 1986 shall be treated as 
     a single employer. Aliens employed under a petition for H-1B 
     nonimmigrants shall be treated as employees, and counted as 
     nonimmigrants under section 101(a)(15)(H)(i)(b) under this 
     subparagraph. In this subsection, the term `non-H-1B-
     dependent employer' means an employer that is not an H-1B-
     dependent employer.
       ``(F)(i) An employer who is an H-1B-dependent employer as 
     defined in subparagraph (E) can nevertheless be treated as a 
     non-H-1B-dependent employer for five years on a probationary 
     status if--
       ``(I) the employer has demonstrated to the satisfaction of 
     the Secretary of Labor that it has developed a reasonable 
     plan for reducing its use of H-1B nonimmigrants over a five-
     year period to the level of a non-H-1B-dependent employer, 
     and
       ``(II) annual reviews of that plan by the Secretary of 
     Labor indicate successful implementation of that plan.

     If the employer has not met the requirements established in 
     this clause, the probationary status ends and the employer 
     shall be treated as an H-1B-dependent employer until such 
     time as the employer can prove to the Secretary of Labor that 
     it no longer is an H-1B-dependent employer as defined in 
     subparagraph (E).
       ``(ii) The probationary program set out in clause (i) shall 
     be effective for no longer than five years after the date of 
     the enactment of this subparagraph.''.
       (2) Limiting application of certain requirements for non-h-
     1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)), 
     as amended by subsection (a), is further amended by adding at 
     the end the following new paragraph:
       ``(6) In carrying out this subsection in the case of an 
     employer that is a non-H-1B-dependent employer--
       ``(A) the employer is not required to post a notice at a 
     worksite that was not listed on the application under 
     paragraph (1) if the worksite is within the area of intended 
     employment listed on such application for such nonimmigrant; 
     and
       ``(B) if the employer has filed and had certified an 
     application under paragraph (1) with respect to one or more 
     H-1B nonimmigrants for one or more areas of employment--
       ``(i) the employer is not required to file and have 
     certified an additional application under paragraph (1) with 
     respect to such a nonimmigrant for an area of employment not 
     listed in the previous application because the employer has 
     placed one or more such nonimmigrants in such a nonlisted 
     area so long as either (I) each such nonimmigrant is not 
     placed in such nonlisted areas for a period exceeding 45 
     workdays in any 12-month period and not to exceed 90 workdays 
     in any 36-month period, or (II) each such nonimmigrant's 
     principal place of employment has not changed to a nonlisted 
     area, and
       ``(ii) the employer is not required to pay per diem and 
     transportation costs at any specified rates for work 
     performed in such a nonlisted area.''.
       (3) Limitation on authority to initiate complaints and 
     conduct investigations for non-h-1b-dependent employers.--
     Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
       (A) in the second sentence, by inserting before the period 
     at the end the following: ``, except that the Secretary may 
     only file such a complaint in the case of an H-1B-dependent 
     employer (as defined in subparagraph (E)) or when conducting 
     an annual review of a plan pursuant to subparagraph (F)(i) if 
     there appears to be a violation of an attestation or a 
     misrepresentation of a material fact in an application'', and
       (B) by inserting after the second sentence the following 
     new sentence: ``No investigation or hearing shall be 
     conducted with respect to a non-H-1B-dependent employer 
     except in response to a complaint filed under the previous 
     sentence.''.
       (c) No Displacement of American Workers Permitted.--(1) 
     Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by 
     inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E)(i) If the employer, within the period beginning 6 
     months before and ending 90 days following the date of filing 
     of the application or during the 90 days immediately 
     preceding and following the date of filing of any visa 
     petition supported by the application, has laid off or lays 
     off any protected individual with substantially equivalent 
     qualifications and experience in the specific employment as 
     to which the nonimmigrant is sought or is employed, the 
     employer will pay a wage to the nonimmigrant that is at least 
     110 percent of the arithmetic mean of the last wage earned by 
     all such laid off individuals (or, if greater, at least 110 
     percent of the arithmetic mean of the highest wage earned by 
     all such laid off individuals within the most recent year if 
     the employer reduced the wage of any such laid off individual 
     during

[[Page H2438]]

     such year other than in accordance with a general company-
     wide reduction of wages for substantially all employees).
       ``(ii) Except as provided in clause (iii), in the case of 
     an H-1B-dependent employer which employs an H-1B 
     nonimmigrant, the employer shall not place the nonimmigrant 
     with another employer where--
       ``(I) the nonimmigrant performs his or her duties in whole 
     or in part at one or more worksites owned, operated, or 
     controlled by such other employer, and
       ``(II) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer.
       ``(iii) Clause (ii) shall not apply to an employer's 
     placement of an H-1B nonimmigrant with another employer if--
       ``(I) the other employer has executed an attestation that 
     it, within the period beginning 6 months before and ending 90 
     days following the date of filing of the application or 
     during the 90 days immediately preceding and following the 
     date of filing of any visa petition supported by the 
     application, has not laid off and will not lay off any 
     protected individual with substantially equivalent 
     qualifications and experience in the specific employment as 
     to which the H-1B nonimmigrant is being sought or is 
     employed, or
       ``(II) the employer pays a wage to the nonimmigrant that is 
     at least 110 percent of the arithmetic mean of the last wage 
     earned by all such laid off individuals (or, if greater, at 
     least 110 percent of the arithmetic mean of the highest wage 
     earned by all such laid off individuals within the most 
     recent year if the other employer reduced the wage of any 
     such laid off individual during such year other than in 
     accordance with a general company-wide reduction of wages for 
     substantially all employees).
       ``(iv) For purposes of this subparagraph, the term `laid 
     off', with respect to an individual--
       ``(I) refers to the individual's loss of employment, other 
     than a discharge for inadequate performance, cause, voluntary 
     departure, or retirement, and
       ``(II) does not include any situation in which the 
     individual involved is offered, as an alternative to such 
     loss of employment, a similar job opportunity with the same 
     employer (or with the H-1B-dependent employer described in 
     clause (ii)) carrying equivalent or higher compensation and 
     benefits as the position from which the employee was laid 
     off, regardless of whether or not the employee accepts the 
     offer.
       ``(v) For purposes of this subparagraph, the term 
     `protected individual' means an individual who--
       ``(I) is a citizen or national of the United States, or
       ``(II) is an alien who is lawfully admitted for permanent 
     residence, is granted the status of an alien lawfully 
     admitted for temporary residence under section 210(a), 
     210A(a), or 245(a)(1), is admitted as a refugee under section 
     207, or is granted asylum under section 208.''.
       (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
     subsection (b)(1), is amended by adding at the end the 
     following new subparagraph:
       ``(G) Under regulations of the Secretary, the previous 
     provisions of this paragraph shall apply to complaints 
     respecting a failure of an other employer to comply with an 
     attestation described in paragraph (1)(E)(iii)(I) in the same 
     manner that they apply to complaints with respect to a 
     failure to comply with a condition described in paragraph 
     (1)(E)(i).''.
       (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is 
     amended by inserting ``or (1)(E)'' after ``(1)(B)''.
       (d) Increased Penalties.--Section 212(n)(2) is amended--
       (1) in subparagraph (C)(i), by striking ``$1,000'' and 
     inserting ``$5,000'';
       (2) by amending subparagraph (C)(ii) to read as follows:
       ``(ii) the Attorney General shall not approve petitions 
     filed with respect to that employer (or any employer who is a 
     successor in interest) under section 204 or 214(c) for aliens 
     to be employed by the employer--
       ``(I) during a period of at least 1 year in the case of the 
     first determination of a violation or any subsequent 
     determination of a violation occurring within 1 year of that 
     first violation or any subsequent determination of a 
     nonwillful violation occurring more than 1 year after the 
     first violation;
       ``(II) during a period of at least 5 years in the case of a 
     determination of a willful violation occurring more than 1 
     year after the first violation; and
       ``(III) at any time in the case of a determination of a 
     willful violation occurring more than 5 years after a 
     violation described in subclause (II).''; and
       (3) in subparagraph (D), by adding at the end the 
     following: ``If a penalty under subparagraph (C) has been 
     imposed in the case of a willful violation, the Secretary 
     shall impose on the employer a civil monetary penalty in an 
     amount equalling twice the amount of backpay.''.
       (e) Computation of Prevailing Wage Level.--Section 212(n) 
     (8 U.S.C. 1182(n)), as amended by subsections (a) and (b)(2), 
     is further amended by adding at the end the following new 
     paragraph:
       ``(7) In computing the prevailing wage level for an 
     occupational classification in an area of employment for 
     purposes of paragraph (1)(A)(i)(II) and subsection (a)(5)(A) 
     in the case of an employee of (A) an institution of higher 
     education (as defined in section 1201(a) of the Higher 
     Education Act of 1965), or a related or affiliated nonprofit 
     entity, or (B) a nonprofit scientific research organization, 
     the prevailing wage level shall only take into account 
     employees at such institutions and entities in the area of 
     employment.''.
       (f) Conforming Amendments.--Section 212(n) (8 U.S.C. 
     1182(n)) is further amended--
       (1) in the matter in paragraph (1) before subparagraph (A), 
     by inserting ``(in this subsection referred to as an `H-1B 
     nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
       (2) in paragraph (1)(A), by striking ``nonimmigrant 
     described in section 101(a)(15)(H)(i)(b)'' and inserting ``H-
     1B nonimmigrant''.
       (g) Effective Dates.--
       (1) Except as otherwise provided in this subsection, the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act and shall apply to applications 
     filed with the Secretary of Labor on or after 30 days after 
     the date of the enactment of this Act.
       (2) The amendments made by subsection (b)(3) shall apply to 
     complaints filed, and to investigations or hearings 
     initiated, on or after January 19, 1995.

     SEC. 807. VALIDITY OF PERIOD OF VISAS.

       (a) Extension of Validity of Immigrant Visas to 6 Months.--
     Section 221(c) (8 U.S.C. 1201(c)) is amended by striking 
     ``four months'' and inserting ``six months''.
       (b) Authorizing Application of Reciprocity Rule for 
     Nonimmigrant Visa in Case of Refugees and Permanent 
     Residents.--Such section is further amended by inserting 
     before the period at the end of the third sentence the 
     following: ``; except that in the case of aliens who are 
     nationals of a foreign country and who either are granted 
     refugee status and firmly resettled in another foreign 
     country or are granted permanent residence and residing in 
     another foreign country, the Secretary of State may prescribe 
     the period of validity of such a visa based upon the 
     treatment granted by that other foreign country to alien 
     refugees and permanent residents, respectively, in the United 
     States''.

     SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS 
                   NOT LAWFULLY PRESENT IN THE UNITED STATES.

       (a) In General.--Section 245(i)(1) (8 U.S.C. 1255), as 
     added by section 506(b) of the Department of State and 
     Related Agencies Appropriations Act, 1995 (Public Law 103-
     317, 108 Stat. 1765), is amended by striking all that follows 
     ``equalling'' through ``application,'' and inserting 
     ``$2,500''.
       (b) Elimination of Limitation.--Section 212 (8 U.S.C. 1182) 
     is amended by striking subsection (o).
       (c) Effective Date.--The amendments made by this section 
     shall apply to applications for adjustment of status filed 
     after September 30, 1996.

     SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS FILES.

       (a) Legalization Program.--Section 245A(c)(5) (8 U.S.C. 
     1255a(c)(5)) is amended--
       (1) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively;
       (2) by striking ``Neither'' and inserting ``(A) Except as 
     provided in this paragraph, neither'';
       (3) by redesignating the last sentence as subparagraph (D);
       (4) by striking the semicolon and inserting a period;
       (5) by striking ``except that the'' and inserting the 
     following:
       ``(B) The'';
       (6) by inserting after subparagraph (B), as created by the 
     amendment made by paragraph (5), the following:
       ``(C) The Attorney General may authorize an application to 
     a Federal court of competent jurisdiction for, and a judge of 
     such court may grant, an order authorizing disclosure of 
     information contained in the application of the alien under 
     this section to be used--
       ``(i) for identification of the alien when there is reason 
     to believe that the alien has been killed or severely 
     incapacitated; or
       ``(ii) for criminal law enforcement purposes against the 
     alien whose application is to be disclosed if the alleged 
     criminal activity occurred after the legalization application 
     was filed and such activity involves terrorist activity or 
     poses either an immediate risk to life or to national 
     security, or would be prosecutable as an aggravated felony, 
     but without regard to the length of sentence that could be 
     imposed on the applicant.''; and
       (7) by adding at the end the following new subparagraph:
       ``(E) Nothing in this paragraph shall preclude the release 
     for immigration enforcement purposes of the following 
     information contained in files or records of the Service 
     pertaining to the application:
       ``(i) The immigration status of the applicant on any given 
     date after the date of filing the application (including 
     whether the applicant was authorized to work) but only for 
     purposes of a determination of whether the applicant is 
     eligible for relief from deportation or removal and not 
     otherwise.
       ``(ii) The date of the applicant's adjustment (if any) to 
     the status of an alien lawfully admitted for permanent 
     residence.
       ``(iii) Information concerning whether the applicant has 
     been convicted of a crime occurring after the date of filing 
     the application.
       ``(iv) The date or disposition of the application.''.
       (b) Special Agricultural Worker Program.--Section 210(b) of 
     such Act (8 U.S.C. 1160(b)) is amended--
       (1) in paragraph (5), by inserting ``, except as permitted 
     under paragraph (6)(B)'' after ``consent of the alien''; and
       (2) in paragraph (6)--
       (A) in subparagraph (A), by striking the period at the end 
     and inserting a comma,
       (B) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively,
       (C) by striking ``Neither'' and inserting ``(A) Except as 
     provided in subparagraph (B), neither'',
       (D) by striking ``Anyone'' and inserting the following:

[[Page H2439]]

       ``(C) Anyone'',
       (E) by inserting after the first sentence the following:
       ``(B) The Attorney General may authorize an application to 
     a Federal court of competent jurisdiction for, and a judge of 
     such court may grant, an order authorizing disclosure of 
     information contained in the application of the alien to be 
     used--
       ``(i) for identification of the alien when there is reason 
     to believe that the alien has been killed or severely 
     incapacitated, or
       ``(ii) for criminal law enforcement purposes against the 
     alien whose application is to be disclosed if the alleged 
     criminal activity occurred after the special agricultural 
     worker application was filed and such activity involves 
     terrorist activity or poses either an immediate risk to life 
     or to national security, or would be prosecutable as an 
     aggravated felony, but without regard to the length of 
     sentence that could be imposed on the applicant.'', and
       (F) by adding at the end the following new subparagraph:
       ``(D) Nothing in this paragraph shall preclude the release 
     for immigration enforcement purposes of the following 
     information contained in files or records of the Service 
     pertaining to the application:
       ``(i) The immigration status of the applicant on any given 
     date after the date of filing the application (including 
     whether the applicant was authorized to work).
       ``(ii) The date of the applicant's adjustment (if any) to 
     the status of an alien lawfully admitted for permanent 
     residence.
       ``(iii) Information concerning whether the applicant has 
     been convicted of a crime occurring after the date of filing 
     the application.
       ``(iv) The date or disposition of the application.''.

     SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

       Section 248 (8 U.S.C. 1258) is amended by inserting at the 
     end the following:

     ``Any alien whose status is changed under this section may 
     apply to the Secretary of State for a visa without having to 
     leave the United States and apply at the visa office.''.
                      Subtitle B--Other Provisions

     SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH 
                   CERTIFICATES.

       Section 141 of the Immigration Act of 1990 is amended--
       (1) in subsection (b)--
       (A) by striking ``and'' at the end of paragraph (1),
       (B) by striking the period at the end of paragraph (2) and 
     inserting ``; and'', and
       (C) by adding at the end the following new paragraph:
       ``(3) transmit to Congress, not later than January 1, 1997, 
     a report containing recommendations (consistent with 
     subsection (c)(3)) of methods of reducing or eliminating the 
     fraudulent use of birth certificates for the purpose of 
     obtaining other identity documents that may be used in 
     securing immigration, employment, or other benefits.''; and
       (2) by adding at the end of subsection (c), the following 
     new paragraph:
       ``(3) For report on reducing birth certificate fraud.--In 
     the report described in subsection (b)(3), the Commission 
     shall consider and analyze the feasibility of--
       ``(A) establishing national standards for counterfeit-
     resistant birth certificates, and
       ``(B) limiting the issuance of official copies of a birth 
     certificate of an individual to anyone other than the 
     individual or others acting on behalf of the individual.''.

     SEC. 832. UNIFORM VITAL STATISTICS.

       (a) Pilot Program.--The Secretary of Health and Human 
     Services shall consult with the State agency responsible for 
     registration and certification of births and deaths and, 
     within 2 years of the date of enactment of this Act, shall 
     establish a pilot program for 3 of the 5 States with the 
     largest number of undocumented aliens of an electronic 
     network linking the vital statistics records of such States. 
     The network shall provide, where practical, for the matching 
     of deaths with births and shall enable the confirmation of 
     births and deaths of citizens of such States, or of aliens 
     within such States, by any Federal or State agency or 
     official in the performance of official duties. The Secretary 
     and participating State agencies shall institute measures to 
     achieve uniform and accurate reporting of vital statistics 
     into the pilot program network, to protect the integrity of 
     the registration and certification process, and to prevent 
     fraud against the Government and other persons through the 
     use of false birth or death certificates.
       (b) Report.--Not later than 180 days after the 
     establishment of the pilot program under subsection (a), the 
     Secretary shall issue a written report to Congress with 
     recommendations on how the pilot program could effectively be 
     instituted as a national network for the United States.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal year 1996 and for subsequent 
     fiscal years such sums as may be necessary to carry out this 
     section.

     SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT 
                   AGENCIES, AND THE IMMIGRATION AND 
                   NATURALIZATION SERVICE.

       Notwithstanding any other provision of Federal, State, or 
     local law, no State or local government entity shall 
     prohibit, or in any way restrict, any government entity or 
     any official within its jurisdiction from sending to or 
     receiving from the Immigration and Naturalization Service 
     information regarding the immigration status, lawful or 
     unlawful, of an alien in the United States. Notwithstanding 
     any other provision of Federal, State, or local law (and 
     excepting the attorney-client privilege), no State or local 
     government entity may be prohibited, or in any way 
     restricted, from sending to or receiving from the Immigration 
     and Naturalization Service information regarding the 
     immigration status, lawful or unlawful, of an alien in the 
     United States.

     SEC. 834. CRIMINAL ALIEN REIMBURSEMENT COSTS.

       Amounts appropriated to carry out section 501 of the 
     Immigration and Reform Act of 1986 for fiscal year 1995 shall 
     be available to carry out section 242(j) of the Immigration 
     and Nationality Act in that fiscal year with respect to 
     undocumented criminal aliens incarcerated under the authority 
     of political subdivisions of a State.

     SEC. 835. FEMALE GENITAL MUTILATION.

       (a) Information Regarding Female Genital Mutilation.--The 
     Immigration and Naturalization Service (in cooperation with 
     the Department of State) shall make available for all aliens 
     who are issued immigrant or nonimmigrant visas, prior to or 
     at the time of entry into the United States, the following 
     information:
       (1) Information on the severe harm to physical and 
     psychological health caused by female genital mutilation 
     which is compiled and presented in a manner which is limited 
     to the practice itself and respectful to the cultural values 
     of the societies in which such practice takes place.
       (2) Information concerning potential legal consequences in 
     the United States for (A) performing female genital 
     mutilation, or (B) allowing a child under his or her care to 
     be subjected to female genital mutilation, under criminal or 
     child protection statutes or as a form of child abuse.
       (b) Limitation.--In consultation with the Secretary of 
     State, the Commissioner of Immigration and Naturalization 
     shall identify those countries in which female genital 
     mutilation is commonly practiced and, to the extent 
     practicable, limit the provision of information under 
     subsection (a) to aliens from such countries.
       (c) Definition.--For purposes of this section, the term 
     ``female genital mutilation'' means the removal or 
     infibulation (or both) of the whole or part of the clitoris, 
     the labia minora, or labia majora.

     SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER PILOT 
                   PROGRAM COUNTRY WITH PROBATIONARY STATUS.

       Notwithstanding any other provision of law, Portugal is 
     designated as a visa waiver pilot program country with 
     probationary status under section 217(g) of the Immigration 
     and Nationality Act for each of the fiscal years 1996, 1997, 
     and 1998.
                   Subtitle C--Technical Corrections

     SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) Amendments Relating to Public Law 103-322 (Violent 
     Crime Control and Law Enforcement Act of 1994).--
       (1) Section 60024(1)(F) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322) (in this 
     subsection referred to as ``VCCLEA'') is amended by inserting 
     ``United States Code,'' after ``title 18,''.
       (2) Section 130003(b)(3) of VCCLEA is amended by striking 
     ``Naturalization'' and inserting ``Nationality''.
       (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
     redesignating the subsection (j), added by section 
     130003(b)(2) of VCCLEA (108 Stat. 2025), and the subsection 
     (k), added by section 220(b) of the Immigration and 
     Nationality Technical Amendments Act of 1994 (Public Law 103-
     416, 108 Stat. 4319), as subsections (k) and (l), 
     respectively.
       (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
     amended by striking ``214(j)'' and inserting ``214(k)''.
       (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
     redesignating the subsection (i) added by section 
     130003(c)(1) of VCCLEA as subsection (j).
       (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
     1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of 
     VCCLEA and before redesignation by section 305(a)(2), is 
     amended by striking ``245(i)'' and inserting ``245(j)''.
       (5) Section 245(j)(3), as added by section 130003(c)(1) of 
     VCCLEA and as redesignated by paragraph (4)(A), is amended by 
     striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
     (1) or (2)''.
       (6) Section 130007(a) of VCCLEA is amended by striking 
     ``242A(d)'' and inserting ``242A(a)(3)''.
       (7) The amendments made by this subsection shall be 
     effective as if included in the enactment of the VCCLEA.
       (b) Amendments Relating to Immigration and Nationality 
     Technical Corrections Act of 1994.--
       (1) Section 101(d) of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416) (in 
     this subsection referred to as ``INTCA'') is amended--
       (A) by striking ``Application'' and all that follows 
     through ``This'' and inserting ``Applicability of 
     Transmission Requirements.--This'';
       (B) by striking ``any residency or other retention 
     requirements for'' and inserting ``the application of any 
     provision of law relating to residence or physical presence 
     in the United States for purposes of transmitting United 
     States''; and
       (C) by striking ``as in effect'' and all that follows 
     through the end and inserting ``to any person whose claim is 
     based on the amendment made by subsection (a) or through whom 
     such a claim is derived.''.
       (2) Section 102 of INTCA is amended by adding at the end 
     the following new subsection:
       ``(e) Transition.--In applying the amendment made by 
     subsection (a) to children born before November 14, 1986, any 
     reference in the matter inserted by such amendment to `five 
     years, at least two of which' is deemed a reference to `10 
     years, at least 5 of which'.''.

[[Page H2440]]

       (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by 
     section 105(a)(2)(A) of INTCA, is amended by striking the 
     comma after ``nationality''.
       (4) Section 207(2) of INTCA is amended by inserting a comma 
     after ``specified''.
       (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
       (A) in subparagraph (K)(ii), by striking the comma after 
     ``1588'', and
       (B) in subparagraph (O), by striking ``suspicion'' and 
     inserting ``suspension''.
       (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by 
     section 209(a) of INTCA, is amended by striking ``remain'' 
     and inserting ``remains''.
       (7) Section 209(a)(1) of INTCA is amended by striking 
     ``$3000'' and inserting ``$3,000''.
       (8) Section 209(b) of INTCA is amended by striking 
     ``subsection'' and inserting ``section''.
       (9) Section 217(f) (8 U.S.C. 1187(f)), as amended by 
     section 210 of INTCA, is amended by adding a period at the 
     end.
       (10) Section 219(cc) of INTCA is amended by striking `` 
     `year 1993 the first place it appears' '' and inserting `` 
     `year 1993' the first place it appears''.
       (11) Section 219(ee) of INTCA is amended by adding at the 
     end the following new paragraph:
       ``(3) The amendments made by this subsection shall take 
     effect on the date of the enactment of this Act.''.
       (12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
     1356(r)) are amended by inserting ``the'' before ``Fund'' 
     each place it appears.
       (13) Section 221 of INTCA is amended--
       (A) by striking each semicolon and inserting a comma,
       (B) by striking ``disasters.'' and inserting 
     ``disasters,'', and
       (C) by striking ``The official'' and inserting ``the 
     official''.
       (14) Section 242A (8 U.S.C. 1252a), as added by section 
     224(a) of INTCA and before redesignation as section 238 by 
     section 308(b)(5), is amended by redesignating subsection (d) 
     as subsection (c).
       (15) Section 225 of INTCA is amended--
       (A) by striking ``section 242(i)'' and inserting ``sections 
     242(i) and 242A'', and
       (B) by inserting ``, 1252a'' after ``1252(i)''.
       (16) Except as otherwise provided in this subsection, the 
     amendments made by this subsection shall take effect as if 
     included in the enactment of INTCA.
       (c) Striking References to Section 210A.--
       (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and 
     section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each 
     amended by striking ``, 210A,''.
       (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
     redesignation by section 305(a)(2), is amended by striking 
     subparagraph (F).
       (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
     Reform and Control Act of 1986 are each amended by striking 
     ``, 210A,''.
       (d) Miscellaneous Changes in the Immigration and 
     Nationality Act.--
       (1) Before being amended by section 308(a), the item in the 
     table of contents relating to section 242A is amended to read 
     as follows:

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

       (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
     striking ``, 321, and 322'' and inserting ``and 321''.
       (3) Pursuant to section 6(b) of Public Law 103-272 (108 
     Stat. 1378)--
       (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended by 
     striking ``section 101(3) of the Federal Aviation Act of 
     1958'' and inserting ``section 40102(a)(2) of title 49, 
     United States Code''; and
       (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is amended by 
     striking ``section 105 or 106 of the Hazardous Materials 
     Transportation Act (49 U.S.C. App. 1804, 1805)'' and 
     inserting ``section 5103(b), 5104, 5106, 5107, or 5110 of 
     title 49, United States Code''.
       (4) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is 
     amended by inserting a period after ``expended''.
       (5) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
     amended--
       (A) by striking ``and'' at the end of clause (iv),
       (B) by moving clauses (v) and (vi) 2 ems to the left,
       (C) by striking ``; and'' in clauses (v) and (vi) and 
     inserting ``and for'',
       (D) by striking the colons in clauses (v) and (vi), and
       (E) by striking the period at the end of clause (v) and 
     inserting ``; and''.
       (6) Section 412(b) (8 U.S.C. 1522(b)) is amended by 
     striking the comma after ``is authorized'' in paragraph (3) 
     and after ``The Secretary'' in paragraph (4).
       (e) Miscellaneous Change in the Immigration Act of 1990.--
     Section 161(c)(3) of the Immigration Act of 1990 is amended 
     by striking ``an an'' and inserting ``of an''.
       (f) Miscellaneous Changes in Other Acts.--
       (1) Section 506(a) of the Intelligence Authorization Act, 
     Fiscal Year 1990 (Public Law 101-193) is amended by striking 
     ``this section'' and inserting ``such section''.
       (2) Section 140 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995, as amended by section 505(2) of 
     Public Law 103-317, is amended--
       (A) by moving the indentation of subsections (f) and (g) 2 
     ems to the left, and
       (B) in subsection (g), by striking ``(g)'' and all that 
     follows through ``shall'' and inserting ``(g) Subsections (d) 
     and (e) shall''.
  The CHAIRMAN. No other amendments are in order except the amendments 
printed in part 2 of the report and pursuant to the order of the House 
of today and amendments en bloc described in section 2 of House 
Resolution 384. Amendments printed in part 2 of the report shall be 
considered in the order printed, may be offered only by a member 
designated in the report, shall be considered read, shall not be 
subject to amendment except as specified in the report, and shall not 
be subject to a demand for division of the question. Debate time for 
each amendment shall be equally divided and controlled by the proponent 
and an opponent of the amendment.
  The Chairman of the Committee of the Whole may postpone until a time 
during further consideration in the Committee of the Whole a request 
for a recorded vote on any amendment made in order by the resolution 
and may reduce to not less than 5 minutes the time for voting by 
electronic device on any postponed question that immediately follows 
another vote by electronic device without intervening business, 
provided that the time for voting by electronic device on the first in 
any series of questions shall not be less than 15 minutes.
  It shall be in order at any time for the chairman of the Committee on 
the Judiciary or a designee to offer amendments en bloc consisting of 
amendments printed in the report not earlier disposed of or germane 
modifications of such amendments.
  The amendments en bloc shall be considered read (except that 
modifications shall be reported), shall not be subject to amendment or 
to a demand for a division of the question, and shall be debatable for 
20 minutes, equally divided and controlled by the chairman and ranking 
minority member of the Committee on the Judiciary or their designees.
  The original proponents of the amendments en bloc shall have 
permission to insert statements in the Congressional Record immediately 
before disposition of the amendments en bloc.
  It is now in order to consider amendment No. 1 printed in part 2 of 
House Report 104-483.


                amendment offered by mr. smith of texas

  Mr. SMITH of Texas. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Smith of Texas:
       In section 1(a), strike ``1995'' and insert ``1996'' and 
     conform subsequent references throughout the bill 
     accordingly.

     [TITLE I AMENDMENTS:]
       In section 102(d)(1), add at the end the following: ``The 
     previous sentence shall not apply to border patrol agents 
     located at checkpoints.''.
       In section 104(b)(1), strike ``6 months'' and insert ``18 
     months''.
       At the end of section 112(a), relating to a pilot program 
     for the use of closed military bases, add the following new 
     sentence: ``In selecting real property at a military base for 
     use as a detention center under the pilot program, the 
     Attorney General and the Secretary shall consult with the 
     redevelopment authority established for the military base and 
     give substantial deference to the redevelopment plan prepared 
     for the military base.''.

     [TITLE II AMENDMENTS]
       In section 204(a), strike ``fiscal year 1996'' and insert 
     ``fiscal year 1997'' and strike ``1994'' and insert ``1996''.
       Amend subsection (b) of section 204 to read as follows:
       (b) Assignment.--Individuals employed to fill the 
     additional positions described in subsection (a) shall 
     prosecute persons who bring into the United States or harbor 
     illegal aliens or violate other criminal statutes involving 
     illegal aliens.
     [TITLE III AMENDMENTS]
       In section 301(a), in proposed paragraph (13)(A), insert 
     ``lawful'' before ``entry''.
       In section 301(c), amend subclause (V) of proposed 
     subparagraph (B)(ii) to read as follows:

       ``(V) Battered women and children.--Clause (i) shall not 
     apply to an alien who would be described in paragraph (9)(B) 
     if `violation of the terms of the alien's nonimmigrant visa' 
     were substituted for `unlawful entry into the United States ' 
     in clause (iii) of that paragraph.

       In section 301, add at the end the following new 
     subsection:
       (h) Waivers for Immigrants Convicted of Crimes.--Section 
     212(h) (8 U.S.C. 1182(h)) is amended by adding at the end the 
     following: ``No waiver shall be granted under this subsection 
     to an immigrant who previously has been admitted to the 
     United States unless that alien has fulfilled the time in 
     status and continuous residence requirements of section 
     212(c). No court shall have jurisdiction to review a decision 
     of the Attorney General to grant or deny a waiver under this 
     subsection.''.
       *In section 304(a)(3), in the new section 240A of the 
     Immigration and Nationality

[[Page H2441]]

     Act, add at the end the following new subsection:
       ``(e) Annual Limitation.--The Attorney General may not 
     cancel the removal and adjust the status under this section, 
     nor suspend the deportation and adjust the status under 
     section 244(a) (as in effect before the enactment of the 
     Immigration in the National Interest Act of 1996), of a total 
     of more than 4,000 aliens in any fiscal year. The previous 
     sentence shall apply regardless of when an alien applied for 
     such cancellation and adjustment and whether such an alien 
     had previously applied for suspension of deportation under 
     such section 244(a).

       In section 305(a)(3), amend paragraph (4) of section 241(a) 
     of the Immigration and Nationality Act (inserted by such 
     section) to read as follows:
       ``(4) Aliens imprisoned, arrested, or on parole, supervised 
     release, or probation.--
       ``(A) In general.--Except as provided in section 343(a) of 
     the Public Health Service Act (42 U.S.C. 259(a)) and 
     paragraph (2), the Attorney General may not remove an alien 
     who is sentenced to imprisonment until the alien is released 
     from imprisonment. Parole, supervised release, probation, or 
     possibility of arrest or further imprisonment is not a reason 
     to defer removal.
       ``(B) Exception for removal of nonviolent offernders prior 
     to completion of sentence of imprisonment.--The Attorney 
     General is authorized to remove an alien in accordance with 
     applicable procedures under this Act before the alien has 
     completed a sentence of imprisonment--
       ``(i) in the case of an alien in the custody of the 
     Attorney General, if the Attorney General determines that (I) 
     the alien is confined pursuant to a final conviction for a 
     nonviolent offense (other than an offense related to 
     smuggling or harboring of aliens) and (II) the removal of the 
     alien is appropriate and in the best interest of the United 
     States; or
       ``(ii) in the case of an alien in the custody of a State 
     (or a political subdivision of a State), if the chief State 
     official exercising authority with respect to the 
     incarceration of the alien determines that (I) the alien is 
     confined pursuant to a final conviction for a nonviolent 
     offense, (II) the removal is appropriate and in the best 
     interest of the State, and (III) submits a written request to 
     the Attorney General that such alien be so removed.
       ``(C) Notice.--Any alien removed pursuant to this paragraph 
     shall be notified of the penalties under the laws of the 
     United States relating to the reentry of deported aliens, 
     particularly the expanded penalties for aliens removed under 
     subparagraph (B).''.
       In section 305(a)(3), in new section 241(b) of the 
     Immigration and Nationality Act, add at the end the following 
     new paragraph:
       ``(3) Restriction on removal to a country where alien's 
     life or freedom would be threatened.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (2), 
     the Attorney General may not remove an alien to a country if 
     the Attorney General decides that the alien's life or freedom 
     would be threatened in that country because of the alien's 
     race, religion, nationality, membership in a particular 
     social group, or political opinion.
       ``(B) Exception.--Subparagraph (A) does not apply to an 
     alien deportable under section 237(a)(4)(D) or if the 
     Attorney General decides that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of an individual because of 
     the individual's race, religion, nationality, membership in a 
     particular social group, or political opinion;
       ``(ii) the alien, having been convicted by a final judgment 
     of a particularly serious crime is a danger to the community 
     of the United States;
       ``(iii) there are serious reasons to believe that the alien 
     committed a serious nonpolitical crime outside the United 
     States before the alien arrived in the United States; or
       ``(iv) there are reasonable grounds to believe that the 
     alien is a danger to the security of the United States.

     For purposes of clause (ii), an alien who has been convicted 
     of an aggravated felony (or felonies) for which the alien has 
     been sentenced to an aggregate term of imprisonment of at 
     least 5 years shall be considered to have committed a 
     particularly serious crime. For purposes of clause (iv), an 
     alien who is described in section 237(a)(4)(B) shall be 
     considered to be an alien with respect to whom there are 
     reasonable grounds for regarding as a danger to the security 
     of the United States.
       In section 305(a), in new section 241(d)(2), strike ``any 
     travel documents necessary for departure or repatriation of 
     the stowaway have been obtained'' and insert ``the requester 
     has obtained any travel documents necessary for departure or 
     repatriation of the stowaway''.
       In section 305, redesignate subsection (c) as subsection 
     (d) and insert after subsection (b) the following new 
     section:
       (c) Reentry of Alien Removed Prior to Completion of Term of 
     Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended 
     by section 321(b), is amended--
       (1) by striking ``or'' at the end of paragraph (2),
       (2) by adding ``or'' at the end of paragraph (3), and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) who was removed from the United States pursuant to 
     section 241(a)(4)(B) who thereafter, without the permission 
     of the Attorney General, enters, attempts to enter, or is at 
     any time found in, the United States (unless the Attorney 
     General has expressly consented to such alien's reentry) 
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 10 years, or both.''.

       At the end of section 306, add the following new 
     subsection:
       (c) Treatment of Political Subdivisions.--Effective as of 
     the date of the enactment of this Act, section 242(j), before 
     being redesignated and moved under subsection (a)(1), is 
     amended by adding at the end the following new paragraph:
       ``(6) For purposes of this subsection, the term `political 
     subdivision' includes a county, city, municipality, or other 
     similar subdivision recognized under State law.''.

       In section 308(g)(10), add at the end the following:
       (H) Section 212(h), as amended by section 301(h), is 
     amended by striking ``section 212(c)'' and inserting 
     ``paragraphs (1) and (2) of section 240A(a)''.
       In section 309(a), insert ``, 301(h), or 306(c)'' after 
     ``301(f)''.
       *In section 309(c), add at the end the following new 
     paragraph:
       (7) Limitation on suspension of deportation.--The Attorney 
     General may not suspend the deportation and adjust the status 
     under section 244 of the Immigration and Nationality Act of 
     more than 4,000 aliens in any fiscal year (beginning after 
     the date of the enactment of this Act). The previous sentence 
     shall apply regardless of when an alien applied for such 
     suspension and adjustment.
       After section 342, insert the following new section (and 
     conform the table of contents accordingly):

     SEC. 343. PROVISIONS RELATING TO CONTRACTS WITH 
                   TRANSPORTATION LINES.

       (a) Coverage of Noncontiguous Territory.--.--Section 238 (8 
     U.S.C. 1228), before redesignation as section 233 under 
     section 308(b), is amended--
       (1) in the heading, by striking ``contiguous'', and
       (2) by striking ``contiguous'' each place it appears in 
     subsections (a), (b), and (d).
       (b) Coverage of Railroad Train.--Subsection (d) of such 
     section is further amended by inserting `` or railroad 
     train'' after ``aircraft''.
       In section 308(a)(2), in the item inserted relating to 
     section 233, strike ``contiguous''.
       Strike section 356 and insert the following (and conform 
     the table of contents accordingly):

     SEC. 356. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL 
                   ALIENS IN INCARCERTAION FACILITY OF ANAHEIM, 
                   CALIFORNIA.

       (a) Authority.--The Attorney General may conduct a project 
     demonstrating the feasibility of identifying, from among the 
     individuals who are incarcerated in local governmental prison 
     facilities prior to arraignment on criminal charges, those 
     individuals who are aliens unlawfully present in the United 
     States.
       (b) Description of Project.--The project authorized by 
     subsection (a) shall include--
       (1) the detail to incarceration facilities within the city 
     of Anaheim, California and the county of Ventura, California, 
     of an employee of the Immigration and Naturalization Service 
     who has expertise in the identification of aliens unlawfully 
     in the United States, and
       (2) provision of funds sufficient to provide for--
       (A) access for such employee to records of the Service 
     necessary to identify unlawful aliens, and
       (B) in the case of an individual identified as an unlawful 
     alien, pre-arraignment reporting to the court regarding the 
     Service's intention to remove the alien from the United 
     States.
       (c) Termination.--The authority under this section shall 
     cease to be effective 6 months after the date of the 
     enactment of this Act.
       In section 359(a), strike the quotation marks at the end of 
     the matter inserted and insert the following:
       ``(C) The amounts required to be refunded from the 
     Immigration Enforcement Account for fiscal year 1996 and 
     thereafter shall be refunded in accordance with estimates 
     made in the budget request of the Attorney General for those 
     fiscal years. Any proposed changes in the amounts designated 
     in such budget requests shall only be made after notification 
     to the Committees on Appropriations of the House of 
     Representatives amd the Senate in accordance with section 605 
     of Public Law 103-317.
       ``(D) The Attorney General shall prepare and submit 
     annually to the Congress statements of financial condition of 
     the Immigration Enforcement Account, including beginning 
     account balance, revenues, withdrawals, and ending account 
     balance and projection for the ensuing fiscal year.''.

     [TITLE V AMENDMENTS]
       At the end of section 512, add the following new 
     subsection:
       (c) Permitting Performance Bond in Lieu of Insurance.--
     Section 213 (8 U.S.C. 1183) is amended--
       (1) by inserting ``(a)'' after ``213.'', and
       (2) by adding at the end the following new subsection:
       ``(b)(1) In General.--An alien excludable under paragraph 
     (4)(D) of section 212(a) may, if otherwise admissible, be 
     admitted in the

[[Page H2442]]

     discretion of the Attorney General upon the giving of a 
     suitable and proper performance bond approved by the Attorney 
     General and furnished either by the alien or by any 
     individual executing an affidavit of support for the alien 
     pursuant to section 213A if the alien demonstrates that the 
     alien, despite reasonable attempts, has been unable to secure 
     insurance described in section 212(a)(4)(D)(i). Such 
     performance bond shall be in such amount and containing such 
     conditions (including conditions similar to those specified 
     for bonds and undertakings under subsection (a)) as the 
     Attorney General may prescribe and shall cover all costs 
     which would otherwise be covered under such insurance.''.
       ``(2) Mechanism for creating bond.--
       The Attorney General shall create a mechanism for 
     establishing a suitable and proper performance bond as set 
     forth in paragraph (1). The use of such bond for the purpose 
     of satisfying the provisions of this subsection shall be at 
     the discretion of the Attorney General.''.
       In section 513(a)(2), in the paragraph (4)(E) inserted by 
     such section, strike ``or 101(a)(15)(L)'' and insert 
     ``101(a)(15)(L), 101(a)(15)(O), or 101(a)(15)(P)''.
       In section 524(a)(2), in the subsection (d)(2) inserted by 
     such section, add at the end the following:
       ``(C) Waiver of certain grounds of inadmissibility.--The 
     provisions of paragraphs (4), (5), and (7)(A) of section 
     212(a) shall not be applicable to any alien seeking admission 
     to the United States or adjustment of status under this 
     subsection, and the Attorney General may waive any other 
     provision of such section (other than paragraph (2)(C) or 
     subparagraph (A), (B), (C), or (E) of paragraph (3)) with 
     respect to such an alien for humanitarian purposes, to assure 
     family unity, or when it is otherwise in the public interest. 
     Any such waiver by the Attorney General shall be in writing 
     and shall be granted only on an individual basis following 
     investigation. The Attorney General shall provide for the 
     annual reporting to Congress of the number of waivers granted 
     under this subparagraph in the previous fiscal year and a 
     summary of the reasons for granting such waivers.
       Strike subsection (d) of section 524 (relating to 
     application of per country numerical limitation for 
     humanitarian immigrants), and insert the following:
       (d) Special Rules in Case of Adjustment of Status.--Section 
     245 (8 U.S.C. 1255) is amended by adding at the end the 
     following new subsection:
       ``(k) For purposes of subsection (a), an alien who is in 
     the United States and is identified by the Attorney General 
     under section 204(a)(1)(I) may be treated as having been 
     paroled into the United States.''.
       Strike subsection (e) of section 524 (relating to waiver of 
     certain grounds of inadmissibility), and redesignate the 
     succeeding subsection accordingly.
       Amend section 533 to read as follows (and conform the table 
     of contents accordingly):

     SEC. 533. INCREASE IN ASYLUM OFFICERS.

       Subject to the availability of appropriations, the Attorney 
     General shall provide for an increase in the number of asylum 
     officers to at least 600 asylum officers by fiscal year 1997.
     [TITLE VI AMENDMENT]:
       In section 600, amend paragraph (7) to read as follows:
       (7) With respect to the State authority to make 
     determinations concerning the eligibility of aliens for 
     public benefits, a State that chooses to follow the Federal 
     classification in determining the eligibility of such aliens 
     for public assistance shall be considered to have chosen the 
     least restrictive means available for achieving the 
     compelling government interest of assuring that aliens be 
     self-reliant in accordance with national immigration policy.
       In section 601(c)(2), strike ``programs:'' and insert 
     ``programs (and include any successor to such a program as 
     identified by the Attorney General in consultation with other 
     appropriate officials):''.
       In section 603, amend paragraph (2) to read as follows:
       (2) Public health immunizations.--Public health assistance 
     for immunizations with respect to immunizable diseases and 
     for testing and treatment of symptoms of communicable 
     diseases, whether or not such symptoms are actually caused by 
     a communicable disease.
       In section 603(5), insert ``(and any successor to such a 
     program as identified by the Attorney General in consultation 
     with other appropriate officials)'' after ``National School 
     Lunch Act''.
       In section 603(6), insert ``(and any successor to such a 
     program as identified by the Attorney General in consultation 
     with other appropriate officials)'' after ``1966''.
       At the end of section 603, add the following new paragraph:
       (7) Head start program.--Benefits under the Head Start Act.
       At the end of subtitle A of title VI of the bill, insert 
     the following new part (and conform the table of contents 
     accordingly):

                       PART 3--HOUSING ASSISTANCE

     SEC. 615. ACTIONS IN CASES OF TERMINATION OF FINANCIAL 
                   ASSISTANCE.

       (a) In General.--Section 214(c)(1) of the Housing and 
     Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``may, in its discretion,'' and inserting ``shall'';
       (2) in subparagraph (A), by inserting after the period at 
     the end the following new sentence: ``Financial assistance 
     continued under this subparagraph for a family may be 
     provided only on a prorated basis under which the amount of 
     financial assistance is based on the percentage of the total 
     number of members of the family that are eligible for such 
     assistance under the program for financial assistance and 
     this section.''; and
       (3) in subparagraph (B), by striking ``6-month period'' and 
     all that follows through ``affordable housing'' and inserting 
     ``single 3-month period''.
       (b) Scope of Application.--The amendment made by subsection 
     (a)(3) shall apply to any deferral granted under section 
     214(c)(1)(B) of the Housing and Community Development Act of 
     1980 on or after the date of the enactment of this Act, 
     including any renewal of any deferral initially granted 
     before such date of enactment, except that a public housing 
     agency or other entity referred to in such section 
     214(c)(1)(B) may not renew, after such date of enactment, any 
     deferral which was granted under such section before such 
     date and has been effective for at least 3 months on and 
     after such date.

     SEC. 616. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY 
                   FOR FINANCIAL ASSISTANCE.

       Section 214(d) of the Housing and Community Development Act 
     of 1980 (42 U.S.C. 1436a(d)) is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``or to be'' after ``being'';
       (2) in paragraph (1)(A), by inserting at the end the 
     following new sentences: ``If the declaration states that the 
     individual is not a citizen or national of the United States, 
     the declaration shall be verified by the Immigration and 
     Naturalization Service. If the declaration states that the 
     individual is a citizen or national of the United States, the 
     Secretary shall request verification of the declaration by 
     requiring presentation of documentation the Secretary 
     considers appropriate, including a social security card, 
     certificate of birth, driver's license, or other 
     documentation.'';
       (3) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``on the date of the enactment of the Housing and Community 
     Development Act of 1987'' and inserting ``or applying for 
     financial assistance''; and
       (B) by inserting at the end the following new sentence:

     ``In the case of an individual applying for financial 
     assistance, the Secretary may not provide such assistance for 
     the benefit of the individual before such documentation is 
     presented and verified under paragraph (3) or (4).'';
       (4) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``on the date of the enactment of the Housing and Community 
     Development Act of 1987'' and inserting ``or applying for 
     financial assistance'';
       (B) in subparagraph (A)--
       (i) in clause (i)--

       (I) by inserting ``, not to exceed 30 days,'' after 
     ``reasonable opportunity''; and
       (II) by striking ``and'' at the end; and

       (ii) by striking clause (ii) and inserting the following 
     new clauses:
       ``(ii) in the case of any individual who is already 
     receiving assistance, may not delay, deny, reduce, or 
     terminate the individual's eligibility for financial 
     assistance on the basis of the individual's immigration 
     status until such 30-day period has expired, and
       ``(iii) in the case of any individual who is applying for 
     financial assistance, may not deny the application for such 
     assistance on the basis of the individual's immigration 
     status until such 30-day period has expired; and'';
       (C) in subparagraph (B), by striking clause (ii) and 
     inserting the following new clause:
       ``(ii) pending such verification or appeal, the Secretary 
     may not--

       ``(I) in the case of any individual who is already 
     receiving assistance, delay, deny, reduce, or terminate the 
     individual's eligibility for financial assistance on the 
     basis of the individual's immigration status, and
       ``(II) in the case of any individual who is applying for 
     financial assistance, deny the application for such 
     assistance on the basis of the individual's immigration 
     status, and'';

       (5) in paragraph (5), by striking all that follows 
     ``satisfactory immigration status'' and inserting the 
     following: ``, the Secretary shall--
       ``(A) deny the individual's application for financial 
     assistance or terminate the individual's eligibility for 
     financial assistance, as the case may be; and
       ``(B) provide the individual with written notice of the 
     determination under this paragraph.''; and
       (6) by striking paragraph (6) and inserting the following 
     new paragraph:
       ``(6) The Secretary shall terminate the eligibility for 
     financial assistance of an individual and the members of the 
     household of the individual, for a period of not less than 24 
     months, upon determining that such individual has knowingly 
     permitted another individual who is not eligible for such 
     assistance to use the assistance (including residence in the 
     unit assisted).''.

     SEC. 617. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING 
                   FINANCIAL ASSISTANCE ELIGIBILITY 
                   DETERMINATIONS.

       Section 214(e)(4) of the Housing and Community Development 
     Act of 1980 (42 U.S.C. 1436a(e)(4)) is amended--

[[Page H2443]]

       (1) in paragraph (2), by inserting ``or'' at the end;
       (2) in paragraph (3), by striking ``, or'' at the end and 
     inserting a period; and
       (3) by striking paragraph (4).

     SEC. 618. REGULATIONS.

       (a) Issuance.--Not later than the expiration of the 60-day 
     period beginning on the date of the enactment of this Act, 
     the Secretary of Housing and Urban Development shall issue 
     any regulations necessary to implement the amendments made by 
     this part. Such regulations shall be issued in the form of an 
     interim final rule, which shall take effect upon issuance and 
     shall not be subject to the provisions of section 533 of 
     title 5, United States Code, regarding notice or an 
     opportunity for comment.
       (b) Failure to Issue.--If the Secretary fails to issue the 
     regulations required under subsection (a) before the 
     expiration of the period referred to in such subsection, the 
     regulations relating to restrictions on assistance to 
     noncitizens, contained in the final rule issued by the 
     Secretary of Housing and Urban Development in RIN 2501-AA63 
     (Docket No. R-95-1409; FR-2383-F-050), published in the 
     Federal Register of March 20, 1995 (Vol. 60., No. 53; pp. 
     14824-14861), shall not apply after the expiration of such 
     period.
       In section 621(a), in amended paragraph (4)(A), strike 
     ``thereof, or'' and insert ``thereof, and'' and strike ``or 
     both,''.
       In section 621(a), in paragraph (4), strike subparagraph 
     (B) and strike clause (i) of subparagraph (C) and redesignate 
     subparagraph (C)(ii) as subparagraph (B).
       Amend subsection (a) of section 631 to read as follows:
       (a) Federal Programs.--
       (1) In general.--Notwithstanding any other provision of law 
     (except as provided in paragraph (2)), in determining the 
     eligibility and the amount of benefits of an alien for any 
     Federal means-tested public benefits program (as defined in 
     subsection (d)) the income and resources of the alien shall 
     be deemed to include--
       (A) the income and resources of any individual who executed 
     an affidavit of support pursuant to section 213A of the 
     Immigration and Nationality Act (as inserted by section 
     632(a)) in behalf of such alien, and
       (B) the income and resources of the spouse (if any) of the 
     individual.
       (2) Exceptions.--Paragraph (1) shall not apply to the 
     following:
       (A) Medical assistance provided for emergency medical 
     services under title XIX of the Social Security Act.
       (B) The provision of short-term, non-cash, in kind 
     emergency relief.
       (C) Benefits under the National School Lunch Act.
       (D) Assistance under the Child Nutrition Act of 1966.
       (E) Public health assistance for immunizations with respect 
     to immunizable diseases and for testing and treatment for 
     communicable diseases.
       (F) The provision of services directly related to assisting 
     the victims of domestic violence or child abuse.
       (G) Benefits under programs of student assistance under 
     titles IV, V, IX, and X of the Higher Education Act of 1965 
     and titles III, VII, and VIII of the Public Health Service 
     Act.
       (H) Benefits under means-tested programs under the 
     Elementary and Secondary Education Act of 1965.
       (I) Benefits under the Head Start Act.
       In section 631(b), amend paragraph (1) to read as follows:
       (1) Parents of united states citizens and adult sons and 
     daughters of citizens and permanent residents.--Subsection 
     (a) shall apply with respect to an alien who is admitted to 
     the United States as the parent of a United States citizen 
     under section 203(a)(2) of the Immigration and Nationality 
     Act, as amended by section 512(a), or as the son or daughter 
     of a citizen or lawful permanent resident under section 
     203(a)(3) of such Act, until the alien is naturalized as a 
     citizen of the United States.
       In section 631(b)(4)(A), strike ``if the alien'' and all 
     that follows and insert ``if the alien is able to prove to 
     the satisfaction of the Attorney General that the alien has 
     been employed for 40 qualifying quarters of coverage as 
     defined under title II of the Social Security Act and the 
     alien did not receive any benefit under a means-tested public 
     benefits program of (or contributed to by) the Federal 
     Government during any such quarter.''.
       In section 632(a), in new section 213A(a)(2)(D)(i), strike 
     ``if the sponsored alien'' and all that follows and insert 
     the following: ``if the sponsored alien is able to prove to 
     the satisfaction of the Attorney General that the alien has 
     been employed for 40 qualifying quarters of coverage as 
     defined under title II of the Social Security Act and the 
     alien did not receive any benefit under a means-tested public 
     benefits program of (or contributed to by) the Federal 
     Government during any such quarter.''.
       In section 632(a), amend paragraph (3) of the section 213A 
     of the Immigration and Nationality Act inserted by such 
     section, to read as follows:
       ``(3) Means-tested public benefits program.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `means-tested public benefits program' means a program of 
     public benefits (including cash, medical, housing, and food 
     assistance and social services) of the Federal Government or 
     of a State or political subdivision of a State in which the 
     eligibility of an individual, household, or family 
     eligibility unit for benefits under the program, or the 
     amount of such benefits, or both are determined on the basis 
     of income, resources, or financial need of the individual, 
     household, or unit.
       ``(B) Exceptions.--Such term does not include the following 
     benefits:
       ``(i) Medical assistance provided for emergency medical 
     services under title XIX of the Social Security Act.
       ``(ii) The provision of short-term, non-cash, in kind 
     emergency relief.
       ``(iii) Benefits under the National School Lunch Act.
       ``(iv) Assistance under the Child Nutrition Act of 1966.
       ``(v) Public health assistance for immunizations with 
     respect to immunizable diseases and for testing and treatment 
     for communicable diseases.
       ``(vi) The provision of services directly related to 
     assisting the victims of domestic violence or child abuse.
       ``(vii) Benefits under programs of student assistance under 
     titles IV, V, IX, and X of the Higher Education Act of 1965 
     and titles III, VII, and VIII of the Public Health Service 
     Act.
       ``(viii) Benefits under means-tested programs under the 
     Elementary and Secondary Education Act of 1965.
       ``(ix) Benefits under the Head Start Act.''.
       In section 632(a), in new section 213A(e)(1)(D), strike ``a 
     tax return or otherwise'' and insert ``an individual's 
     Federal income tax returns for the individual's most recent 
     two taxable years and a written statement, executed under 
     oath or as permitted under penalty of perjury under section 
     1746 of title 28, United States Code, that the copies are 
     accurate copies of such returns''.
       In section 632(a), in new section 213A(e)(1)(E), insert 
     ``who is a United States citizen and'' after ``(or is an 
     individual''.
       After section 632, insert the following new sections (and 
     conform the table of contents accordingly):

     SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.

       Section 484(b) of the Higher Education Act of 1965 (20 
     U.S.C. 1091(b)) is amended by adding at the end the following 
     new paragraph:
       ``(6) Notwithstanding sections 427(a)(2)(A), 428B(a), 
     428C(b)(4)(A), and 464(c)(1)(E), a student who is an alien 
     lawfully admitted under the Immigration and Nationality Act, 
     otherwise eligible for student financial assistance under 
     this title, and for whom an affidavit of support has been 
     provided under section 213A of such Act shall not be eligible 
     for a loan under this title unless the loan is endorsed and 
     cosigned by the alien's sponsor under such section or by 
     another credit-worthy individual who is a citizen or national 
     of the United States.''.

     SEC. 634. STATUTORY CONTRUCTION.

       Nothing in this title may be construed as an entitlement or 
     a determination of an individual's eligibility or fulfillment 
     of the requisite requirements for any Federal, State, or 
     local governmental program, assistance, or benefits. For 
     purposes of this title, eligibility relates only to the 
     general issue of eligibility or ineligibility on the basis of 
     alienage.

     [TITLE VIII AMENDMENTS]
       After section 810, insert the following new sections (and 
     conform the table of contents accordingly):

     SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE 
                   WORKERS.

       (a) In General.--Section 212(a) (8 U.S.C. 1182(a)), as 
     amended by section 301(b)(1), is amended--
       (1) by redesignating paragraph (10) as paragraph (11), and
       (2) by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) Certification requirements for foreign health-care 
     workers.--Any alien who seeks to enter the United States for 
     the purpose of performing labor as a health care-worker, 
     other than a physician, is inadmissible unless the consular 
     officer receives a certification from the Commission on 
     Graduates of Foreign Nursing Schools or a certificate from an 
     equivalent independent credentialing organization approved by 
     the Secretary of Labor verifying that--
       ``(A) the alien's education, training, or experience meet 
     all applicable statutory and regulatory requirements for 
     entry into the United States under the classification 
     specified in the application and is comparable to that 
     required for an American practitioner of the same type;
       ``(B) any foreign license submitted by the alien is 
     authentic and unencumbered;
       ``(C) the alien must have the ability to read, write, and 
     speak the English language at a level required for standard 
     business communication, as demonstrated by the alien's score 
     on one or more standardized tests; and
       ``(D) if the alien is a registered nurse, the alien has 
     passed an examination testing both nursing skills and English 
     language proficiency.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to aliens entering the United States more than 
     180 days after the date of the enactment of this Act.
       Amend section 834 to read as follows (and conform the table 
     of contents accordingly):

     SEC. 834. REGULATIONS REGARDING HABITUAL RESIDENCE.

       Not later than 6 months after the date of the enactment of 
     this Act, the Commissioner of the Immigration and 
     Naturalization Service shall issue regulations governing 
     rights

[[Page H2444]]

     of ``habitual residence'' in the United States under the 
     terms of Compacts of Free Association (Public Law 99-239, 
     Public Law 99-658, and Public Law 101-219).
       After section 121, insert the following:

     SEC. 122. ACCEPTANCE OF STATE SERVICES TO CARRY OUT 
                   DEPORTATION FUNCTIONS.

       Section 287 (8 U.S.C. 1357) is amended by adding at the end 
     the following:
       ``(g)(1) Notwithstanding section 1342 of title 31, United 
     States Code, the Attorney General may enter into a written 
     agreement with a State, or any political subdivision of a 
     State, pursuant to which an officer or employee of the State 
     or subdivision, who is determined by the Attorney General to 
     be qualified to perform a function of an immigration officer, 
     or any other officer of the Department of Justice, under this 
     Act in relation to deportation of aliens in the United States 
     (including investigation, apprehension, detention, 
     presentation of evidence on behalf of the United States in 
     administrative proceedings to determine the deportability of 
     any alien, conduct of such proceedings, or removal of aliens 
     with respect to whom a final order of deportation has been 
     rendered) may carry out such function at the expense of the 
     State or political subdivision and to the extent consistent 
     with State and local law.
       ``(2) An agreement under this subsection shall require that 
     an officer or employee of a State or political subdivision of 
     a State performing a function under the agreement shall have 
     knowledge of, and adhere to, Federal law relating to the 
     function.
       ``(3) In performing a function under this subsection an 
     officer or employee of a State or political subdivision of a 
     State shall be subject to the direction and supervision of 
     the Attorney General.
       ``(4) In performing a function under this subsection, an 
     officer or employee of a State or political subdivision of a 
     State may use Federal property or facilities, as provided in 
     a written agreement between the Attorney General and the 
     State or subdivision.
       ``(5) With respect to each officer or employee of a State 
     or political subdivision who is authorized to perform a 
     function under this subsection, the specific powers and 
     duties that may be, or are required to be, exercised or 
     performed by the individual, the duration of the authority of 
     the individual, and the position of the agent of the Attorney 
     General who is required to supervise and direct the 
     individual, shall be set forth in a written agreement between 
     the Attorney General and the State or political subdivision.
       ``(6) The Attorney General may not accept a service under 
     this subsection if the service will be used to displace any 
     Federal employee.
       ``(7) Except as provided in paragraph (8), an officer or 
     employee of a State or political subdivision of a State 
     performing functions under this subsection shall not be 
     treated as a Federal employee for any purpose other than for 
     purposes of chapter 81 of title 5, United States Code, 
     (relating to compensation for injury) and sections 2671 
     through 2680 of title 28, United States Code, (relating to 
     tort claims).
       ``(8) An officer or employee of a State or political 
     subdivision of a State acting under color of authority under 
     this subsection, or any agreement entered into under this 
     subsection, shall be considered to be acting under color of 
     Federal authority for purposes of determining the liability, 
     and immunity from suit, of the officer or employee in a civil 
     action brought under Federal or State law.
       ``(9) Nothing in this subsection shall be construed to 
     require any State or political subdivision of a State to 
     enter into an agreement with the Attorney General under this 
     subsection.
       ``(10) Nothing in this subsection shall be construed to 
     require an agreement under this subsection in order for any 
     officer or employee of a State or political subdivision of 
     a State--
       ``(A) to communicate with the Attorney General regarding 
     the immigration status of any individual, including reporting 
     a suspicion that a particular alien is not lawfully present 
     in the United States or
       ``(B) otherwise to cooperate with the Attorney General in 
     the identification, apprehension, detention, or removal of 
     aliens not lawfully present in the United States.''.
       In section 308(e)(1), insert after the colon the following 
     (and redesignate subparagraphs (A) through (P) as 
     subparagraphs (B) through (Q), respectively):
       (A) Section 287(g) (8 U.S.C. 1357(g)) (as added by section 
     122).
       In section 523, make the following amendments:
       (1) in section 212(d)(5)(C)(i), remove ``or'';
       (2) in section 212(d)(5)(C)(ii), remove the ``.'' and add 
     ``or'';
       (3) add at the end the following:
       ``(iii) the alien has filed an application to adjust status 
     to that of an immigrant under section 203, and must travel 
     outside the United States for emergent business or family 
     reasons.''
       Strike section 611 (and conform the table of contents 
     accordingly).
       In section 531, in paragraph (3) of section 208(d), insert 
     at the end of the first sentence the following sentence:
       ``Such fees shall not exceed the Attorney General's costs 
     in adjudicating the applications.''
       In section 701, make the following amendments:
       On page 328, line 24 delete: ``and Secretary of the 
     Treasury''.
       Page 329, line 4 delete: ``and the United States Customs 
     Service''.
       Page 329, line 10 delete: ``and the Secretary of the 
     Treasury''.
       Page 329, line 19 to 20 delete: ``, in consultation with 
     the Secretary of The Treasury.''.
       Page 329, line 23 insert after ``inspection'': ``by the 
     Immigration and Naturalization Service''.
       Page 330, line 1 to 2 delete: ``, the United States Customs 
     Service,''.
       In section 531, amend section 208(a)(2)(B) of the 
     Immigration and Nationality Act (as amended by such section) 
     by striking ``30 days'' and inserting ``180 days''.
  The CHAIRMAN. Pursuant to the rule, the gentleman from Texas [Mr. 
Smith] and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Texas, Mr. Smith.
  Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  (Mr. SMITH of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of Texas. Mr. Chairman, I want to thank my colleague, the 
gentleman from Texas, for his help on the manager's amendment. His 
amendment is included in it.
  Mr. Chairman, this amendment makes a number of technical and 
conforming changes to the underlying attacks of H.R. 2202, and in 
addition it includes several amendments that were proposed by several 
of my colleagues; specifically, the gentleman from California, Mr. Cox, 
the gentlemen from Florida, Mr. Foley and Mr. McCollum, and the 
gentlemen from California, Mr. Dornan, Mr. Gallegly, and Mr. Campbell, 
were each responsible for significant portions of this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BRYANT of Texas. Mr. Chairman, I rise in opposition to the 
amendment.
  The CHAIRMAN. The gentleman from Texas [Mr. Bryant] is recognized for 
10 minutes.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, the amendment is a situation in which the majority 
giveth and the majority taketh away, to some extent. Three of the 
provisions in the amendment are in our view good, and helpful; in 
particular, the one that does not disqualify people with children who 
are here whose parents are illegal aliens from participating in Head 
Start, because our effort, of course, is to keep every child in school 
and to get every child educated, no matter what their status.
  The other changes, however, raise some questions. I think they raise 
some questions which should have been the subject to hearings in 
committee. For example, the proposal that the Attorney General be given 
authority to deputize State and local law enforcement officers to even 
conduct deportation proceedings raises some very serious questions with 
regard to workability and with regard to perhaps constitutionality. I 
am not sure we want them to be conducting deportation proceedings.
  The third proposal that is in the amendment which raises questions as 
well, and I think some very practical ones, suggests that the law would 
read that a person who is eligible for housing assistance and knowingly 
permits someone not eligible to use their housing would then face a 2-
year termination of their housing assistance.

  While none of us want to encourage anyone who is not eligible to be 
able to use public housing, the possibility for accidentally having 
someone in your home for a period of time who is not eligible, there 
are just an unlimited number of possibilities. Also, what does ``use'' 
mean? Does that mean overnight? Does that mean an evening of dinner? 
What does that mean? The consequences are enormous. The potential for 
being able to accidentally have this happen to you are enormous. I am 
surprised that the majority would bring that kind of a provision 
forward. I would hope to modify it substantially in conference if this 
amendment were to be adopted and stay in the bill all the way.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from California [Mr. Becerra].
  Mr. BECERRA. Mr. Chairman, I thank the gentleman for yielding time to 
me.

[[Page H2445]]

  Mr. Chairman, I too must rise in opposition to this particular 
amendment and acknowledge that there are some changes that are made in 
the amendment, the manager's amendment, which I think improve the bill. 
I thank the gentleman for making some of those changes. Unfortunately, 
some of the changes made were matters that were never even discussed in 
committee, and which many of us on this side of the aisle never had a 
chance to really examine until just recently.
  It is unfortunate, because we are talking about making some major 
changes in immigration policy and law, and it would be a shame, I 
believe, to break from what is currently a bipartisan effort; although 
I still am still opposed to the bill, there is a bipartisan effort to 
try to do this. I think it is unfortunate in that there are various 
provisions in this particular amendment that I think go beyond the 
scope of real reform.
  The gentleman from Texas [Mr. Bryant] mentioned that we talk now in 
this particular amendment of terminating Federal housing assistance to 
someone who is eligible to receive it, based on a particular criteria 
which may cause these eligible recipients of Federal assistance from 
being denied, accidentally or not, some assistance.
  I think before we take steps that would get us to that point, we 
should have had opportunity to have had input, have had some hearings 
to find out if in fact this is the way to go. I would say it is not, 
but certainly I would be willing to consider this as something that 
might be possible if in fact we were told by the experts that we would 
not be denying those lawfully entitled to housing assistance that 
assistance, and that we would not end up causing discrimination in the 
process of trying to somehow decipher who is and who is not going to 
fall under the umbrella of this particular provision within the 
amendment.
  I would also mention that this amendment broaches an area which has 
been one of great delicacy for quite some time; that is, the law 
enforcement powers of the Federal Government and when we should extend 
those to the States and local governments.
  Mr. Chairman, we have on many occasions rightfully been very 
circumspect in allowing someone other than the Federal Government to 
enforce or administer the laws of the Federal Government, because you 
never know when it get out of your own hands how it will be done. There 
is a great concern, and I know it was expressed in the terrorism bill, 
that we were going too far in deputizing State and local law 
enforcement agencies in what they could and could not do, and what that 
might mean.

  Mr. Chairman, this particular amendment allows the Attorney General, 
at the Attorney General's discretion, to enter into agreements with 
States to allow State law enforcement officials to perform deportation 
duties, those things that are conducted currently by immigration 
officials.
  I would say that when you start allowing local law enforcement to go 
out there and seek out people who may be undocumented, or who may have 
questionable immigration status, what you are doing is asking them to 
perform the work of immigration or Border Patrol officers. If they are 
going to go through the whole training that a Border Patrol officer 
goes through, that is something different, and perhaps we could discuss 
it then, but I see nothing in this amendment that would provide for 
that. I see no monies in the amendment to provide for that, and what it 
does for me is cause a great deal of concern that what we are doing is 
extending the reach of the Federal Government, without extending the 
protections that should be there with it.
  For those reasons, Mr. Chairman, I believe that we should be opposing 
this particular amendment.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from California [Mr. Cox].
  Mr. COX of California. Mr. Chairman, I rise in support of the 
inclusion of the amendment of the gentleman from Texas [Mr. Smith] in 
the manager's amendment, the inclusion of provisions that will help us 
make sure that our law really means what it says; that is, that you 
cannot come into this country illegally, but you must follow the rules 
in the process.
  Mr. Chairman, if the Federal Government has a law that requires an 
honest procedure for admission into the country, and people violate it 
willfully, once they are successful in doing so, once they make it 
across the border, they are not subject to any realistic threat of 
enforcement of the law if there is no realistic prospect of 
deportation. We are going to have ever worsening problems of illegal 
immigration, and with millions, millions of lawbreakers in this 
respect, millions of people crossing our borders illegally, it is 
quickly becoming beyond the capacity of the INS to keep up. There is 
not any realistic threat of enforcement, because they simply are not 
doing the job.
  Mr. Chairman, if the Federal Government were in charge of prosecuting 
all murders, rapes, robberies, or what have you in America, we would 
have a big bottleneck, and nobody would ever get prosecuted for 
anything, but we have a marvelous system for dealing with that problem. 
All the important laws in America are enforced by our police, are 
enforced in our State courts.
  The amendment included in the manager's amendment would permit the 
Attorney General of the United States to deputize States who elect and 
who are willing to use their own resources to assist in the enforcement 
of these Federal laws. Only when we do that, only when we expand the 
number of personnel who are involved in picking up people in violation 
of the law, only when we expand the court facilities that we have to 
process deportation matters, are we going to have a realistic threat of 
enforcement of the law.

                              {time}  2045

  That is why this amendment is so important. I note in response to my 
colleague from California's concerns that the Attorney General will 
enter into agreements with States requiring ongoing Federal supervision 
of these efforts so that everything will be conducted under the watch 
of the INS and the Attorney General in conformity with Federal 
standards. I think this is a very wise and sound amendment, and I 
congratulate the gentleman from Texas [Mr. Smith] for including it in 
his manager's amendment.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from Virginia [Mr. Goodlatte].
  Mr. GOODLATTE. I thank the gentleman from Texas for yielding me the 
time.
  Mr. Chairman, I would like to commend the gentleman from California 
[Mr. Cox] for the amendment that he offered and the gentleman from 
Texas for including it in his manager's amendment. I think it is a 
very, very important part of the bill.
  A few years ago when I was practicing law, I represented a client 
whose family was being harassed by an individual who was unlawfully in 
the United States and who also was engaged in unlawful, unauthorized 
employment in the United States as well. After a great deal of effort 
we finally got through to a representative of the Immigration Service 
who had authority to act on this and requested that they send an 
investigator down to Roanoke, VA, 240 miles from the office here in 
Washington, to investigate this. We assured them that we had very 
substantial evidence to indicate this individual was in the country 
without authorization. The individual said that there was absolutely 
nothing they could do. There was simply no money in the budget to send 
somebody down to Roanoke, VA to make this investigation. When we 
pressed him harder, he finally said,

       Look, I can go right outside the door on the street in 
     front of our building and find 5 people who are in a similar 
     status, who have overstayed their visas, are not authorized 
     in the country. We simply don't have the manpower and 
     resources to take this action and to apprehend people who are 
     not here legally.

  This provision in the bill would enable the Attorney General to 
designate local law enforcement authorities in Roanoke, VA and 
everywhere else in the country to be able to step in and assist in 
dealing with what is a very, very difficult problem for the 
understaffed, undermanned Immigration Service to handle.
  I commend the gentleman for including this in the bill and strongly 
urge support for the manager's amendment.
  Mr. BRYANT of Texas. Mr. Chairman, I yield the balance of my time to 
the gentleman from California [Mr. Becerra].

[[Page H2446]]

  The CHAIRMAN. The gentleman from California [Mr. Becerra] is 
recognized for 4 minutes.
  Mr. BECERRA. Mr. Chairman, let me mention one other provision within 
this amendment that does cause some concern, and that is a change again 
that was made to what came out of committee, the Committee on the 
Judiciary, in the immigration bill. That is a change that would permit 
someone who was sponsoring an immigrant coming into this country, and 
in the process of trying to meet the income threshold required to be 
able to sponsor, we provided for the case where there might be a joint 
sponsorship, so that if one wanted to come into this country and we had 
sponsors who were willing to obligate themselves to provide the support 
necessary for this immigrant to come into the country, that that would 
make it possible for this individual, this immigrant, to make it into 
the country.
  The change that is being made in this amendment would no longer allow 
individuals to be able to be jointly sponsoring an immigrant that 
wishes to come into this country, as a family member of otherwise. It 
makes it a requirement that the joint sponsor be a citizen.
  In and of itself, that is not bad. But if you have the case where you 
have a lawful, permanent resident who may have been in this country 25 
years, is awaiting the INS to process an application to be a citizen 
and there is a spouse, or a child, or a parent of a citizen that wishes 
to come in, we have a situation now where that legal immigrant, who is 
financially capable of sponsoring that individual and a lawful 
permanent resident who is not only financially able to sponsor or help 
jointly sponsor this immigrant that wishes to come in but is also 
preparing to become a U.S. citizen himself or herself, is now no longer 
qualified under this new change to be able to be a joint sponsor to 
allow this immigrant to come in.
  I do not understand the rationale for it. It would have been, I 
think, preferable had we had an opportunity in committee to discuss 
this, especially since in committee, both subcommittee and full 
committee, we had the opportunities to do the changes and provide for 
certain aspects of sponsorship. Yet here we find all of a sudden that 
out of committee and onto the House floor the bill looks different. The 
manager's amendment is now making additional changes which we did not 
have a chance to debate in committee. I think it is unfortunate because 
what we will do in the cases of very worthy individuals who are seeking 
to provide sponsorship, the financial obligation to have someone come 
into this country under family-based unification, that now that will no 
longer be possible.
  I do not understand the rationale for it and perhaps before the 
debate is over we will hear it. But to me it seems unfortunate that we 
are making changes that did not get the light of day and we are being 
told that this is meaningful reform. This is just another reason why I 
believe that ultimately this is going to be a bill that will be 
difficult for at least this Member of Congress to support, but 
certainly on the manager's amendment there are sufficient reasons to 
object to the bill.
  Having said that, I would urge Members to oppose this particular 
manager's amendment.
  Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from California [Mr. Bilbray].
  Mr. BILBRAY. Mr. Chairman, I rise in favor of the amendment and point 
out to my colleagues that the concern that was previously stated about 
the participation of States or local government in the issue of 
immigration control as being somehow a new radical idea just is not 
reflected in reality. Especially the gentleman from California. my 
colleague from California, must obviously be aware that the State of 
California at this time participates in immigration control through the 
participation of the National Guard of the State of California, who 
actually not only does observation and enforcement along the border for 
the INS but also does transportation and transport and processing for 
the Federal Government.
  And so this local-Federal cooperative effort on immigration control 
is not something new that is in this bill. It basically is a reflection 
of reality, that there are certain situations out there that we need to 
do in cooperation with States and local government.
  Mr. Chairman, let me make this point quite strong, and I want to say 
it to both sides of the aisle. There are people who believe that the 
Federal Government ought to be involved in law enforcement across the 
aisle in this country, across the board. There are those who believe 
the Federal Government should be involved in education across the board 
in this country. Their opinion is their opinion. They have the right to 
that opinion. But let me remind everybody here that it does not take an 
act of Congress for a school board to elect a teacher. It does not take 
an act of Congress for a city to hire a police officer. But, Mr. 
Chairman, it takes an act of Congress for local government and the 
States to cooperate with us on immigration control. It takes an act of 
Congress to address these issues that are before us in these 
amendments.
  So as we run around with a lot of issues of a lot of things we would 
like to do, that are nice to do, immigration control and management is 
something that only this body has the right to do as determined by the 
Constitution, as declared by the Supreme Court.
  So I would ask my colleagues, rather than finding the excuses to sort 
of walk away and side slip off this issue, to recognize that they want 
to justify being involved in all these other issues that are nice to 
do, but they recognize that the Constitution and the Supreme Court has 
ruled only Congress has the right to address these issues. Local 
participation in immigration control can only be delegated by the 
Congress of the United States. The city and the State and the school 
board cannot determine those things. If you do not want to have the 
guts to stand up and say, we want to cooperate with local government, 
to delegate this right and this responsibility and these authorities, 
then you should not be in this House or in the other house that 
believes in the Constitution, because this is a responsibility, Mr. 
Chairman, that we cannot give up, that we must accept.
  Mr. GALLEGLY. Mr. Chairman, I rise in support of the manager's 
amendment. I want to especially thank the chairman of the subcommittee 
for including two of my amendments in this text.
  My first amendment would expand a criminal alien identification 
system pilot program to include Ventura County. This program will help 
INS officers to identify whether persons arrested are illegal aliens or 
previously convicted criminal aliens and will help speed deportation.
  My second amendment addresses the ability of illegal aliens to 
receive Federal housing assistance despite the fact that HUD housing 
law expressly prohibits illegal aliens from receiving this assistance.
  My amendment would tighten existing HUD law and regulations by 
closing waiting list loopholes, would require verification of 
eligibility, would prorate assistance for families of mixed eligibility 
and would suspend assistance if a family knowingly permits other non-
eligible tenants to use the assistance.
  I want to thank Housing Subcommittee Chairman Lazio and ranking 
member Kennedy and their staffs for their assistance. I also want to 
express my appreciation to HUD for their constructive input and their 
support.
  I urge passage of this amendment.
  Mr. SMITH of Texas. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas [Mr. Smith].
  The amendment was agreed to.


     amendments en bloc, as modified, offered by mr. smith of texas

  Mr. SMITH of Texas. Mr. Chairman, I offer amendments en bloc pursuant 
to the authority granted in the rule, consisting of No. 2 Traficant; 
No. 11 Cardin, as modified, No. 25 Lipinski; No. 26 Farr, No. 27 
Traficant; No. 29 Vento; No. 30 Waldholtz; No. 31 Kleczka; and No. 32 
Dreier, and I ask unanimous consent that the modification to amendment 
No. 11 be considered as read and printed in the Record.
  The CHAIRMAN. The Clerk will designate the amendments en bloc, as 
modified.
  The text of the amendments en bloc, as modified, is as follows:

       Amendments en bloc, as modified, offered by Mr. Smith of 
     Texas, consisting of No. 2 Traficant; No. 11 Cardin, as 
     modified; No. 25 Lipinski; No. 26 Farr, No. 27 Traficant; No. 
     29 Vento; No. 30 Waldholtz; No. 31 Kleczka; and No. 32 
     Dreier:


                amendment no. 2 offered by mr. traficant

       At the end of subtitle A of title I insert the following 
     new section:

[[Page H2447]]

     SEC. 108. REPORT.

       The Attorney General, in consultation with the Secretary of 
     State and the Secretary of Defense, shall contract with the 
     Comptroller General to track, monitor, and evaluate the 
     Administration's border strategy to deter illegal entry, more 
     commonly referred to as prevention through deterrence. To 
     determine the efficacy of the Administration's strategy and 
     related efforts, the Comptroller General shall submit to 
     Congress a report of its findings within one year after the 
     date of the enactment of this Act and, for every year 
     thereafter, up to and including fiscal year 2000. Such a 
     report shall include a collection and systematic analysis of 
     data, including workload indicators, related to activities to 
     deter illegal entry. Such a report shall also include 
     recommendations to improve and increase border security at 
     both the border and ports-of-entry.


          amendment no. 11 offered by mr. cardin, as modified:

       At the end of section 404 the following new subsection:
       (c) Priority for Worksite Enforcement.--
       (1) In general.--In addition to its efforts on border 
     control and easing the worker verification process, the 
     Attorney General shall make worksite enforcement of employer 
     sanctions a top priority of the Immigration and 
     Naturalization Service.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on any additional authority or resources 
     needed--
       (A) by the Immigration and Naturalization Service in order 
     to enforce section 274A of the Immigration and Nationality 
     Act, or
       (B) by Federal agencies in order to carry out the Executive 
     Order of February 13, 1996 (entitled ``Economy and Efficiency 
     in Government Procurement Through Compliance with Certain 
     Immigration and Naturalization Act Provisions'') and to 
     expand the restrictions in such Order to cover agricultural 
     subsidies, grants, job training programs, and other Federally 
     subsidized assistance programs.


               amendment no. 25 offered by mr. lipinski:

       At the end of subtitle B of title VIII insert the following 
     new section:

     SEC. 837. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND 
                   HUNGARIAN PAROLEES.

       (a) In General.--The Attorney General shall adjust the 
     status of an alien described in subsection (b) to that of an 
     alien lawfully admitted for permanent residence if the 
     alien--
       (1) applies for such adjustment,
       (2) has been physically present in the United States for at 
     least 1 year and is physically present in the United States 
     on the date the application for such adjustment is filed,
       (3) is admissible to the United States as an immigrant, 
     except as provided in subsection (c), and
       (4) pays a fee (determined by the Attorney General) for the 
     processing of such application.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided in subsection (a) shall only apply to an alien who--
       (1) was a national of Poland or Hungary, and
       (2) was inspected and granted parole into the United States 
     during the period beginning on November 1, 1989, and ending 
     on December 31, 1991, after being denied refugee status.
       (c) Waiver of Certain Grounds for Inadmissibility.--The 
     provisions of paragraphs (4), (5), and (7)(A) of section 
     212(a) of the Immigration and Nationality Act shall not apply 
     to adjustment of status under this section and the Attorney 
     General may waive any other provision of such section (other 
     than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E) 
     of paragraph (3)) with respect to such an adjustment for 
     humanitarian purposes, to assure family unity, or when it is 
     otherwise in the public interest.
       (d) Date of Approval.--Upon the approval of such an 
     application for adjustment of status, the Attorney General 
     shall create a record of the alien's admission as a lawful 
     permanent resident as of the date of the alien's inspection 
     and parole described in subsection (b)(2).
       (e) No Offset in Number of Visas Available.--When an alien 
     is granted the status of having been lawfully admitted for 
     permanent residence under this section, the Secretary of 
     State shall not be required to reduce the number of immigrant 
     visas authorized to be issued under the Immigration and 
     Nationality Act.


           amendment no. 26 offered by mr. farr of california

       At the end of subtitle B of title VIII insert the following 
     new section:

     SEC. 837. SUPPORT OF DEMONSTRATION PROJECTS.

       (a) In General.--The Attorney General shall make available 
     funds under this section, in each of 5 consecutive years 
     (beginning with 1996), to the Immigration and Naturalization 
     Service or to other public or private nonprofit entities to 
     support demonstration projects under this section at 10 sites 
     throughout the United States. Each such project shall be 
     designed to provide for the administration of the oath of 
     allegiance (under section 337(a) of the Immigration and 
     Nationality Act) on a business day around the 4th of July for 
     approximately 500 people whose application for naturalization 
     has been approved. Each project shall provide for appropriate 
     outreach and ceremonial and celebratory activities.
       (b) Selection of Sites.-The Attorney General shall, in the 
     Attorney General's discretion, select diverse locations for 
     sites on the basis of the number of naturalization applicants 
     living in proximity to each site and on the degree of local 
     community participation and support in the project to be held 
     at the site. Not more than 2 sites may be located in the same 
     State. The Attorney General should consider changing the 
     sites selected from year to year.
       (c) Amounts Available; Use of Funds.--
       (1) Amount.--The amount that may be made available under 
     this section with respect to any single site for a site for a 
     year shall not exceed $5,000.
       (2) Use.--Funds provided under this section may only be 
     used to cover expenses incurred carrying out symbolic 
     swearing-in ceremonies at the demonstration sites, including 
     expenses for--
       (A) cost of personnel of the Immigration and Naturalization 
     Service (including travel and overtime expenses),
       (B) local outreach,
       (C) rental of space, and
       (D) costs of printing appropriate brochures and other 
     information about the ceremonies.
       (3) Availability of funds.--Funds that are otherwise 
     available to the Immigration and Naturalization Service to 
     carry out naturalization activities (including funds in the 
     Immigration Examination Fee Account, under section 286(n) of 
     the Immigration and Nationality Act) shall be available under 
     this section.
       (d) Application.--In the case of an entity other than the 
     Immigration and Naturalization Service seeking to conduct a 
     demonstration project under this section, no amounts may be 
     made available to the entity under this section unless an 
     appropriate application has been made to, and approved by, 
     the Attorney General, in a form and manner specified by the 
     Attorney General.
       (e) State Defined.--In this section, the term ``State'' has 
     the meaning given such term in section 101(a)(36) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).


               amendment no. 27 offered by mr. traficant:

       After section 836, insert the following new section (and 
     conform the table of contents accordingly):

     SEC. 837. SENSE OF CONGRESS; REQUIREMENTS REGARDING NOTICE.

       (a) Purchase of American-Made Equipment and Products.--It 
     is the sense of the Congress that, to the greatest extent 
     practicable, all equipment and products purchased with funds 
     made available under this Act should be American-made.
       (b) Notice to Recipients of Grants.--In providing grants 
     under this Act, the Attorney General, to the greatest extent 
     practicable, shall provide to each recipient of a grant a 
     notice describing the statement made in subsection (a) by the 
     Congress.


                 amendment no. 29 offered by mr. vento:

       At the end of subtitle B of the VIII add the following new 
     section:

     SEC. 837. TREATMENT OF CERTAIN ALIENS WHO SERVED WITH SPECIAL 
                   GUERRILLA UNITS IN LAOS.

       (a) Waiver of English Language Requirement for Certain 
     Aliens Who Served With Special Guerrilla Units in Laos.--The 
     requirement of paragraph (1) of section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)) shall not 
     apply to the nationalization of any person who--
       (1) served with a special guerrilla unit operating from a 
     base in Laos in support of the United States at any time 
     during the period beginning February 28, 1961, and ending 
     September 18, 1978, or
       (2) is the spouse or widow of a person described in 
     paragraph (1).
       (b) Naturalization Through Service in a Special Guerrilla 
     Unit in Laos.--
       (1) In general.--The first sentence of subsection (a) and 
     subsection (b) (other than paragraph (3)) of section 329 of 
     the Immigration and Nationality Act (8 U.S.C. 1440) shall 
     apply to an alien who served with a special guerrilla unit 
     operating from a base in Laos in support of the United States 
     at any time during the period beginning February 28, 1961, 
     and ending September 18, 1978, in the same manner as they 
     apply to an alien who has served honorably in an active-duty 
     status in the military forces of the United States during the 
     period of the Vietnam hostilities.
       (2) Proof.--The Immigration and Naturalization Service 
     shall verify an alien's service with a guerrilla unit 
     described in paragraph (1) through--
       (A) review of refugee processing documentation for the 
     alien,
       (B) the affidavit of the alien's superior officer,
       (C) original documents,
       (D) two affidavits from persons who were also serving with 
     such a special guerrilla unit and who personally knew of the 
     alien's service, or
       (E) other appropriate proof.

     The Service shall liberally construe the provisions of this 
     subsection to take into account the difficulties inherent in 
     proving service in such a guerrilla unit.


              amendment no. 30 offered by mrs. waldholtz:

       After section 836, insert the following:

     SEC. 837. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE 
                   IMMIGRATION AND NATURALIZATION SERVICE.

       It is the sense of the Congress that the mission statement 
     of the Immigration and

[[Page H2448]]

     Naturalization Service of the Department of Justice should 
     include that it is the responsibility of the Service to 
     detect, apprehend, and remove those noncitizens whose entry 
     was illegal, whether undocumented or fraudulent, and those 
     found to have violated the conditions of their stay, 
     particularly those involved in drug trafficking or other 
     criminal activity.


                amendment no. 31 offered by mr. kleczka:

       At the end of subtitle B of title VIII insert the following 
     new section:

     SEC. 837. AUTHORIZATION OF REIMBURSEMENT OF CERTAIN POLISH 
                   APPLICANTS FOR THE 1995 DIVERSITY IMMIGRANT 
                   PROGRAM.

       (a) In General.--After the date of enactment of this Act, 
     the Secretary of State, in consultation with the Commissioner 
     of the Immigration and Naturalization Service, shall 
     establish a process to provide for the reimbursement of all 
     fees to each national of Poland (other than a national 
     illegally residing in the United States) who was an applicant 
     for the diversity immigrant program for 1995 under section 
     203(c) of the Immigration and Nationality Act who did not 
     receive such a visa.
       (b) Funding.--The Secretary of State shall use such funds 
     as may be available at the discretion of the Secretary to 
     carry out the purpose of this section.
       (c) Review.--The Secretary of State shall review the 
     procedures of the Department of State regarding the 
     administration of the diversity immigrant program to ensure 
     that the erroneous notification which occurred with respect 
     to the 1995 diversity immigrant program for Polish residents 
     does not recur.


                amendment No. 32 offered by Mr. Dreier:

       After section 836, insert the following:

     SEC. 837. SENSE OF THE CONGRESS WITH RESPECT TO STATE 
                   CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Findings.--The Congress finds as follows:
       (1) Of the $130,000,000 appropriated in fiscal year 1995 
     for the State Criminal Alien Assistance Program (SCAAP), the 
     Department of Justice disbursed the first $43,000,000 to 
     States on October 6, 1994, 32 days before the 1994 general 
     election, and then failed to disburse the remaining 
     $87,000,000 until January 31, 1996, 123 days after the end of 
     fiscal year 1995.
       (2) While H.R. 2880, the continuing appropriation measure 
     funding certain operations of the Federal Government from 
     January 26, 1996 to March 15, 1996, included $66,000,000 to 
     reimburse States for the cost of incarcerating documented 
     illegal immigrant felons, the Department of Justice failed to 
     disburse any of the funds to the States during the period of 
     the continuing appropriation.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) the Department of Justice was disturbingly slow in 
     disbursing fiscal year 1995 funds under the State Criminal 
     Alien Assistance Program to States after the initial grants 
     were released just prior to the 1994 election; and
       (2) the Attorney General should make it a high priority to 
     expedite the disbursement of Federal funds intended to 
     reimburse States for the cost of incarcerating illegal 
     immigrants, aiming for all State Criminal Alien Assistance 
     Program funds to be disbursed during the fiscal year for 
     which they are appropriated.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Texas?
  Mr. BECERRA. Mr. Chairman, reserving the right to object, I was 
wondering if we could just take a moment to just go quickly through the 
amendments.
  I do not wish to have all the amendments discussed. I just want to 
make sure I know which amendments are being consolidated in the en bloc 
amendments. If I could just take a moment to pull out my list of the 
amendments, I would just like to make sure, if the gentleman would run 
through those.
  Mr. SMITH of Texas. If the gentleman will yield, as I understand the 
gentleman, he was asking for a description----
  The CHAIRMAN. The gentleman will suspend.
  The gentleman from California reserves the right to object to the 
reading of the modifications?
  Mr. BECERRA. To the reading of the modifications, no, but to the 
consolidation of various amendments en bloc, I am reserving the right 
to object.
  The CHAIRMAN. The gentleman is not correct.
  The amendments are offered en bloc pursuant to the rule. However, the 
modifications have to be read, and there was one modification.


                         parliamentary inquiry

  Mr. BECERRA. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state it.
  Mr. BECERRA. Mr. Chairman, are we in the process of consolidating 
amendments en bloc, which the rule provides?
  The CHAIRMAN. Yes, under section 2 of House Resolution 384.
  Mr. BECERRA. Further parliamentary inquiry. Is it then, based on the 
rule that was passed earlier, the prerogative of an individual who 
wishes to object only to object to the dispensing of the reading of 
those particular amendments?
  The CHAIRMAN. No, just to germane modifications.
  Mr. BECERRA. If the Chair would indulge me in explaining what the 
Chair means.
  The CHAIRMAN. The rule makes in order amendments en bloc and 
dispenses with the reading. But the rule does not dispense with the 
reading of germane modifications, and there is one modification.
  Mr. BECERRA. Mr. Chairman, I understand that the changes being made 
are purely technical, in the modification.
  Mr. Chairman, I am being advised that the changes are technical in 
nature in the modification.
  I would accept the representations that are made.
  Mr. Chairman, for those reasons, I withdraw my reservation of 
objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Texas?
  There was no objection.
  The CHAIRMAN. The gentleman from Texas [Mr. Smith] and the gentleman 
from Texas [Mr. Bryant] each will control 10 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Smith].

                              {time}  2100

  Mr. BRYANT of Texas. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Minnesota [Mr. Vento].
  Mr. VENTO. Mr. Chairman, I thank the gentleman for yielding this time 
to me.
  I just want to again offer my support for this amendment en bloc, 
which includes amendment 29 which I spoke on earlier. I anticipated we 
would be moving expeditiously at this point. I do not want to delay 
things. I do appreciate the gentleman's work and that of the gentleman 
from Texas [Mr. Bryant] on this.
  I do not see anything controversial in this amendment, as I peruse 
it. My learned colleagues here, who have spent time in the committee, 
may find some basis, but this amendment, insofar as amendment 29, is an 
important amendment to us. I very much appreciate the inclusion of this 
and the consideration under this expedited procedure.
  Mr. BRYANT of Texas. Mr. Chairman, I yield such time as he may 
consume to the gentleman from California [Mr. Becerra].
  Mr. BECERRA. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I will not be opposing the amendment so much as asking some questions 
and perhaps maybe some clarification. A couple of the amendments are of 
interest to me because, for example, the Lipinski amendment would 
adjust the status of approximately 800 Poles and Hungarians from 
parolee to permanent resident status.
  Now, I do not question whether that is something that is worthwhile 
or not. I just am wondering why we do it for some groups and not 
others, and it seems to me that this legislation, I hope, is going to 
be meaningful reform.
  We have another amendment that is part of the en bloc, which I see 
here would require the Department of State to refund fees to Poles who 
were erroneously notified of their eligibility for visas but did not 
receive a visa. If I recall correctly, I had an amendment very similar 
to this, but it did not apply just to Poles, it applied to anyone who 
applied for a visa. But as a result of the elimination of categories of 
immigrants in the bill, there were a number of people who should be 
refunded moneys by the State Department for fees paid for something 
they would no longer receive, and that is an opportunity to have an 
immigrant emigrate to this country.
  If I can try to simplify what I am saying, right now, in order for 
someone to emigrate into this country, a fee must be paid typically by 
the sponsor of the immigrant, someone who says I will state here that I 
will be responsible for this immigrant to make sure that this person 
does not become a public charge as he or she wishes to enter this 
country; I will pay a fee to have the application for admission 
processed.

[[Page H2449]]

  As a result of H.R. 2202, various categories of individuals will no 
longer qualify for visas, siblings of U.S. citizens. For example, adult 
children of U.S. citizens can no longer come into the country in most 
cases. Yet fees were paid by U.S. citizens to get these folks, their 
relatives, to come into the country.
  Now as I understand it, that is no longer part of the legislation we 
are considering. Yet, in the case of one of these en bloc amendments, 
we will be reimbursing fees paid by some individuals even though what 
we are doing in this bill is saying that they no longer qualify or 
because they no longer qualify for admission as immigrants in this 
case.

  We are doing this for the Poles that are mentioned in this particular 
amendment. Again I have no problems in doing so, because I think it is 
only fair that if somebody paid a fee and now the service the fee is 
meant to provide can no longer be rendered, then someone should get 
that fee reimbursed.
  But it is not just Poles who have paid a fee, that should be 
reimbursed. It seems to me that anyone who has paid for something is 
entitled to either receive the service or get the money reimbursed, and 
I would have that reservation.
  I would still support all of the amendments, including those that I 
just mentioned, but I would have the reservation. It seems we should be 
doing this on an equal and fair basis and not in some particular cases.
  Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I might 
consume.
  I just wanted to respond to my friend from California to say there is 
in the bill a mechanism to reimburse individuals who are not admitted 
to this country. But furthermore, I want to say in regard to the 
amendment he was referring to, I would distinguish this amendment from 
the overall group of individuals who might not be admitted by saying 
that this amendment is specifically to reimburse individuals who were 
given an erroneous notification by the State Department.
  So in this case the State Department made a mistake, and we are 
simply trying to rectify that. This is a very narrow instance of where 
we need to bring some equity to bear.
  Mr. Chairman, I yield 3 minutes to the gentlewoman from Utah [Mrs. 
Waldholtz].
  Ms. WALDHOLTZ. Mr. Chairman, included in the en bloc amendment 
offered by Chairman Smith is an amendment I offered that will express 
the sense of Congress that the mission statement of the Immigration and 
Naturalization Service should include a provision that the INS has the 
responsibility to detect, apprehend, and deport illegal aliens, 
particularly those involved in drug trafficking or other criminal 
activity.
  Like many other communities around the Nation, the people in my 
district are having a critical problem with illegal aliens dealing in 
drugs, that are involved in criminal activities, especially drug 
trafficking.
  In 1995 alone, Salt Lake City police arrested over 3,600 people for 
felony-level narcotic violations, of which 80 percent were illegal 
aliens. Because of the lack of sufficient funding and staffing, the 
local INS office has been unable to handle this volume of cases and has 
had to focus almost exclusively on the worst offenders.
  I would like to submit for the Record a letter sent to me by Captain 
Roy Wasden of the Salt Lake Police Department that outlines the 
difficulties that the police are having dealing with this problem.
  In a drug sweep early this year, Salt Lake police arrested 193 people 
for felony narcotic violations, of which 156 were illegal aliens. The 
INS tried to help Salt Lake police process the illegal aliens, but they 
did not have enough staff and ran out of funds. As a result the 
suspects were back on the streets.
  Sadly, that action had a tragic result. One of the illegal aliens 
arrested and released, later shot and killed Diane Purper, a mother of 
five, over a minor traffic dispute. Since the killer had been arrested 
four times prior to this shooting, perhaps this tragedy could have been 
avoided if the INS would have had the manpower to do their job and 
deport this individual after his first arrest.
  As the INS works to detect, apprehend, and deport illegal aliens, a 
much grater emphasis should be given to arresting and deporting 
criminal illegal aliens. I urge my colleagues to support this amendment 
so that the INS can have a clear mandate from the House that we must 
rid our communities of these criminal elements.

                                              Salt Lake City Corp.


                                            Police Department,

                                Salt Lake City, UT, March 1, 1996.
     Hon. Enid Greene-Waldholtz,
     House of Representatives,
     Washington, DC.
       Dear Congresswoman: In the spring of 1994 the Salt Lake 
     City Police Department began to see that a large number of 
     undocumented aliens were involved in crimes in the Salt Lake 
     area. The largest problem existed in the drug arena. Officers 
     started a strong order maintenance effort in the areas of the 
     city that were plagued by open air drug markets. In this 
     initial effort all violations of the law were challenged. 
     Officers were making thousands of stops and arrests for minor 
     violations such as littering, trespassing, jay walking, open 
     container, etc. In an effort to gauge the magnitude of the 
     undocumented alien problem officers tried to determine the 
     number of persons they encountered that were undocumented 
     aliens. During the approximate time frame of May to November 
     1994 we found that in about 7,000 contacts around 6,000 
     persons told the officers that they were undocumented aliens 
     (85%). This is consistent with what we have found during the 
     past 18 months as we have made major efforts to arrest drug 
     dealers.
       During 1995 our records indicate that we made 3,652 arrests 
     for felony level narcotics violations. Of those arrests, 
     2,922 were undocumented aliens (80%). The local I.N.S. Office 
     could not even begin to deal with this volume and had to 
     focus their efforts on only the most egregious offenders. 
     During 1995 there were a record number of homicides (27) 
     committed in Salt Lake City. Of these homicides 11 were 
     directly related to the drug trade (41%). Of the 27 
     homicides, 14 of the victims were undocumented aliens (52%) 
     and 8 of the suspects were undocumented aliens (30%). These 
     statistics clearly show that criminal undocumented aliens are 
     violent and dangerous to our community.
       This year we have conducted one drug operation in the city 
     that netted 193 felony narcotic arrests with 156 of those 
     arrests being undocumented aliens (81%). I.N.S. attempted to 
     assist but ran out of funds and staffing. Virtually all of 
     the suspects from these arrests were released from jail with 
     their promise to appear in court (history indicates they do 
     not appear in court). They are back on the street dealing 
     drugs as I write this document. It was one of these drug 
     dealers that shot and killed a mother of 5 over a traffic 
     dispute. He is still at large and had been arrested 4 times 
     prior to committing the homicide.
       Salt Lake City, Salt Lake County and the State of Utah are 
     at a crisis point. Despite thousands of arrests, strong 
     enforcement efforts and the City's unceasing efforts the 
     numbers of criminal aliens are increasing. I believe the word 
     is out that State of Utah and Salt Lake City in particular 
     are prime markets where there is no consequence for criminal 
     behavior. We must have more assistance in dealing with 
     criminal undocumented aliens.
       Thank you for your attention to and attendance in this very 
     important matter. Please feel free to contact me for any 
     questions or assistance. I can be reached at (801) 799-3115.
           Sincerely,
                                           Roy W. Wasden, Captain,
                                          Pioneer Patrol Division.
  Mr. CARDIN. Mr. Chairman, I rise in strong support of amendment No. 
11 to H.R. 2202, included in the en bloc amendment currently under 
consideration. The amendment is straightforward; it strengthens 
enforcement of employer sanctions.
  Despite the rhetoric on the issue, border enforcement will not solve 
the illegal immigration problem. The lure of high wages and plentiful 
job opportunities attracts thousands of illegal immigrants each year. 
If illegal workers could not secure employment, they would go home and 
fewer unauthorized aliens would attempt to enter the United States 
illegally.
  We must reduce the job magnet. We can do this by deterring employers 
who hire illegal immigrants in order to obtain an unfair competitive 
advantage over law-abiding employers. Those employers who do not abide 
by the law, pay lower wages, given no benefits, pay no taxes, and 
thereby, suppress wages and working conditions for our country's legal 
workers.
  In 1986, Congress, enacted the Immigration Reform and Control Act 
(IRCA) prohibiting the employment of unauthorized aliens. Although the 
intent of Congress was clear, the INS admits, ``this law was not 
properly enforced, except immediately after passage of the Act, because 
the Federal Government until recently lacked the resources . . . [and] 
has not made employer sanctions a sufficiently high priority.''
  The President should be commended for his efforts in this area. Not 
only has worksite enforcement become a high priority of his 
Administration, on February 13, 1996, the President issued an Executive 
Order, stating that

[[Page H2450]]

``in procuring goods, . . . contracting agencies should  not contract 
with employers that have not compiled with section 274A of the IRCA . . 
. prohibiting the unlawful employment of aliens.''
  Amendment No. 11 to H.R. 2202 would ensure that section 274A of the 
IRAC, and the Executive Order, can be enforced properly. The amendment 
states that worksite enforcement should be a high priority for the 
Immigration and naturalization Service. In addition, it requires the 
Attorney General to report to Congress whether there are any additional 
authorities or resources needed to enforce: the Immigration Reform and 
Control Act's employer sanctions; the Presidential Executive Order 
which states that employers who hire illegal immigrants are denied 
Federal contracts; and an expansion of the Executive Order so that 
employers who hire illegal immigrants are denied all federally 
subsidized assistance programs.
  I urge my colleagues to support the en bloc amendment so that 
sanctions become a reality for those employers who break the law.
  Mr. BRYANT of Texas. Mr. Chairman, I would say that the minority has 
no objection to this amendment, and I yield back the balance of my 
time.
  Mr. SMITH of Texas. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendments en bloc, as modified, 
offered by the gentleman from Texas [Mr. Smith].
  The amendments en bloc, as modified, were agreed to.
  The CHAIRMAN. It is now in order to consider amendment No. 3 printed 
in part II of House Report 104-483.


                   amendment offered by mr. beilenson

  Mr. BEILENSON. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Beilenson:
       Amend subsection (b) of section 102 to read as follows:
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section not to exceed 
     $110,000,000. Amounts appropriated under this subsection are 
     authorized to remain available until expended.

  The CHAIRMAN. Pursuant to the rule, the gentleman from California 
[Mr. Beilenson] will be recognized for 5 minutes, and the gentleman 
from California [Mr. Hunter] will be recognized for 5 minutes.
  The Chair recognizes the gentleman from California [Mr. Beilenson].
  Mr. BEILENSON. Mr. Chairman, the amendment I am offering would 
replace the bill's requirement for the construction of 14 miles of 
triple fencing along the San Diego border with an authorization for the 
installation of additional physical barriers in all areas of high 
illegal entry into the United States.
  As a cosponsor of H.R. 2202, I agree completely with my many 
colleagues who support the need to better reinforce physical barriers 
along the border to deter illegal immigration. But this particular 
barrier--a triple fence--is one which is opposed by the very law 
enforcement officials who will be responsible for patrolling it.
  The San Diego triple fence is opposed by the Border Patrol, by the 
Department of Justice, and by the union representing Border Patrol 
agents in the San Diego area, largely because--in their opinion--the 
fence would subject Border Patrol agents to unnecessary danger, and 
would merely shift the illegal entry problem to other areas of the 
1,500-mile United States-Mexico border.
  Douglas Kruhm, the Chief of the U.S. Border Patrol, who is a 
uniformed agent who worked his way up through the ranks, explained the 
Border Patrol's opposition to the triple fence in a letter to the 
Judiciary Committee, in which he said:

       This proposal threatens to endanger the physical safety of 
     Border Patrol agents . . . by enclosing them in areas without 
     easy escape routes, and [it] will reduce our ability to 
     prevent illegal entry along the border . . . In our view, the 
     deployment of personnel, physical barriers, technology, and 
     operational judgments are decisions best left to the border 
     patrol agents who are responsible for the day-to-day 
     operation at the ground level.

  The Border Patrol agents' union echoed this position in a recent 
statement, when they said that ``there is no support from U.S. Border 
Patrol Agents in the field for the three-tiered fence. We see it as a 
dangerous situation.''
  And in a letter to the Speaker of the House, the Department of 
Justice made this plea:

       We request that the House defer to the experience of those 
     in the Border Patrol who are responsible for the safety of 
     the Patrol's men and women and strike this section from the 
     bill.

  The triple fence proposal was developed 5 years ago by Sandia 
National Laboratories, a weapons laboratory that was asked by the Bush 
administration to do a study on drug traffic. Without considering the 
practicality or danger to Border Patrol personnel of such a fence, 
Sandia concluded that a triple fence would more effectively prevent 
illegal crossing than the existing single fence.

  While their conclusions may be valid in theory, they make no sense to 
those who have experienced the reality of patrolling a 1,500 mile 
border. Sandia's experience with triple fencing is in settings where 
the authorities can control both sides of it--like surrounding a secure 
national laboratory or a prison--which is quite different from the 
United States-Mexico border. In addition, much has changed since Sandia 
issued its report--there are more agents, more sensors, more single 
fencing, more night scopes and other technology on the border, all of 
which were not evaluated by Sandia and have proven to be enormously 
effective in deterring illegal immigration.
  Some supporters of the triple fence say that it is supported by 
Silvestre Reyes, the former head of the El Paso Border Patrol, whose 
``Operation Hold the Line'' cut the number of illegal crossing from 
8,000 to a few hundred a day. But the fact is that, while Mr. Reyes 
agrees that fences, when supported by adequate staffing, can help to 
deter illegal immigrants, he opposes the triple fence proposal for the 
same reasons voiced by other agents.
  Finally, even if a triple fence were a good idea, the $12 million 
authorized in the bill is inadequate to fund a 14 mile triple fence. 
Depending on the cost of land acquisition and the type of fence used, 
and assuming there is no road construction involved, the total cost 
will range from $87 million to $110 million, according to estimates 
made by the Department of Justice in conjunction with the Department of 
Defense.
  This amendment before us would strike the triple fence requirement 
and replace it with a new subsection that authorizes a $110 million 
appropriation for the Immigration and Naturalization Service [INS] to 
install additional physical barriers and roads--including the removal 
of obstacles to detection of illegal entrants--anywhere along the 
border where improvements are needed. This approach would ensure that 
Congress is not requiring the INS to construct a barrier that it does 
not have sufficient funds to build. And, more importantly, by deferring 
to the expertise and experience of border enforcement personnel on the 
type of barriers that would be most useful, it would ensure that 
taxpayer dollars will be spent wisely and effectively.
  Finally, Mr. Chairman, I think an editorial in the San Diego Union-
Tribune said it best when it said, ``If the--triple fence--were free, 
it would be a lousy idea. The fact that it could cost as much as $110 
million * * * makes it an extraordinarily bad idea.'' The same 
newspaper wisely urged that rather than trying to micromanage how the 
Border Patrol does it job in the San Diego sector, Congress should give 
the agency the financial support it needs to stem the flow of illegals 
as it sees fit.
  Mr. Speaker, instead of jeopardizing the safety of our Border Patrol 
agents and merely shifting the problem of illegal crossings away from 
14 miles of the San Diego border, we need to put our resources where 
they can do the most good--as determined by the officers on the line. 
Only then will we have a demonstrable impact on stopping illegal 
immigration into this country.
  I urge my colleagues to support this amendment.

                              {time}  2115

  Mr. Chairman, instead of jeopardizing the safety of our Border Patrol 
agents and merely shifting the problem of illegal crossings away from 
the 14 miles of the San Diego border, we need to put our resources 
where they will do the most good as determined by the professionals on 
the line. Only then will we have a demonstrable impact on stopping 
illegal entry into the country.

[[Page H2451]]

  I urge my colleagues to support this amendment.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I can understand now why the amendment was offered, 
because there are a number of mistakes with respect to the facts. The 
gentleman mentioned that Chief Reyes, Silvester Reyes, who is by far 
the most famous Border Patrol chief in this country because he actually 
did something in terms of stemming the tide and holding the line in El 
Paso, was represented by a San Diego Union editorial writer as being 
opposed to the fence.
  After he testified before the Subcommittee on Immigration and Claims 
of the Committee on the Judiciary, he stated that, if you had 
sufficient agencies and you had a triple fence, you could indeed stop 
illegal immigration. When I sent the editorial that the gentleman just 
read and another editorial to Silvester Reyes, he responded with a 
corrective letter to the newspaper admonishing them not to misrepresent 
his position.
  His position just a couple of days ago was this: As a former chief of 
the El Paso Border Patrol sector, I testified last year before Congress 
on our efforts to control illegal immigration in the El Paso area. I 
might add that he testified with Mrs. Meissner, head of the INS, who 
opposed the fence, sitting right next to him and glaring at him as he 
testified. He said: Representative Duncan Hunter asked me if triple 
fencing along the border and additional staffing would provide us with 
the proper resources to control illegal immigration. I replied that it 
would.
  Mr. Chairman, now, that is the word from Silvester Reyes. We can 
cable him, we can pass him on the street, we can phone him, but he has 
repudiated the statement by the San Diego Union that he really did not 
mean it when he said that the border fence would stop illegal 
immigration if it was erected and if it had sufficient staffing.
  Now, the gentleman has talked about safety. I have had a number of 
Border Patrol agents to my town meetings, and they like the triple 
fence and the INS, which has tried to scare its agents, has not told 
them about the provision in this lengthy Sandia analysis that engineers 
the fence, which is dedicated to safety, and it said we are going to do 
a number of things for safety. It said we are going to make sure that 
the cars are armored that go in between. We are going to give them 
plenty of turn-around room. And most importantly, we are going to have 
safety gates that they can exit from on a moment's notice and that 
backup can proceed into if they are in-between these fences.
  Mr. Chairman, the border is still out of control, despite the 
resources that we voted in this Congress. We need to have a secure 
barrier. The most famous and most knowledgeable and I think one of the 
Border Patrol chiefs with the best safety record supports this fence. 
We need to build it. It is in the bill.
  I would ask all Members to support it.
  Mr. BILBRAY. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from California.
  Mr. BILBRAY. Mr. Chairman, I would like to commend the gentleman from 
California [Mr. Hunter] because I think this body ought to recognize 
that the gentleman not only had the foresight but he also had the 
intestinal fortitude to address an issue that was ignored too long.
  We remember when this man was ridiculed because he talked about 
taking surplus matte and basically free welding classes being given to 
the National Guard to weld up a structure along the border. And 
everybody laughed at the gentleman from California [Mr. Hunter] and 
said it was outrageous, that it was not going to do any good. Well, let 
me say as somebody that not only lives down there but as somebody whose 
teenage daughter goes down to feed the horses within a half a mile of 
the border where Mr. Hunter's fence went up, I say to the gentleman, 
Mr. Hunter, thank you for having the guts to do what no one else dared 
to do. And I would say to my colleague, I know his concerns.
  Mr. Chairman, I just finished this weekend talking with some agents. 
Their concern is that they not be required to work within the perimeter 
but to be allowed operational latitude. I would ask the gentleman make 
sure that this administration gives the operational latitude. But this 
administration stopped this fence, refused to recognize the benefits of 
the fence.
  Frankly, I have got to go with a winning team, somebody who has 
credibility along the border. And in all fairness, this is a man who 
knows the border, has been successful, has had the guts to move forward 
and be ahead of the rest of the Congress on this issue. And I say to my 
colleague that there are those that may be concerned, but his 
experience, his success leaves me to say I have supported him along the 
border on this issue and I will take the heat.
  Mr. Chairman, I would ask those of my colleagues to come visit the 
border and tell me that it is not a safer place because this man stood 
up years ago and said that physical structures are part, not all, but 
part of the answer. I thank my colleague for giving us this fence.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman from California [Mr. 
Bilbray].
  Mr. LAUGHLIN. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to my friend, the gentleman from Texas.
  Mr. LAUGHLIN. Mr. Chairman, I am a non-Californian who is going to 
speak on this amendment, and I have to confess my knowledge of it comes 
as a result of Army Reserve duty. I was assigned as an Army reservist 
to work with the Army Reserve units building the first perimeter fence 
from the steel matte from landing mats that were used in Vietnam that 
had been in storage for many years.
  What I learned by this is it was not just stopping illegal 
immigrants. It was safety for the officers, safety for people. The 
rapes, the robberies, the drug sales, and the murders went down because 
of the fence. So I urge opposition to the amendment.
  Mr. HUNTER. I thank the gentleman.
  The CHAIRMAN. All time has expired.
  The question is on the amendment offered by the gentleman from 
California [Mr. Beilenson].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. BEILENSON. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to the rule, further proceedings on the 
amendment offered by the gentleman from California [Mr. Beilenson] will 
be postponed.
  It is now in order to consider amendment No. 4 printed in part 2 of 
House Report 104-483.


                   amendment offered by mr. mccollum

  Mr. Mc COLLUM. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part 2 amendment number 4 offered by Mr. McCollum: After 
     section 216, insert the following new section (and conform 
     the table of contents accordingly):

     SEC. 217. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY 
                   ACCOUNT NUMBER CARD.

       (a) Improvements to Card.--
       (1) In general.--For purposes of carrying out section 274A 
     of the Immigration and Nationality Act, the Commissioner of 
     Social Security (in this section referred to as the 
     ``Commissioner'') shall make such improvements to the 
     physical design, technical specifications, and materials of 
     the social security account number card as are necessary to 
     ensure that it is a genuine official document and that it 
     offers the best possible security against counterfeiting, 
     forgery, alteration, and misuse.
       (2) Performance standards.--In making the improvements 
     required in paragraph (1), the Commissioner shall--
       (A) make the card as secure against counterfeiting as the 
     100 dollar Federal Reserve note, with a rate of counterfeit 
     detection comparable to the 100 dollar Federal Reserve note, 
     and
       (B) make the card as secure against fraudulent use as a 
     United States passport.
       (3) Reference.--In this section, the term ``secured social 
     security account number card'' means a social security 
     account number card issued in accordance with the 
     requirements of this subsection.
       (4) Effective date.--All social security account number 
     cards issued after January 1, 1999, whether new or 
     replacement, shall be secured social security account number 
     cards.
       (b) Use for Employment Verification.--Beginning on January 
     1, 2006, a document described in section 274A(b)(1)(C) of the 
     Immigration and Nationality Act is a secured social security 
     account number card (other

[[Page H2452]]

     than such a card which specifies on the face that the 
     issuance of the card does not authorize employment in the 
     United States).
       (c) Not a National Identification Card.--Cards issued 
     pursuant to this section shall not be required to be carried 
     upon one's person, and nothing in this section shall be 
     construed as authorizing the establishment of a national 
     identification card.
       (d) No New Databases.--Nothing in this section shall be 
     construed as authorizing the establishment of any new 
     databases.
       (e) Education Campaign.--The Commissioner of Immigration 
     and Naturalization, in consultation with the Commissioner of 
     Social Security, shall conduct a comprehensive campaign to 
     educate employers about the security features of the secured 
     social security card and how to detect counterfeit or 
     fraudulently used social security account number cards.
       (f) Annual Reports.--The Commissioner of Social Security 
     shall submit to Congress by July 1 of each year a report on--
       (1) the progress and status of developing a secured social 
     security account number card under this section,
       (2) the incidence of counterfeit production and fraudulent 
     use of social security account number cards, and
       (3) the steps being taken to detect and prevent such 
     counterfeiting and fraud.
       (g) GAO Annual Audits.--The Comptroller General shall 
     perform an annual audit, the results of which are to be 
     presented to the Congress by January 1 of each year, on the 
     performance of the Social Security Administration in meeting 
     the requirements in subsection (a).
       (h) Expenses.--No costs incurred in developing and issuing 
     cards under this section that are above the costs that would 
     have been incurred for cards issued in the absence of this 
     section shall be paid for out of any Trust Fund established 
     under the Social Security Act. There are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     section.

  The CHAIRMAN. The gentleman from Florida [Mr. McCollum] and a Member 
opposed each will control 15 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].
  Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may 
consume.
  I want to explain this amendment to everybody so they clearly 
understand what it is. It is a requirement so that the Social Security 
Administration move over the next few years to make a Social Security 
card as counterfeit-proof as the $100 bill that is out now, and as free 
and protected from fraudulent use as the passport. I would submit that 
this is something that is long overdue. It is not very complicated. It 
is not a national ID card. There is no new use. There are no 
fingerprints. There are no retina scans. There are no magnetic strips. 
This is a simple improvement in the existing paper that is out there 
which is absolutely essential if we are going to control illegal 
immigration in this country and make employer sanctions work.
  We have today in the Nation about 4 million illegals present in this 
country. We legalized a few years ago about 1 million in the 
legalization process that I opposed in the 1986 law. Well, since then 
we have gotten 4 million more, we are adding about 300,000 to 500,000 
illegals a year to this country, and in that process we cannot absorb 
and assimilate all of them coming in that rapidly and settling in the 
communities where they are settling and having the impacts that they 
are having. We are seeing our cultural, our social and our economic 
costs skyrocket in those communities, and that is why we are here 
tonight addressing the illegal immigration portion of this bill.
  Well, how do we stop that? What is causing people to come? Well, I 
would submit the reason people are coming here to this country is 
something we have known for a long time, jobs, to get a job. The only 
way that we are going to stop people from coming here is by cutting off 
the magnet of jobs. No matter how many Border Patrol we put up on the 
border, and I am all for doing that, we will never completely stop it. 
Plus, about 50 percent or so of those who come here or were here 
illegally are visa overstays. They never crossed the border illegally 
in that sense, anyway, but they are here illegally.
  Mr. Chairman, the way we have to make this work is to make an act 
provision from 1986, the current law, operable. It is now against the 
law for an employer to knowingly hire an illegal alien. It has been for 
10 years. The problem is document fraud. The problem is we cannot 
enforce employer sanctions because we have today some 29 documents that 
may be used when somebody goes to get a job to prove they are eligible 
to get that job. The employer has to check an I-9 form off and look for 
some combination of those documents. One of those documents is the 
Social Security card.
  Under this bill, we reduce the number of documents that we may use 
when we go to seek a job from 29 down to 6. One of those documents 
remains the Social Security card which today is the most counterfeited, 
most fraudulently used official document of the United States.
  We can buy a counterfeited Social Security card of the so-called 
newer variety on the streets of Los Angeles for $30 or $40. It is a 
very common thing as long as that is the case. As long as 
counterfeiting of the Social Security card can be that easy, we can 
never make employer sanctions work. We can never stop employers hiring 
illegal aliens because they do not know who they are and they get 
documents that are fraudulent. And we can never then control illegal 
immigration coming into this country. That is not the end-all, be-all, 
but making the Social Security card more secure and more tamper 
resistent is critical to being able to ever do this, and that is what 
my amendment does.

  Mr. Chairman, it is the simple amendment that I am offering tonight 
that would get at that problem. Again it would require the Social 
Security Administration over the next 3 years to go to a card that is 
as counterfeit-proof as the $100 bill and as resistant to fraudulent 
use as the passport. It would require it for new issues. It would not 
require everybody to get one of these cards. It would not have any new 
use, no new data bank, no fingerprints, no national ID of any sort.
  By the year 2006, under this amendment, nobody would be able to use a 
Social Security card that was not of the new variety in order to prove 
their eligibility, but there are other documents that would still be 
around besides a Social Security card they could use. So some of them 
will go back after that and seek the use of the Social Security card. 
Maybe they will want a new one. But I would submit by that time things 
will be pretty well taxed away.
  Last comment, Social Security Administration apparently thinks this 
is going to cost billions of dollars to implement, but the 
Congressional Budget Office says that it would average about $51 
million a year over the next 10 years. I think after that it would go 
down in cost, not up, since about half the cards will already be new, 
and fewer and fewer people would be seeking to have new cards at that 
particular point.
  So I would encourage my colleagues to adopt this amendment. It is the 
most important immigration amendment I think I have ever offered, and I 
have been around this body offering immigration amendments for a long 
time.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. The gentleman from Indiana [Mr. Jacobs] is recognized 
for 15 minutes in opposition to the amendment.
  Mr. JACOBS. Mr. Chairman, I yield 5 minutes to the gentleman from 
Kentucky [Mr. Bunning], the Hall of Famer.
  (Mr. BUNNING of Kentucky asked and was given permission to revise and 
extend his remarks.)
  Mr. BUNNING of Kentucky. Mr. Chairman, I thank the gentleman for 
yielding me this time.
  Mr. Chairman, I include for the Record a letter from Shirley Chater, 
the head of the Social Security Administration, in direct opposition to 
this amendment.
  The letter referred to is as follows:

                                              Social Security,

                                   Washington, DC, March 19, 1996.
     Hon. Jim Bunning,
     House of Representatives,
     Washington, DC.
       Dear Representative Bunning: I am writing today to state 
     the Administration's concerns regarding an amendment to H.R. 
     2202, the Immigration in the National Interest Act of 1995, 
     which will be offered by Representative Bill McCollum (R., 
     FL). Mr. McCollum's amendment would require the Social 
     Security Administration to improve the physical design, 
     technical specifications, and materials used in the Social 
     Security card, to ensure that it is a genuine official 
     document, and that it is secure against counterfeiting, 
     forgery, alteration and misuse. Beginning in 1999, all new 
     and replacement Social Security cards would need to contain 
     these features. We are opposed to the adoption of this 
     amendment.

[[Page H2453]]

       In making these improvements, the amendment would require 
     SSA to use two performance standards. The first would be to 
     ensure that new and replacement Social Security cards would 
     be as secure against counterfeiting as the $100 Federal 
     reserve note. The second performance standard would require 
     SSA to make the Social Security card as secure against 
     fraudulent use as a United States passport.
       The current Social Security card that is issued by SSA is 
     already counterfeit-resistant. The current card includes most 
     of the features that have recently been incorporated in the 
     newly redesigned $100 bill, such as small disks that can be 
     seen with the eye, but that cannot be reproduced by color 
     photocopiers. In addition, the current card is printed on 
     banknote-quality paper that has a blue marbleized background 
     with raised printing that can be felt by running one's 
     fingers across the card.
       While the McCollum amendment's requirements are non-
     specific, it appears that, at a minimum, SSA would be 
     required to place an individual's photograph on each Social 
     Security card, effectively turning it into a photo-
     identification document similar to the U.S. passport. It is 
     not clear what other features might be required.
       We are opposed to this amendment because it changes the 
     basic nature of the Social Security card. The card is 
     intended to enable employees and employers to assure that 
     wages paid to an individual are properly recorded to the 
     employee's Social Security earnings record. Throughout its 
     history, the card has never contained any identifying 
     information other than the name of the individual to whom the 
     number has been assigned. Many editions of the card have 
     expressly stated that the card was not intended for 
     identification.
       This has assured that the Social Security card did not 
     become a de facto national identity card. Mr. McCollum's 
     amendment includes language stating that the new card would 
     not be a National identification card. However, to the extent 
     that an individual's Social Security card has information of 
     identity, the practical effect is to establish that card as a 
     National identification document. The Administration is 
     opposed to the establishment, both de jure and de facto, of 
     the Social Security card as a National identification 
     document.
       The Administration is also concerned that a de facto 
     National identification card, such as the upgraded Social 
     Security card, has the potential for becoming a source of 
     harassment for citizens and non-citizens who appear or sound 
     ``foreign.'' Such individuals could be subject to 
     discriminatory status checks by law enforcement officials, 
     banks, merchants, schools, landlords, and others who might 
     ask for an individual's Social Security identification card. 
     We are opposed to jeopardizing the civil rights of such 
     individuals and urge the Members of the House to oppose the 
     McCollum amendment from this perspective as well.
       Moreover, we believe that the additional workload 
     associated with placing a photograph and other additional 
     features on all new and replacement Social Security cards 
     would adversely affect SSA's ability to handle its core 
     mission, which is to administer the Social Security program. 
     In that regard, I would note that the current Social Security 
     card is entirely satisfactory from the perspective of 
     fulfilling its role in the administration of the Social 
     Security program.
       Any implementation of the McCollum amendment, should it be 
     enacted, would have a substantial fiscal and personnel 
     impact. We estimate that placing photographs on Social 
     Security cards would increase SSA's administrative needs by 
     as much as $450 million annually. Over 5 years, this would 
     result in additional administrative spending by SSA of as 
     much as $2.25 billion. If the effect of the McCollum 
     amendment is to replace all Social Security cards currently 
     in use, the cost would be $3 to $6 billion, depending on the 
     features required.
       Finally, this workload would increase SSA's staffing needs 
     by an estimated 5,700 work years annually. This would be a 10 
     percent increase in SSA's projected authorized staffing for 
     1999. The amendment would adversely affect SSA's core mission 
     because it would establish a costly new work load that would 
     significantly increase SSA's staffing needs. As you know, the 
     Congress in 1994 passed crime legislation calling for a 
     reduction in overall Federal staffing by 272,000 work years. 
     SSA's projected share of this reduction is about 4,500 work 
     years. To assure that these work year savings were realized, 
     the crime bill placed a ceiling on all Federal employment. 
     This, coupled with the freeze that has been imposed on the 
     domestic discretionary spending cap, which includes SSA's 
     administrative budget, makes it highly unlikely that SSA will 
     be provided with the additional resources required for 
     placing photographs on Social Security cards.
       If SSA did not have authority to employ additional staff, 
     the only other alternative available to the agency would be 
     to defer or discontinue other work loads associated with the 
     administration of the Social Security program. We believe 
     that this possibility could pose a grave threat to SSA's 
     ability to carry out the essential tasks associated with 
     assuring that benefits are paid to those who apply for them 
     as soon as possible.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this letter from the 
     standpoint of the Administration's program.
           Sincerely,
                                                Shirley S. Chater,
                                  Commissioner of Social Security.

  Mr. Chairman, let me say at the onset that all aspects of the Social 
Security number fall solely under the jurisdiction of the Ways and 
Means Committee, specifically, the Social Security Subcommittee, of 
which I am chairman.
  The McCollum amendment would expand the use of the Social Security 
card for immigration control purposes without a fair hearing before the 
Ways and Means Committee.
  The McCollum amendment would require the Social Security 
Administration to issue new and replacement Social Security number 
cards beginning in 1999 that are as secure against counterfeiting as 
the $100 Federal Reserve note, and as secure against fraudulent use as 
a U.S. passport. That means you have to have your picture on it.
  This radically changes the purpose of the Social Security card from a 
wage reporting document to an immigration control national 
identification card.
  The Social Security Administration has already incorporated a series 
of security features designed to secure Social Security cards against 
counterfeiting or tampering. These include very similar technologies 
that were used in the recently issued $100 Federal Reserve note.
  But, by implication, the McCollum amendment goes beyond this and 
requires that future Social Security cards have a photo I.D., one of 
the main features of the U.S. passport. The overall impact could result 
in the Social Security Administration having to replace up to 200 
million cards by the year 2006, at a cost to the Social Security 
Administration of 3 to 6 billion dollars, depending on what you add to 
them.
  To put this in perspective, the entire annual administrative budget 
for processing applications and paying monthly Social Security benefits 
to all 43 million eligible Americans is $3 billion.

                              {time}  2130

  Although Social Security benefit payments are off budget, SSA 
administrative expenses are subject to the domestic discretionary cap, 
and funds are already insufficient to enable SSA to carry out its 
mission or processing disability claims on time, or conducting the 
continuing disability reviews required by law.
  Furthermore, SSA staffing is subject to a ceiling, and is scheduled 
for reduction by 4,500 positions by 1999, even though the number of 
those receiving Social Security benefits is projected to increase by 3 
million in the same period.
  While the McCollum amendment would authorize the appropriation from 
general revenues to carry out the new duties required, it is impossible 
to determine what the Appropriations Committee will fund from year to 
year.
  In short, spending caps are tight and are projected to get tighter, 
and requiring SSA to assume duties outside its mission would cause 
further deterioration of the Social Security services it is required to 
provide.
  The current tamper-resistant Social Security card currently issued 
enables SSA to credit wages and fulfill its mission administering the 
Social Security programs.
  While I strongly support appropriate measures to curb illegal 
immigration and employment, I must oppose any proposals that would 
change the issuance or purpose of the current Social Security card 
without thorough examination and debate by the Committee on Ways and 
Means.
  Most Social Security cards belong to law-abiding citizens. According 
to SSA, unless a totally fool-proof method is discovered to prevent 
fraudulent documents from being used to obtain Social Security cards, 
the result of reissuing these cards would be inconveniences to law-
abiding citizens, rather than the added immigration control benefits 
intended by this amendment.
  I urge my colleagues to oppose the McCollum amendment.
  Mr. McCOLLUM. Mr. Chairman, I yield myself 1 minute to respond.
  Mr. Chairman, I just simply want to comment on my good friend and 
colleague's comments on this. I do not doubt his sincerity, and I do 
not doubt the sincerity of the Social Security Administration. But some 
of the things that they are putting out just does not jibe with my 
amendment.

[[Page H2454]]

  One of them is, there is no new use by my amendment for the Social 
Security card from existing law. The Social Security card, whether we 
like it or not, is today utilized as one of the documents to show a 
person is eligible to get a job. It is also utilized in welfare. It is 
utilized in a lot of other places. I add not one new use to the Social 
Security card.
  Second, through the year 2006 at least there is no real new cost to 
issuing cards because the Social Security Administration regularly 
issues new cards anyway, and reissues cards upon request, and there 
would be no additional demand on them, at least through that period of 
time, and the cost, as the CBO [Congressional Budget Office] has 
indicated, is very minimal to make this transition to what would 
equivalently be like the passports which has paper like this, that has 
all kinds of codes and inking and special designs in it, which today is 
simply not a part of the Social Security card.
  I wish I could agree with the gentleman that the Social Security 
card, as my colleagues know, is already tamper-proof, but it is not. It 
is the most fraudulently used card today in America, it is rampant with 
counterfeiting, and that is why INS and others have so much trouble 
with it.
  I do not wish to expand in any way, and I do not believe the costs I 
am imposing in any way, impinges in the way that the Social Security 
Administration wants, and neither does the Congressional Budget Office.
  Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. 
Beilenson].
  Mr. BEILENSON. Mr. Chairman, I rise in strong support of the McCollum 
amendment.
  When Congress enacted employer sanctions as part of the 1986 
Immigration Reform and Control Act, we did so in recognition of the 
fact that the primary reason immigrants come to the United States is to 
find jobs, and that we cannot possibly stop illegal immigration unless 
we stop employers from hiring illegal immigrants.
  Unfortunately, however, we made the employer sanctions law virtually 
impossible to enforce, because we failed to provide a sound and 
dependable way for employers to determine whether or not a prospective 
employee is here in the United States legally.
  Right now, a person can use any of 29 documents to demonstrate work 
eligibility. That has given rise to a huge, multimillion-dollar 
industry in counterfeit Social Security cards, and other documents, 
that are easy to forge.
  It has also put employers in the position of trying to determine 
whether or not work authorization documents are authentic. Many 
employers, not wanting to take on that responsibility simply avoid 
hiring employees who look or sound foreign, causing widespread 
discrimination against U.S. citizens and legal residents.
  H.R. 2202 wisely reduces the number of documents a job seeker can use 
to prove employment authorization, but it does nothing to make one of 
those key remaining documents--Social Security cards--counterfeit-
resistant. That is a major flaw in this bill that this amendment would 
correct.
  I would like to point out that using Social Security for proof of 
work eligibility does not pose any greater threat to privacy than 
already exists. All workers must already provide a Social Security 
number upon taking employment. This proposal would simply help ensure 
that the Social Security care a prospective employee shows to an 
employer is not fraudulent.
  No matter how many other ways we attempt to curb illegal immigration, 
we will not succeed unless we have a realistic way of stopping illegal 
immigrants from getting jobs in this country. If Social Security cards 
are going to be one of the primary documents prospective employees use 
to prove employment eligibility--as this bill provides for--it is 
absolutely essential that we ensure that those cards cannot be easily 
forged, as they can be right now.
  Mr. Chairman, this amendment would provide one of the most effective 
tools possible to fight illegal immigration. If we are really serious 
about stopping illegal immigration, we must ensure that the 
documentation workers use to obtain jobs is authentic. I urge Members 
to vote ``yes'' on the McCollum amendment.
  Mr. McCOLLUM. Mr. Chairman, I reserve the balance of my time.
  Mr. JACOBS. Mr. Chairman, I yield myself 3 minutes.
   Mr. Chairman, it has been said that we need a reliable source to 
identify illegal immigrants, or legal immigrants or legal people, 
citizens. So the question arises: Just how reliable would a Social 
Security card with a picture on it be? And the answer lies in an old 
Volkswagen ad on a snowy day, when a guy gets up real dark and early, 
gets in a Volkswagen, tools along, goes to a barn and pulls out a snow 
plow and they said, ``Do you ever wonder how the guy who drives the 
snow plow gets to the snow plow in the morning?''
  Now, how does one get to a Social Security card if one is not born in 
the United States? Submit a birth certificate. How difficult is it to 
fake a birth certificate? Or do we want to amend this now and require 
pictures on birth certificates?
  The law would require that a baby submit a picture, I guess. Here we 
got a 3-day-old baby in the hospital, and they motor on down to the 
Federal building, take a shot of the baby and, as my colleagues know, 
people will not always look the same after 20 years or so as they do 2 
or 3 days after they are born.
  What would we do with Mrs. Clinton? I mean, she might look one way 
one day and another way another day. So how reliable is it ultimately 
going to be?
  As a matter of fact, my own judgment is that we have had this over 
the years. This is about $3 billion worth of wishful thinking.
  Now, let us try another one. Two hundred million mug shots on file 
here in the Federal Government. Well, that makes the original terrorism 
bill that everybody was up in arms about look like a tinker toy set. It 
is a noble purpose, but I do not really think that it would accomplish 
its purpose after we finish bankrupting the Federal Government by 
blowing $3 billion on it.
   Mr. Chairman, I reserve the balance of my time.
  Mr. McCOLLUM. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Virginia [Mr. Goodlatte].
  Mr. GOODLATTE. Mr. Chairman, I thank the gentleman from Florida [Mr. 
McCollum] for yielding me the time, and I rise in support of this 
amendment.
  Mr. Chairman, I think it is important that we make clear what this 
does not do. First of all, it is not a national ID card, as some have 
suggested. One would not have to carry it with them. They would not use 
it in any way different than they use their Social Security card right 
now, which is if someone presents it at the time they enroll with an 
employer for employment purposes.
  There is no new use called for for the Social Security card or Social 
Security number. There is no new data base here. There is nothing 
involved here other than the information that the Social Security 
Administration uses right now, and yet it ends a substantial amount of 
bureaucracy.
  Mr. Chairman, it is going to be the step toward curing the problem of 
dealing with whether or not, when somebody presents, they are using 
somebody else's Social Security number, and all manner of havoc can be 
caused when somebody takes somebody else's identity and uses that 
Social Security number. It costs the taxpayer money if we add to 
somebody else's record in terms of how much Social Security benefits 
have been paid. It can have a devastating impact on somebody if that 
takes place.
  The bill does not require that a photograph be put on the card. The 
Congressional Budget Office says that it does not cost $3 to $6 
billion. It costs $51 million, according to the Congressional Budget 
Office, our own agency, and we need this, and I am afraid I do not have 
the time to yield.
  I support the amendment.
  Mr. McCOLLUM. Mr. Chairman, I reserve the balance of my time.
  Mr. JACOBS. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas, Mr. Sam Johnson.
  Mr. SAM JOHNSON of Texas. Mr. Chairman, as my colleagues know, I 
think it is time we took a look at this thing. The purpose of the 
Social Security Administration is to provide benefits to seniors, not 
to police the borders.
  This card that we are talking about here costs about $10.54 to make. 
A card

[[Page H2455]]

like my colleagues are talking about, if it is like a passport, is $60. 
Taxpayers pay for a passport. They do not pay for this except through 
payroll tax deductions.
  Let me just read for my colleagues what the Social Security 
Administration says this is today. The current Social Security card is 
already counterfeit resistant, contains most of the features that have 
been incorporated in the newly redesigned $100 bill, such as small 
disks that can be seen with the eye, cannot be reproduced by color 
photographs. In addition, the current card is printed on banknote-
quality card paper that has blue marbleized background with raised 
printing that can be felt by running one's fingers across the card.
  It seems to me that maybe we are not looking at the Social Security 
cards when we hire people or when we ask people, ``Are you a legal 
immigrant?''
  Now I think it is time that we got down to brass tacks and said 
Americans do not want, do not need, and do not deserve a Federal 
identification card.
  Mr. McCOLLUM. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas [Mr. Stenholm].
  (Mr. STENHOLM asked and was given permission to revise and extend his 
remarks.)
  Mr. STENHOLM. Mr. Chairman, I rise in support of the McCollum 
amendment. This is not a national identification card; nothing could be 
further from the truth to make this argument.
  We have to look and, first off, answer a simple question: Do we have 
an illegal immigration problem? The answer usually comes back, yes, we 
do. If we do, then we have to use all of the tools available to us to 
help solve the problem.
  We currently have the technology to make identification cards highly 
resistant to counterfeiting. I do not know why we do not use it. 
Frankly, I believe we need to look beyond the Social Security card, as 
the previous speaker just mentioned, and apply this same technology 
that we have available to birth certificates and the other documents 
used to verify one's status in our country.
  I think that would be committing the resources to the problem that we 
need to have in this country if we are, in fact, going to solve the 
problem. The Congressional Budget Office has scored the McCollum 
amendment at an annual average cost of approximately $51 million over 
the next 10 years.
  Mr. Chairman, I yield to the gentleman from Kentucky [Mr. Bunning].
  Mr. BUNNING of Kentucky. Mr. Chairman, I believe that scoring was on 
a different McCollum amendment, not the present one being offered.
  Mr. STENHOLM. It is my information, according to the CBO, this is the 
amendment that we are talking about today.
  Mr. BUNNING of Kentucky. It is on the original McCollum amendment; it 
is not on this one.

                              {time}  2145

  Mr. STENHOLM. I believe it is in fact the amendment that we are 
considering today, Mr. Chairman. Also, we have heard a lot of other, I 
believe, well-intended but misinformed information concerning the cost 
of the technology that we are talking about on the particular card. We 
will be glad to provide the additional information as to the true cost 
of the technology involved in making this as counterfeit-proof as 
possible. Nothing is totally, counterfeit-proof, that is not 
technologically possible, but we can do a lot better job. I do not 
understand how my colleagues can argue that we should not do the best 
we possibly can in solving the problem.
  Mr. JACOBS. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, the gentleman from Texas said we ought to do the same 
thing with birth certificates. There goes another $3 billion, for my 
fiscally conservative friend. If it were worth $3 billion, I would be 
the first one to say yes, but we are a little short of change here in 
the Federal Government right now. If we buy $3 billion worth of wishful 
thinking, we have not exactly made a good bargain. It will not work.
  There are not very many people in this country that want their 
pictures on file with the Social Security system, or any other part of 
the Federal Government. We can say it is not a national ID card, and we 
can say if it quacks it is not a duck, but it has a lot of the earmarks 
of a national identification card. I, for one, do not want my picture 
on file in the Federal Government. I do not want that many people to 
find out how ugly I am.
  Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. 
Becerra].
  Mr. BECERRA. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, I will be brief, because I believe the arguments have 
been made in this particular debate very well by those who are opposing 
the amendment.
  Mr. Chairman, let me just say that it seems odd to me, at a time when 
we are talking about having the Federal Government downsize and devolve 
and allow us to have more control locally over what happens, that we 
have an initiative that would create a big Government enterprise. It 
would ask that the Social Security Administration do with the data base 
it has created over the last several decades what it was never meant to 
do, and that is, act as an identifier program. Never was the Social 
Security Administration told that the Social Security number would be 
used to check status. Yet, as we have seen and has been admitted by 
Members on both sides of the aisle, that is exactly what we see.
  The Social Security card is used for all sorts of purposes. Yet, we 
are told by the Social Security Administration that fully 60 percent of 
all the people who currently hold a Social Security card never had to 
prove that they were U.S. citizens, or whether they were here legally 
in this country. So we are talking about 60 percent of all the cards 
that we have issued out there that have no verification behind them. 
That will have to be provided, insurances would have to be provided, 
and we have to provide the money to do that. Where is the money? It is 
not there.
  Mr. McCOLLUM. Mr. Chairman, I understand I have the right to close.
  The CHAIRMAN. The gentleman from Florida [Mr. McCollum] is correct.
  Mr. JACOBS. Mr. Chairman, I yield 2 minutes to the gentleman from 
Kentucky [Mr. Bunning].
  Mr. BUNNING of Kentucky. Mr. Chairman, I would like to point out one 
thing about the Social Security Administration and their ability to 
deliver the services that they are now required to deliver. We have a 
program in Social Security called SSDI, or Social Security disability 
insurance. Because of lack of funds in the Social Security 
Administration's administrative budget, there is presently a backlog of 
a half million people waiting a year or more to qualify for Social 
Security disability. I know there are an awful lot of Members who hear 
from constituents who are having trouble getting on SSDI because the 
Social Security Administration's administrative budget is inadequate to 
process claims on time.
  On the back end of SSDI, there is a backlog of 1.7 million people on 
disability that are overdue for continuing disability reviews. CDR's 
are not being done because the Social Security Administration does not 
have enough money in its administrative budget now to do those reviews 
in a timely fashion.
  Mr. Chairman, if we could get just a little more money into the 
Social Security Administration's administrative budget, we could 
literally save billions of dollars. We have a GAO study that showed we 
can save $6 in benefits for every $1 we spend on continuing disability 
reviews. The point I am trying to make is that SSA cannot handle the 
functions that they are required to do now with the administrative 
budget that they have, without adding the additional burden the 
McCollum amendment would impose on SSA.

  Mr. McCOLLUM. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from New York [Mr. Schumer].
  Mr. SCHUMER. Mr. Chairman, I thank the gentleman for yielding time to 
me, salute him for his work on this, and rise in support of the 
amendment.
  First of all, the Social Security card is used from one end of 
America to the other as an identification card right now. Who are we 
kidding. If my colleagues want to pass a law and say it should not be, 
I would ask the chairman and the distinguished minority member of the 
Social Security Subcommittee to pass that law. But let us

[[Page H2456]]

admit the trust; everywhere people go they are asked for a Social 
Security card. In fact, one way to prove you are a bona fide person who 
can have a job is to ask for a driver's license and a Social Security 
card.
  Mr. Chairman, this is an antifraud amendment. All over where we go 
people say, ``Why can you not stop illegal immigrants or others from 
coming here'' The No. 1 answer we give our constituents is that when 
they come here they can get jobs, get benefits, against the law because 
of fraud. Here the Gentleman from Florida [Mr. McCollum] has put 
together the most effective antifraud measure we can find, without it 
changing the actions of the Government one bit, and we find all this 
opposition.
  Mr. Chairman, what I worry about is that this bill, which started out 
with good intentions, whether Members agree with it or disagree with 
it, is going to end up being the same kind of thing that the public 
gets angry with us on: We say we are doing something and we do nothing, 
because every time someone makes a rational and small proposal to get 
something done, people say, ``What about this hypothetical, that 
hypothetical,'' et cetera?
  Mr. Chairman, I urge support of this amendment. If Members believe 
they want to stop fraud and immigration, they have no choice but to 
support this amendment.
  Mr. JACOBS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, yes, do nothing. Which would we rather do? Do nothing 
for nothing, or do nothing for $3 billion? Because that is what this 
comes up to. Now they say, ``We will plug the loophole. We will just 
put pictures on birth certificates.'' States issue birth certificates. 
Now go out and get the 50 States to issue birth certificates with 
pictures on them. We do not have jurisdiction to do that. This is 
flawed. It will not work.
  Finally, we have heard all evening long on this amendment that it is 
either a nickel ninety-eight or it is $3 billion. They say, ``Well, the 
Congressional Budget Office,'' which the gentleman from Florida, [Mr. 
McCollum], never had much faith in the past as I recall, says it hardly 
amounts to anything. He said the Social Security Administration can do 
it for peanuts, which is a bad taste in my mouth from the other day, by 
the way. However, the proponents of this amendment say that it will 
cost the Social Security Administration far less than $3 billion. The 
Social Security Administration says it will cost the Social Security 
Administration $3 billion.
  I say to my friend, the gentleman from New York, even though we are 
in dire straits financially in this Government, I think the cause is 
worthy. If I thought it would be effective, I would probably be 
advocating it. I do not think it is effective. I think it fits right 
into that old show tune, ``I Got Plenty of Nothing,'' and in this case 
it would be about $3 billion worth of nothing, and that we clearly 
cannot afford.
  Mr. McCOLLUM. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, I want to clarify something. I had the Social Security 
Administration folks in my office a week ago this last Friday. I 
listened to what they had to say. I batted around a number of ideas 
with them, including the possibility of renewing the Social Security 
card every 10 years. They told me how expensive and difficult that 
would be; what it would be like if we required hardening and doing a 
lot of other things.
  Then I presented to them the passport and the $100 bill concept. They 
said ``Look, the cost is not in creating the new card, the cost is in 
if you force us to reissue it to everybody.'' So I developed an 
amendment that does not require them to issue a new card to everybody 
or to reissue something every 10 years, or to reissue at all. I simply 
have an amendment out here to prevent fraud, as the gentleman from New 
York said, with the existing Social Security card, where we take it and 
make the single piece of paper that is not 24 pages long like the 
passport, that the gentleman from Texas [Mr. Sam Johnson] was referring 
to, so it does not cost anything near $60 apiece; one page, just do the 
type of threading, coloring, and inking this passport does, and the 
threading, coloring, and inking that the $100 bill does. It does not 
require them to do a picture or anything else, it would just make this 
more secure.
  I said, ``This is not going to cost very much,'' and CBO said, ``Yes, 
it will not cost a whole lot to do this.'' I think it is the lease we 
can do if we are going to do the steps that are required to stop 
illegal immigration from coming into this country. That is what the 
McCollum amendment is all about, the key to making it work, a key to 
making employer sanctions work being the key to making it truly 
meaningful.
  When we say, as the law now says, it is illegal to knowingly hire an 
illegal alien, and when you go to get a job, one, not the only, but one 
of the documents you may produce in conjunction with the driver's 
license is the Social Security card. We must make it tamper-resistent. 
We must make it at least as counterfeit-proof as the $100 bill.
  I urge the adoption of the McCollum amendment for the sake of saving 
us from the illegal alien overrun we have.
  The CHAIRMAN. All time has expired.
  The question is on the amendment offered by the gentleman from 
Florida [Mr. McCollum].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. BUNNING of Kentucky. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to the rule, further proceedings on the 
amendment offered by the gentleman from Florida [Mr. McCollum] will be 
postponed.
  It is now in order to consider amendment No. 5 printed in part 2 of 
House Report 104-483.


                     amendment offered by mr. tate

  Mr. TATE. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Tate: In section 301(c) of the 
     bill (relating to revision to ground of inadmissibility for 
     illegal entrants and immigration violators), in subparagraph 
     (A) of section 212(a)(6) of the Immigration and Nationality 
     Act as proposed to be amended by such section of the bill 
     insert after clause (ii) the following clauses, and 
     redesignate clause (iii) accordingly:
       ``(iii) Aliens who had the intent to illegally enter.--Any 
     alien who had the intent to illegally enter the United States 
     and who has been ordered removed under section 235(b)(1) or 
     at the end of proceedings under section 240 initiated upon 
     the alien's arrival in the United States and who again seeks 
     admission is inadmissible.
       ``(iv) Other aliens who had the intent to illegally 
     enter.--Any alien not described in clause (i) who had the 
     intent to illegally enter the United States and who has been 
     ordered removed under section 240 or any other provision of 
     law and who again seeks admission is inadmissible.
       In redesignated clause (v) (as redesignated by this 
     provision), strike ``(i) and (ii)'' and insert ``(i) through 
     (iv)''.

  The CHAIRMAN. Pursuant to the rule, the gentleman from Washington 
[Mr. Tate] and the gentleman from Texas [Mr. Bryant] each will control 
15 minutes.
  The Chair recognizes the gentleman from Washington [Mr. Tate].
  Mr. TATE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, first and foremost, I would like to thank the chairman 
of the committee, the gentleman from Texas [Mr. Smith], for his 
tireless efforts on this issue. It is a volatile and tough issue, and I 
appreciate his efforts.
  Mr. Chairman, this amendment is designed to bring honesty and 
integrity back to our administration system. But what most Americans 
are not aware of is that those that come to this country and 
intentionally violate our immigration laws are still eligible for legal 
immigration and temporary visa benefits in future years. We have 
created a revolving door, so to speak.
  Mr. Chairman, our Forefathers, with great foresight, created a system 
to make this the strongest, most prosperous country in the world by 
allowing people from all countries to come to our great Nation. 
However, many take advantage of this open door policy. Even if one is 
caught and deported, they can still in the future apply for a student 
visa or a green card. This is not what America is all about.
  Mr. Chairman, illegals enter at the expense of those that play by the 
rules, and there is no incentive to comply. There is not much 
differentiation between a criminal, someone who has

[[Page H2457]]

broken the law in this country, and those that are law-abiding 
citizens.
  Mr. Chairman, my amendment will go after those that intentionally 
break our laws, our immigration laws. We should not reward them with a 
temporary visa or an immigrant visa in the future. Our current laws 
send the wrong message, Mr. Chairman, to would-be illegal immigrants 
that there are no real penalties for breaking our laws.
  Let me give a couple of examples. In recent meetings as of last year 
with my local policemen and women in the city of Tacoma out in 
Washington State, I was shocked and taken aback to discover that a 
majority of their time investigating narcotics claims is dealing 
directly with non-citizens of the United States.
  I was also surprised to realize that the Seattle Police Department 
spent an inordinate amount of time investigating international 
organized crime networks in our area. It is no wonder that those who 
break our laws to enter this country do not think twice many times of 
breaking our laws once they get here as well. They are using our 
resources, those resources that could be spent more wisely in our 
community.
  A recent preliminary estimate by the Congressional Budget Office 
states that this amendment will add no additional cost. In fact, I 
believe it will save money in the long run. My amendment is to restore 
a strong sense of law and order in regards to immigration, to restore 
that strong sense of pride and accomplishment for those who play by the 
rules and to punish those that violate our laws for selfish gain.
  This particular amendment has been endorsed by the Americans for Tax 
Reform, the Federation of Americans for Immigration Reform, and an 
organization in my State that represents over 90 percent of the police 
officers, an organization entitled ``COPS.''

                              {time}  2200

  This amendment is a one-strike, commonsense provision. It provides 
incentives for people to obey our laws, not to reward those that break 
our laws. There is a right way, Mr. Chairman, and a wrong way to enter 
this country. We need to reward those that enter the right way.
  Mr. Chairman, I believe my amendment will serve to strengthen H.R. 
2202, the Immigration in the National Interest Act, and bring honesty 
and integrity back to United States immigration law.
  Most American don't know it, but any individual who enters the United 
States illegally and is deported, is still eligible for legal 
immigration or a temporary visa in future years. The United States 
border has become a revolving door for illegal immigrants. It's time we 
shut that revolving door forever.
  From the time of our forefathers, United States immigration policy 
has provided the opportunity for millions of people to come to America 
to help us build the strongest, most prosperous democracy in the world. 
In more recent years, however, many have begun to take advantage of our 
open door policy and our generosity. Today, some believe that 
immigration to the United States is a right instead of a privilege.
  Every year, 300,000 people enter this country illegally--breaking our 
laws and betraying our openness. The U.S. Immigration and 
Naturalization Service estimates that 3.8 million people currently live 
in this country illegally. Even if these illegal immigrants are caught 
and deported, any one of them can later apply for a student visa or a 
green card without penalty. This is not what America is all about.
  Illegal immigrants come to the United States at the expense of those 
who choose to play by the rules and come to America legally. While 
millions or honest people wait years for their applications to be 
processed so they can join their relatives who have legally immigrated 
to the United States, hundreds of thousands sneak across our borders in 
the dark of night without conscience. There is no incentive to comply 
with our immigration law because we do not differentiate between these 
criminals and law-abiding individuals.
  My amendment will put an end to this madness by taking a strong step 
in the right direction.
  According to my amendment, if an individual breaks our immigration 
laws by intentionally entering the United States illegally, he or she 
will never be rewarded with any kind of temporary or immigrant visa. 
Not 1 year later, not 20 years later, never--one strike you're out.
  We must use our scarce immigration resources wisely instead of 
wasting them on people who have no respect for the privilege bestowed 
upon them by American citizens.
  This is a commonsense approach to a problem that has plagued America 
for decades. Our current law sends the wrong message to would-be 
illegal immigrants--you won't be penalized for breaking United States 
law. It is no wonder that so many illegal immigrants are drawn to crime 
once they reach our country. Police organizations in my home state 
believe that illegal aliens have a significant impact on crime.
  According to the U.S. Attorney for western Washington, illegal aliens 
in the Puget Sound region are involved in bank fraud, credit fraud, 
check kiting, false marriages, assault, extortion, and drug dealing. 
The Tacoma Police Department reports that illegal aliens account for a 
large percentage of narcotics related crime in its jurisdiction, while 
the Seattle Police Department reports illegal aliens are involved in 
international organized crime rings and ethnic street gangs. The 
Governor's office recently released statistics showing that illegal 
aliens account for 14 percent of Washington State's prison population. 
My colleagues have assured me that there are similar problems in their 
States. Clearly, these are not the caliber of people that deserve legal 
immigration benefits from U.S. taxpayers.
  That is why I am working to enact this reasonable change to American 
immigration law. Simply said, if you don't obey immigration laws, you 
will not get a green card. Illegal immigrants will be illegal forever.
  My amendment will deter immigration at no cost to the American 
taxpayers. A preliminary/informal cost estimate from the Congressional 
Budget Office finds that my amendment will not significantly affect the 
Immigration and Naturalization Service's workload, and therefore, will 
result in no significant costs to the Federal Government.
  Some Members have expressed a concern that my amendment will 
inadvertently apply to individuals who enter the United States legally 
on a temporary visa and stay on once that visa has expired. I can 
assure you, Mr. Speaker, that my amendment does not apply to visa 
overstayers. I have consulted with legislative counsel and counsel and 
the Judiciary Subcommittee on Immigration and Claims. They agree that 
because my amendment applies only to individuals who intentionally 
entered the United States illegally, it will not affect visa 
overstayers. The burden of intent will be very difficult to prove in 
the case of an individual who legally entered the United States.
  Others have asked whether my bill will permanently bar minor children 
who enter the United States illegally with their parents or another 
adult from future legal immigration benefits. The answer is no. My bill 
only applies to people who had the intent to cross our border 
illegally. According to common law, children age 7 and under are 
incapable of possessing criminal intent, while children 7 to 14 can be 
found to have criminal intent but such intent is very difficult to 
prove.
  Mr. Chairman, my amendment is sound immigration policy that will 
return a strong sense of law and order to U.S. immigration law. It will 
give those who play by the rules and follow our immigration laws a 
sense of pride and accomplishment and will punish those who, with no 
regard for their fellow man, choose to violate our laws for their own 
selfish gain. We must return honesty and integrity to American 
immigration law.
  My amendment has been endorsed by the Federation for American 
Immigration Reform, Eagle Forum, Americans for Tax Reform, the Carrying 
Capacity Network, Washington State Citizens for Immigration Control, 
and the Washington State Council of Police Officers. These 
organizations all agree that we must impose strong penalties against 
illegal immigrants in order to deter future illegal immigration and to 
bring common sense back to U.S. immigration law.
  I urge my colleagues to support my amendment and return common sense 
to U.S. immigration law.
  Mr. Chairman, before I reserve the balance of my time, I would like 
to enter into a brief colloquy with the chairman of the subcommittee.
  Mr. SMITH of Texas. Mr. Chairman, will the gentleman yield?
  Mr. TATE. I yield to the gentleman from Texas.
  Mr. SMITH of Texas. Mr. Chairman, I would like to ask the gentleman 
this question. It is my understanding that your amendment is designed 
to deny immigration benefits to individuals who intentionally enter the 
United States illegally, is that correct?
  Mr. TATE. Yes, that is correct. My amendment applies only to those 
individuals who knowingly and intentionally enter the United States 
illegally. It is intended to apply to those who enter the United States 
with fraudulent documents, knowingly fraudulent, those who enter with 
no documents and those who purposely avoid Federal officials by 
sneaking across the border without inspection. It is not intended to 
apply to individuals who in good faith present themselves at the border 
for inspection with

[[Page H2458]]

a visa or other documentation required by Federal law to enter the 
United States and whose legal admission is denied because the Federal 
immigration officials determined that the applicant's reasons for 
entering the United States do not reasonably fall within the scope and 
the purpose of the stated reason for entry with a visa or other 
documentation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I am opposed to this amendment. I think it is a case of 
just one-upping a provision that is already in the bill. It makes it a 
much stronger penalty than current law with regard to people that try 
to come into the country illegally. I am fearful that it is this kind 
of sort of piling-on amendment that is going to make this bill tough 
for everybody to support, many of the people who are supporting it.
  First let us just apply some common sense to it. Let me tell what the 
bill does. The bill says already that you can exclude people from 5 
years to 10 years depending on the category they are in if they come 
into the country illegally and are ordered removed. We have already got 
a stiff penalty in the bill. That is an increase over the current law. 
It also proposes in the bill a new 10-year bar on any alien unlawfully 
present in the country for an aggregate period of 1 year. That is a 
pretty tough penalty in my view. This amendment just goes further and 
says they are going to be excluded permanently if they come into the 
country illegally one time.
  Let me just point something out. It is going to have no deterrent 
value because the vast majority of the people that come into the 
country illegally are going to have no idea that is in the law, so it 
is not going to stop anybody from coming. Other provisions in the law I 
think will, but this one will not.
  Second, it is going to no doubt lead to a variety of very cruel 
situations where somebody comes into the country illegally to see 
members of their family, and I do not condone that, of course, but the 
fact of the matter is we are going to have situations where people like 
that later on as a member of a family are going to be eligible to come 
in in some fashion or apply to come in in some fashion, and I think it 
is wrong to put something in the law that is not going to deter 
anything, but lead to what very likely would be an inadvertent family 
tragedy.
  They can come back and say the Attorney General has the discretion to 
waive the application of the law and give consent to come in, anyway. 
How many people are going to have the wherewithal to apply for that 
kind of special treatment from the Attorney General of the United 
States? I do not think very many at all.
  We have already got a tough provision in the bill. It is a 5- to 10-
year ban. It is a 10-year ban if you stay in the country illegally for 
a year. That is a much harsher provision than we have in the current 
law an it is sufficient. The Tate amendment just goes too far. One 
strike is not enough for anybody.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TATE. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California [Mrs. Seastrand].
  Mrs. SEASTRAND. Mr. Chairman, I rise in strong support of this 
amendment. Since the dawn of our Nation, immigrants have been the 
backbone of growth, creativity, and opportunity for America. I know 
these truths to be self-evident because I am the granddaughter of 
Polish immigrants. We must remember the distinction between legal and 
illegal entry into America. Hundreds of thousands of people enter this 
country legally every year and contribute a great deal to our society. 
However, hundreds of thousands more scoff at our laws by sneaking 
across our borders. I know firsthand. I have watched them. They 
overstay their visitor visas and they abuse our legal immigration 
system. Our current immigration laws send the wrong message to 
individuals that would break our laws: ``If at first you don't succeed, 
try, try again to receive the fruits of our society.''
  This amendment is going to bring honesty and integrity back to the 
U.S. immigration laws. Simply put, ``If you don't play by the rules, 
then you don't get to play at all. No more warnings, no more slaps on 
the wrist. When we catch you, you're gone.''
  Never again will those who break the law be rewarded with a temporary 
or immigrant visa. No longer will they be able to enjoy the benefits of 
our hardworking citizens and the ones they are entitled to. Not 1 year 
later, not 10 years later. ``One strike and you're out.''
  This amendment will return a strong sense of law and order to the 
U.S. immigration law. It will give those who choose to play by the 
rules a sense of dignity. If we are to remain true to our heritage, we 
must ensure that immigration is once again seen as a noble experience 
that enriches America both economically and socially rather than be 
demeaned by criminality and deceit. That means denying the benefits of 
our society to those who break our immigration laws while rewarding the 
honesty and patience of hundreds of thousands of others with the 
opportunity to obtain their goal, a chance to live the American dream.
  Mr. Chairman. I urge my colleagues to support this amendment.
  Mr. BRYANT of Texas. Mr. Chairman, I yield 5 minutes to the gentleman 
from California [Mr. Becerra].
  Mr. BECERRA. I thank the gentleman for yielding me the time.
  Mr. Chairman, let me say that I would agree with the remarks of the 
gentleman from Texas in opposing this particular amendment. We 
currently have in existing law prohibitions, civil penalties, criminal 
penalties as well, jail terms that would be served by someone who was 
in the country without documentation. We also have under current law 
provisions that would cause the deportation and exclusion of an 
individual from this country for many years.
  Under this bill that we have before us, the penalty is increased even 
more as the gentleman from Texas mentioned, up to 10 years, you would 
be banned from being able to come into this country if you are caught 
without documents.
  Mr. Chairman, this bill goes the final step and says, ``If we catch 
you, you can never return.'' It takes into account not one bit what the 
circumstances may have been for that individual who was in the country.
  If that individual happened to be here and had a great deal of family 
here and made the mistake of trying to come in here without documents, 
let us make the person pay a price. But to forever banish that 
individual from seeing a family member in this country I think is 
extremely harsh.
  Ten years is very severe punishment to serve and that is already in 
the bill. But let me mention something that most Members probably are 
not aware of that this amendment does not do.
  Here we have again an amendment that treats classes of people 
differently. If you happen to be here through a visitor's visa or a 
student visa, you have come into this country legally. You entered with 
proper documentation and the authority of this country to be here. If 
you overstay the tenure of that visa, whatever the term may be, then 
you have now become undocumented because you no longer have a right to 
be in this country. Yet this particular amendment does not address that 
problem.
  Is it a big problem? More than 50 percent of all the people that are 
in this country as undocumented come into this country legally. They 
they overstay their visas and do not return, and then they become 
undocumented individuals. Yet this amendment would do nothing to those 
individuals who have come into the country under legal means, yet 
overstayed and are now undocumented.
  Here again we seem to see an amendment that attacks the issue with a 
very small perspective, with blinders, and says only to those who have 
crossed a border, and certainly the focus is on the southern border, 
and certainly it is in regard to people who look like they come from 
across the southern border, and its says to those individuals, 
``Forever more you will be denied access to this country.'' Admittedly, 
you committed a wrong, and everyone should admit that, and that person 
should be punished, not only with deportation but with punishment that 
would require that person not be able to come into this country for a 
time. But this amendment goes well

[[Page H2459]]

beyond and says never again will you set foot in this country 
regardless of how compelling your case is to perhaps at some point come 
back. At the same time while it is doing this as dramatically to this 
one individual, this immigrant, in denying him or her access, it says 
to fully 50 percent or more of those who are undocumented into this 
country, that they do not have to worry about this amendment because it 
will not apply. I think that is not only unfair treatment but unwise 
policy.
  I would urge Members to reject this amendment and vote against it.
  Mr. TATE. Mr. Chairman, I yield myself 30 seconds to respond.
  A couple of points. This amendment is directed at intent, the intent 
to knowingly come into the United States and breaking our laws of 
immigration. If the gentleman does have concerns in other areas of 
illegal immigration, I would like to join with him to address some of 
those issues. This amendment is specifically on those whose intent is 
to violate our immigration laws.
  Mr. Chairman, with that I yield 2 minutes to the gentlewoman from New 
Jersey [Mrs. Roukema].
  (Mrs. ROUKEMA asked and was given permission to revise and extend her 
remarks.)
  Mrs. ROUKEMA. Mr. Chairman, I thank the gentleman from Washington 
[Mr. Tate], the author of this common sense amendment, for yielding me 
the time.
  I do say this is common sense, which is what many Americans believe 
that we in Washington do not seem to have. But, something tells me that 
this is also one of those if-the-American-people-only-knew issues. What 
would the American people think if they knew that aliens could wantonly 
violate U.S. law by crossing the border illegally and then be welcomed 
with open arms just a few years later?
  We have heard throughout this debate that people in other lands see 
the United States as a land of promise. Let me suggest a play on words. 
This is a land of promise, and if we pass this amendment, we will be 
saying, ``If you attempt to cross our border, we promise you will never 
be allowed to come here again.'' This will be a deterrent I do not know 
what the opponents are speaking of. This will be a commonsense 
deterrent way to get control over our borders.
  The files of my district office, and I suspect they are the same as 
yours, are filled with cases of people who are working within the INS 
system to come to America. They filled out the paperwork, in some 
cases several times. They have played by the rules and waited their 
turn. Yet the continuing flood of illegal immigration is unfair to 
them. It is a disincentive to play by the rules and, I might add, a 
strong disincentive to all our forebears who played by the rules and 
came through Ellis Island, whatever way that was at that time. Indeed, 
millions of Americans today work within our system and are outraged, I 
hear this at the beauty parlor every week, outraged by the thousands of 
people who sneak across our borders in the dead of night when they and 
their parents before them waited 1, 2, 5 years to get in.

  Mr. Chairman, the one-strike-and-you're-out amendment will attach a 
real penalty to those who have crossed our borders illegally. It is a 
common sense measure and it will prove to be a very effective 
deterrent.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  This is a press release, OK? This is not an amendment. This is a 
press release. So you folks can write letters home and say, ``Oh, boy, 
I got tough on illegal immigration.'' This bill gets tough on illegal 
immigration. Unfortunately, I guess the situation is that some do not 
feel that by cosponsoring the bill or voting for it they are going to 
get enough of a zing out of the press release when it gets back home 
again.

                              {time}  2215

  The fact of the matter is you are putting these people that will 
never even know what our law is and wander into the country, come to 
the country on purpose trying to make a better life for themselves in 
the same situation in which we put international terrorists. It is 
perfectly ridiculous to say we are going to have a permanent ban on 
somebody who is totally ignorant of our laws and comes into our country 
illegally. The bill puts a 10-year probation on some and 5 years on 
others. It is based on a lengthy study by the commission that was 
chaired by Barbara Jordan and by the previous commission that came out 
of the 1986 bill. This amendment is not based on any study. I think on 
the face of it, obviously it is not going to have any impact. Do not 
pile on this bill and make it impossible to pass, for goodness sakes. 
There is no point in putting these folks in the same category that you 
put an international terrorist. There is no logical person that thinks 
that a jobless person who is desperately looking for a job as a waiter 
and comes across the border is going to know in advance he is going to 
be permanently barred from the United States if he does that. There is 
no way to argue that. I just simply urge you guys not to take 
everything to extremes. You are going to get a good enough press 
release by voting for the bill. Do not mess the bill up with something 
like this.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TATE. Mr. Chairman, I yield myself 1 minute to respond.
  The press release argument is, let us face it, is a bogus argument. 
What this comes down to is common sense. That is what we are looking 
at. There is a right way to come to America and a wrong way. It is 
unfair to those that stand in line, that go through the bureaucracy, 
that do it the right way, to find out that there is someone standing 
maybe in front of them that came here previously.
  Once again, this comes back to the issue of intent. There is a wrong 
way and a right way. We have got to continually come back to that. It 
is unfair to those that play by the rules to see someone next to them 
that does not.
  Mr. Chairman, I yield 3 minutes to the gentleman from Texas [Mr. 
Laughlin].
  (Mr. LAUGHLIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LAUGHLIN. Mr. Chairman, I first want to commend the two gentlemen 
from Texas, Mr. Smith and Mr. Bryant, for their hard work on this very 
important bill.
  I rise in support of H.R. 2202 and this amendment which will bring 
back honesty and integrity to the U.S. immigration laws. From the 
earliest days of our Nation, the U.S. immigration policy has provided 
opportunity for millions of people to come to America and to help us 
build the strongest and most prosperous democracy in the world. 
However, many people have begun to take advantage of our open-door 
policy and our generosity. I represent 22 Texas counties and many of 
the judges, the county judges in those 22 counties, tell me they spend 
substantially over 50 percent of their indigent funds on indigent 
illegal aliens and not indigent American citizens.
  Currently, illegal aliens who are deported can turn around and apply 
for legal immigration or a temporary visa 1 year later, and this 
amendment will correct that egregious policy.
  Immigration to the United States is not a right. It is a privilege. 
If immigrants do not choose to play by the rules, then they should not 
be allowed to immigrate to the United States. This is a simple 
commonsense approach to immigration reform. Simply put, if you break 
our immigration laws, you can never be rewarded with the right to 
immigrate or enter the United States.
  People in my district constantly say to me, ``Greg, why cannot the 
U.S. Congress apply some common sense to the laws it passes?'' This 
bill makes common sense. And to the gentleman from Dallas, my good 
friend Mr. Bryant, I would say this is a deterrent, and word does 
spread among the community of those who are considering illegal entry. 
And while you may disagree, those of us that support this amendment 
feel like it will be a deterrent.
  So if you entered the United States illegally, you forfeit the right 
to ever become a U.S. citizen. That is common sense, Mr. Chairman. Let 
us pass this amendment. Let us reward those who play by the rules in 
how they enter our country, and let us punish those who enter 
illegally.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself such time as I may 
consume.

[[Page H2460]]

  I would just like for you guys, just stop and think about something. 
You have got a guy desperate for a job, he has got a serious short-term 
need, there is an American employer lured him over there. He is young, 
crosses the border to get the job. The result is he finds out when he 
grows older, he is permanently barred for the rest of his life from 
being able to apply for legal entry into the United States.
  It does not make any sense at all. Tomorrow, I dare say, every single 
Member is going to have a press release in the mail back to hometown 
newspapers about how tough you got on illegal immigration, when, in 
fact, after 10 or 12 years studying it, nobody has ever said a 
permanent bar could be communicated back to the population and would 
have any deterrent value whatsoever.
  Why go to extremes? We have a 10-year bar in the bill now. We have a 
5-year bar for some categories. Why must you put these people in the 
category of being like the international terrorists, for goodness sake. 
If it is such a bad thing, why do you have a waiver in here to let the 
Attorney General waive this ban?
  If these people deserve to be banned for life for crossing the 
border, why would you let the Attorney General ever waive that ban.
  I will yield to the gentleman from Washington for his answer.
  Mr. TATE. I thank the gentleman for allowing me some time.
  A couple of points in your example. The poor gentleman that was lured 
across the border would not fall under this, because, if you look 
specifically in the bill, it talks about intent, not someone who has 
had the issue misrepresented to them that was lured across the border. 
It deals with intent to knowingly come across.
  Mr. BRYANT of Texas. Reclaiming my time, we are talking about a 
situation in which a business on the other side of the border which was 
offering jobs, and the guy says, well, I know I do not have any papers, 
I am going to cross anyway and get that job because I need the money. 
That is what I am talking about. That would purely manifest intent.
  Mr. TATE. Mr. Chairman, it comes back, there is a right way and a 
wrong way to come across the border, and the ends do not justify the 
means. Once again, that is taking the jobs away from working Americans 
when someone comes across the border the wrong way. Once again, it is a 
privilege to come into this country.
  Mr. BRYANT of Texas. Reclaiming my time, I think everybody agrees 
with that. That is kind of a platitude. We are talking about the 
difference of a 10-year ban and lifetime ban. Why would you stick 
anybody with a lifetime ban, for goodness sake?
  Mr. TATE. Once again, with the limited Federal resources we have in 
this country, with my own example in Tacoma, WA, all the resources our 
taxpayers pay to the local police departments, and substantial amount 
of time spent investigating narcotics claims in the city of Tacoma, WA, 
not a border town, along our southern border or our northern border, a 
town like Tacoma, WA, where they are spending those resources, those 
taxpayers have a right to ensure those dollars are being used properly.
  Mr. BRYANT of Texas. Reclaiming my time, let us talk about 
immigration. So a Canadian wanders across the border at a young age and 
wants to get a job and goes back again and finds out 20 years later, 
when he goes to apply to come here legally, maybe he has got a job, 
maybe married to an American, he cannot come for the rest of his life 
because he came across the border into Washington State when he was a 
young man. Is that not a curious result? For the rest of his life, he 
is permanently banned. Is that not a curious result?
  Mr. TATE. Once again, I reflect back to my earlier statements. That 
it is not unreasonable to expect someone that would come to this 
country, when there are people waiting to come here, that they should 
be able to jump ahead in line, and the people, I think, of this country 
would be outraged to find out we have very few laws on the books.
  Mr. BRYANT of Texas. Suppose a person gets married. You mean, they 
cannot come in the country with their new wife because at a young age 
they crossed the border illegally, for the rest of their life they 
cannot come across and live with their spouse.
  Mr. TATE. Our current law, as you know and I know, currently provides 
preference to spouses to come to this country. In fact, they get 
priority.
  Mr. BRYANT of Texas. This is a permanent ban in your amendment.
  Mr. TATE. There is a right way and a wrong way to come to America.
  Mr. BRYANT of Texas. Reclaiming my time, let us get this pinned down. 
Is it or is it not the case that your amendment would say that a person 
who crossed the border at an early age and later in life married an 
American citizen, could not come in the country to live with his 
American citizen spouse because the Tate amendment said the rest of his 
life he is banned. Is not that what it means? That is what it means.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TATE. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, in closing, several issues that I would like to address 
once again. What we are talking about here is eliminating fraud in our 
system to ensure that those that come across the border have played by 
the rules. What frustrates Americans, as the gentlewoman from New 
Jersey stated, is there are people that come to our country many times 
that do not play by those rules. We are trying to bring honesty and 
integrity back to the system. What has made this country great, as I 
stated in my opening remarks, is it has been open to people from all 
walks of life, from all backgrounds, that have made this country the 
great country that is.
  But many people find it interesting that we do not have laws on the 
books to deal with those that come back come to our country illegally 
and come back years later and are still qualified and may be ahead in 
line. Once again, we need incentives in our system to encourage people 
to comply with our laws.
  My amendment is just common sense, says one strike and you are out 
proposal, that is not going to cost the taxpayers more money. It is, in 
fact, going to save money. It will reward people that come here the 
right way and that they should not be trampled on by those that come 
here the wrong way.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BRYANT of Texas. Mr. Chairman, I yield myself the balance of my 
time.
  Mr. Chairman, the only reason I would make a big issue in this debate 
out of this is because I want to deter Members from supporting 
amendments that make this bill so extreme that it is no longer tenable.
  Look, a guy, let us just take a guy, for example, it could be a 
woman, too, comes into the country at a young age, crosses the border 
in search of a better life or adventure, whatever, gets caught, gets 
deported, many years later he marries somebody who is an American 
citizen.
  Under the Tate amendment that person can never for the rest of his 
life enter this country. He cannot come here and live with his wife or 
if it is a woman, her husband. This is a ridiculous result. That is not 
going to deter anybody from coming here illegally. The bill already 
increases the penalty for coming illegally. You can be banned for 5 
years in one category, 10 years in the other. That is enough.
  We did a lot of work on this bill; we considered it a very, I think, 
careful way. We took our time with it. It is based on a lot of study 
and a lot of work by a lot of experts. These sort of ad hoc ideas that 
sound great when you send it back home in the newspaper, but have 
enormously negative consequences on a lot of people and do not deter 
any bad actions should not be in this bill.
  I urge Members to vote against the Tate amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Washington [Mr. Tate].
  The amendment was agreed to.
  Mr. GOODLATTE. Mr. Chairman, I move that the committee do now rise.
  The motion was agreed to.
  Accordingly the Committee rose; and the Speaker pro tempore (Mr. 
Taylor of North Carolina) having assumed the chair, Mr. Bonilla, 
Chairman of the

[[Page H2461]]

Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill, (H.R. 2202) to 
amend the Immigration and Nationality Act to improve deterrence of 
illegal immigration to the United States by increasing border patrol 
and investigative personnel, by increasing penalties for alien 
smuggling and for document fraud, by reforming exclusion and 
deportation law and procedures, by improving the verification system 
for eligibility for employment, and through other measures, to reform 
the legal immigration system and facilitate legal entries into the 
United States, and for other purposes, had come to no resolution 
thereon.

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