[Congressional Record Volume 142, Number 59 (Thursday, May 2, 1996)]
[Senate]
[Pages S4628-S4629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


    THE IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

                                 ______


                       SIMPSON AMENDMENT NO. 3951

  Mr. SIMPSON proposed an amendment to amendment No. 3734 proposed by 
him to the bill (S. 1664) to amend the Immigration and Nationality Act 
to increase control over immigration to the United States by increasing 
Border Patrol and investigative personnel and detention facilities, 
improving the system used by employers to verify citizenship or work-
authorized alien status, increasing penalties for alien smuggling and 
document fraud, and reforming asylum, exclusion, and deportation law 
and procedures; to reduce the use of welfare by aliens; and for other 
purposes; as follows:

     SEC. . ADMINISTRATIVE REVIEW OF ORDERS.

       Section 274A(e)(7) is amended by striking the phrase ``, 
     within 30 days,''.
       Section 274C(d)(4) is amended by striking the phrase ``, 
     within 30 days,''.

     SEC. . SOCIAL SECURITY ACT.

       Section 1173(d)(4)(B)) of the Social Security Act (42 
     U.S.C. 1320b-7(d)(4)(B)) is amended by striking subsection 
     (i) and inserting the following new subsection:
       ``(i) the State shall transmit to the Immigration and 
     Naturalization Service either photostatic or other similar 
     copies of such documents, or information from such documents, 
     as specified by the Immigration and Naturalization Service, 
     for official verification, ''.

     SEC. . HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980.

       Section 214(d)(4)(B) of the Housing and Community 
     Development Act of 1980 (42 U.S.C. 143a(d)(4)(B)) is amended 
     by striking subsection (i) and inserting the following new 
     subsection:
       ``(i) the Secretary shall transmit to the Immigration and 
     Naturalization Service either photostat or other similar 
     copies of such documents, or information from such documents, 
     as specified by the Immigration and Naturalization Service, 
     for official verification,''.

     SEC. . HIGHER EDUCATION ACT OF 1965.

       Section 484(g)(B) of the Higher Education Act of 1965 (20 
     U.S.C. 1091(g)(4)(B)) is amended by striking subsection (i) 
     and inserting the following new subsection:
       ``(i) the institution shall transmit to the Immigration and 
     Naturalization Service either photostatic or other similar 
     copies of such documents, or information from such documents, 
     as specified by the Immigration and Naturalization Service, 
     for official verification,''.

     SEC. . JUDICIAL REVIEW OF ORDERS OF EXCLUSION AND 
                   DEPORTATION.

       Page 87, at the end of line 9, insert at the end of the 
     following:
       ``Judicial review of all questions of law and fact, 
     including interpretation and application of constitutional 
     and statutory provisions, arising from any action taken or 
     proceeding brought to exclude or deport an alien from the 
     United States under Title II of this Act shall be available 
     only in the judicial review of final order of exclusion or 
     deportation under this section. If a petition filed under 
     this section raises a constitutional issue that the court of 
     appeals finds presents a genuine issue of material fact that 
     cannot be resolved on the basis of the administrative record, 
     the court shall transfer the proceeding to the district court 
     of the United States for the judicial district in which the 
     petitioner resides or is detained for a new hearing on the 
     constitutional claim as if the proceedings were originally 
     initiated in district court. The procedure in these cases in 
     the district court is governed by the Federal Rules of Civil 
     Procedure.''

     SEC.   . LAND ACQUISITION AUTHORITY.

       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended by redesignating subsections ``(b)'', 
     ``(c)'', and ``(d)'' as subsections ``(c)'', ``(d)'', and 
     ``(e)'' accordingly, and inserting the following new 
     subsection ``(b)'':
       ``(b)(1) The Attorney General may contract for or buy any 
     interest in land, including temporary use rights, adjacent to 
     or in the vicinity of an international land border when the 
     Attorney General deems the land essential to control and 
     guard the boundaries and borders of the United States against 
     any violation of this Act.
       ``(2) The Attorney General may contract for or buy any 
     interest in land identified pursuant to subsection (a) as 
     soon as the lawful owner of that interest fixes a price for 
     it and the Attorney General considers that price to be 
     reasonable.
       ``(3) When the Attorney General and the lawful owner of an 
     interest identified pursuant to subsection (a) are unable to 
     agree upon a reasonable price, the Attorney General may 
     commence condemnation proceedings pursuant to 40 U.S.C. 257.
       ``(4) The Attorney General may accept for the United States 
     a gift of any interest in land identified pursuant to 
     subsection (a).''

     SEC.   . SERVICES TO FAMILY MEMBERS OF INS OFFICERS KILLED IN 
                   THE LINE OF DUTY.

       Sec. 294. [8 U.S.C. 1364]--Transportation of the Remains of 
     Immigration Officers and Border Patrol Agents Killed in the 
     Line of Duty.
       (a) Notwithstanding any other provision of law, the 
     Attorney General may expend appropriated funds to pay for:
       (1) the transportation of the remains of any Immigration 
     Officer or Border Patrol Agent killed in the line of duty to 
     a place of burial located in the United States, the 
     Commonwealth of Puerto Rico, or the territories and 
     possessions of the United States;
       (2) the transportation of the decedent's spouse and minor 
     children to and from the same site at rates no greater than 
     those established for official government travel; and
       (3) any other memorial service sanctioned by the Department 
     of Justice.
       (b) The Department of Justice may prepay the costs of any 
     transportation authorized by this section.

     SEC.   . POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE 
                   COMMISSIONER.

       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended in subsection (a) by adding the 
     following after the last sentence of that subsection:
       ``The Attorney General, in support of persons in 
     administrative detention in non-Federal institutions, is 
     authorized to make payments from funds appropriated for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration for 
     necessary clothing, medical care, necessary guard hire, and 
     the housing, care, and security of persons detained by the 
     Service pursuant to Federal law under intergovernmental 
     service agreements with State or local units of government. 
     The Attorney General, in support of persons in administrative 
     detention in non-Federal institutions, is further authorized 
     to enter into cooperative agreements with any State, 
     territory, or political subdivision thereof, for the 
     necessary construction, physical renovation, acquisition of 
     equipment, supplies or materials required to establish 
     acceptable conditions of confinement and detention services 
     in any State or local jurisdiction which agrees to provide 
     guaranteed bed space for persons detained by the Immigration 
     and Naturalization Service.''
       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended in subsection (b) by adding the 
     following:
       ``The Commissioner may enter into cooperative agreements 
     with State and local law enforcement agencies for the purpose 
     of assisting in the enforcement of the immigration laws of 
     the United States.''

     SEC.   . PRECLEARANCE AUTHORITY.

       Section 103(a) of the Immigration and Nationality Act (8 
     U.S.C. 1103(a)) is amended by adding at the end the 
     following:
       ``After consultation with the Secretary of State, the 
     Attorney General may authorize officers of a foreign country 
     to be stationed at preclearance facilities in the United 
     States for the purpose of ensuring that persons traveling 
     from or through the United States to that foreign country 
     comply with that country's immigration and related laws. 
     Those officers may exercise such authority and perform such 
     duties as United States immigration officers are authorized 
     to exercise and perform in that foreign country under 
     reciprocal agreement, and they shall enjoy such reasonable 
     privileges and immunities necessary for the performance of 
     their duties as the government of their country extends to 
     United States immigration officers.''
       On page 173, line 16, insert ``(a)'' before the word 
     ``Section''.
       On page 174, at the end of line 4, insert the following:
       ``(b) As used in this section, ``good cause'' may include, 
     but is not limited to, circumstances that changed after the 
     applicant entered the U.S. and that are relevant to the 
     applicant's eligibility for asylum; physical or mental 
     disability; threats of retribution against the applicant's 
     relatives abroad; attempts to file affirmatively that were 
     unsuccessful because of technical defects; efforts to seek 
     asylum that were delayed by the temporary unavailability of 
     professional assistance; the illness or death of the 
     applicant's legal representative; or other extenuating 
     circumstances as determined by the Attorney General.''
       Page 106, line 15, strike ``(A), (B), or (D)'' and insert 
     ``(B) or (D)''.
       At the appropriate place in the matter proposed to be 
     inserted by the amendment, insert the following:

[[Page S4629]]

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

       (a) In General.--With respect to information provided 
     pursuant to section 150(b)(C) of this Act and 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 only information furnished solely by--
       (A) a spouse or parent who has battered the alien or the 
     alien's children or subjected the alien or the alien's 
     children to extreme cruelty, or
       (B) a member of the alien's spouse's or parent's family who 
     has battered the alien or the alien's child or subjected the 
     alien or alien's child to extreme cruelty,

     unless the alien has been convicted of a crime or crimes 
     listed in section 241(a)(2) of the Immigration and 
     Nationality Act;
       (2) make any publication whereby information furnished by 
     any particular individual can be identified;
       (3) permit anyone other than the sworn officers and 
     employees of the Department, bureau or agency, who needs to 
     examine such information for legitimate Department, bureau, 
     or agency purposes, to examine any publication of any 
     individual who files for relief as a person who has been 
     battered or subjected to extreme cruelty.
       (b) Exceptions.--(1) The Attorney General may provide for 
     the furnishing of information furnished under this section in 
     the same manner and circumstances as census information may 
     be disclosed by the Secretary of Commerce under section 8 of 
     title 13, United States Code
       (2) The Attorney General may provide for the furnishing of 
     information furnished under this section to law enforcement 
     officials to be used solely for legitimate law enforcement 
     purposes.

     SEC.   . DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT 
                   SOCIAL SECURITY CARD REQUIRED.

       (a) Development.--
       (1) In general.--The Commissioner of Social Security 
     (hereafter in this section referred to as the 
     ``Commissioner'') shall in accordance with the provisions of 
     this section develop a prototype of a counterfeit-resistant 
     social security card. Such prototype card shall--
       (A) be made of a durable, tamper-resistant material such as 
     plastic or polyester,
       (B) employ technologies that provide security features, 
     such as magnetic stripes, holograms, and integrated circuits, 
     and
       (C) be developed so as to provide individuals with reliable 
     proof of citizenship or legal resident alien status.
       (2) Assistance by attorney general.--The Attorney General 
     of the United States shall provide such information and 
     assistance as the Commissioner deems necessary to achieve the 
     purposes of this section.
       (b) Study and Report.--
       (1) In general.--The Commissioner shall conduct a study and 
     issue a report to Congress which examines different methods 
     of improving the social security card application process.
       (2) Elements of study.--The study shall include an 
     evaluation of the cost and work load implications of issuing 
     a counterfeit-resistant social security card for all 
     individuals over a 3, 5, and 10 year period. The study shall 
     also evaluate the feasibility and cost implications of 
     imposing a user fee for replacement cards and cards issued to 
     individuals who apply for such a card prior to the scheduled 
     3, 5, and 10 year phase-in options.
       (3) Distribution of report.--Copies of the report described 
     in this subsection along with a facsimile of the prototype 
     card as described in subsection (a) shall be submitted to the 
     Committees on Ways and Means and Judiciary of the House of 
     Representatives and the Committees on Finance and Judiciary 
     of the Senate within 1 year of the date of the enactment of 
     this Act.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated and are appropriated from the Federal Old-
     Age and Survivors Insurance Trust Fund such sums as may be 
     necessary to carry out the purposes of this section.
       Page 15, lines 12 through 14, strike: ``(other than a 
     document used under section 274A of the Immigration and 
     Nationality Act)''

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