[Congressional Record Volume 142, Number 61 (Monday, May 6, 1996)]
[Senate]
[Pages S4730-S4760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT

  The text 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, as passed 
by the Senate on May 2, 1996, is as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 2202) entitled ``An Act 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'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; REFERENCES IN ACT.

       (a) Short Title.--This Act may be cited as the 
     ``Immigration Control and Financial Responsibility Act of 
     1996''.
       (b) References in Act.--Except as otherwise specifically 
     provided in this Act, whenever in this Act an amendment or 
     repeal is expressed as an amendment to or repeal of a 
     provision, the reference shall be deemed to be made to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.
Sec. 2. Table of contents.

                      TITLE I--IMMIGRATION CONTROL

                      Subtitle A--Law Enforcement

        Part 1--Additional Enforcement Personnel and Facilities

Sec. 101. Border Patrol agents.
Sec. 102. Investigators.
Sec. 103. Land border inspectors.
Sec. 104. Investigators of visa overstayers.
Sec. 105. Increased personnel levels for the Labor Department.
Sec. 106. Increase in INS detention facilities.
Sec. 107. Hiring and training standards.
Sec. 108. Construction of physical barriers, deployment of technology 
              and improvements to roads in the border area near San 
              Diego, California.
Sec. 109. Preserve law enforcement functions and capabilities in 
              interior States.

   Part 2--Verification of Eligibility to Work and to Receive Public 
                               Assistance


            SUBPART A--DEVELOPMENT OF NEW VERIFICATION SYSTEM

Sec. 111. Establishment of new system.
Sec. 112. Demonstration projects.
Sec. 113. Comptroller General monitoring and reports.
Sec. 114. General nonpreemption of existing rights and remedies.
Sec. 115. Definitions.


        SUBPART B--STRENGTHENING EXISTING VERIFICATION PROCEDURES

Sec. 116. Changes in list of acceptable employment-verification 
              documents.
Sec. 117. Treatment of certain documentary practices as unfair 
              immigration-related employment practices.
Sec. 118. Improvements in identification-related documents.
Sec. 119. Enhanced civil penalties if labor standards violations are 
              present.
Sec. 120. Increased number of Assistant United States Attorneys to 
              prosecute cases of unlawful employment of aliens or 
              document fraud.
Sec. 120A. Subpoena authority for cases of unlawful employment of 
              aliens or document fraud.
Sec. 120B. Task force to improve public education regarding unlawful 
              employment of aliens and unfair immigration-related 
              employment practices.
Sec. 120C. Nationwide fingerprinting of apprehended aliens.
Sec. 120D. Application of verification procedures to State agency 
              referrals of employment.
Sec. 120E. Retention of verification form.

                Part 3--Alien Smuggling; Document Fraud

Sec. 121. Wiretap authority for investigations of alien smuggling or 
              document fraud.
Sec. 122. Additional coverage in RICO for offenses relating to alien 
              smuggling and document fraud.
Sec. 123. Increased criminal penalties for alien smuggling.
Sec. 124. Admissibility of videotaped witness testimony.
Sec. 125. Expanded forfeiture for alien smuggling and document fraud.
Sec. 126. Criminal forfeiture for alien smuggling, unlawful employment 
              of aliens, or document fraud.
Sec. 127. Increased criminal penalties for fraudulent use of 
              government-issued documents.
Sec. 128. Criminal penalty for false statement in a document required 
              under the immigration laws or knowingly presenting 
              document which fails to contain reasonable basis in law 
              or fact.
Sec. 129. New criminal penalties for failure to disclose role as 
              preparer of false application for asylum or for preparing 
              certain post-conviction applications.
Sec. 130. New document fraud offenses; new civil penalties for document 
              fraud.
Sec. 131. Penalties for involuntary servitude.
Sec. 132. Exclusion relating to material support to terrorists.

                   Part 4--Exclusion and Deportation

Sec. 141. Special exclusion in extraordinary migration situations.
Sec. 142. Judicial review of orders of exclusion and deportation.
Sec. 143. Civil penalties and visa ineligibility, for failure to 
              depart.
Sec. 144. Conduct of proceedings by electronic means.
Sec. 145. Subpoena authority.
Sec. 146. Language of deportation notice; right to counsel.
Sec. 147. Addition of nonimmigrant visas to types of visa denied for 
              countries refusing to accept deported aliens.
Sec. 148. Authorization of special fund for costs of deportation.
Sec. 149. Pilot program to increase efficiency in removal of detained 
              aliens.
Sec. 150. Limitations on relief from exclusion and deportation.
Sec. 151. Alien stowaways.
Sec. 152. Pilot program on interior repatriation and other methods to 
              deter multiple unlawful entries.
Sec. 153. Pilot program on use of closed military bases for the 
              detention of excludable or deportable aliens.
Sec. 154. Physical and mental examinations.
Sec. 155. Certification requirements for foreign health-care workers.
Sec. 156. Increased bar to reentry for aliens previously removed.
Sec. 157. Elimination of consulate shopping for visa overstays.
Sec. 158. Incitement as a basis for exclusion from the United States.
Sec. 159. Conforming amendment to withholding of deportation.

                        Part 5--Criminal Aliens

Sec. 161. Amended definition of aggravated felony.
Sec. 162. Ineligibility of aggravated felons for adjustment of status.
Sec. 163. Expeditious deportation creates no enforceable right for 
              aggravated felons.
Sec. 164. Custody of aliens convicted of aggravated felonies.
Sec. 165. Judicial deportation.
Sec. 166. Stipulated exclusion or deportation.

[[Page S4731]]

Sec. 167. Deportation as a condition of probation.
Sec. 168. Annual report on criminal aliens.
Sec. 169. Undercover investigation authority.
Sec. 170. Prisoner transfer treaties.
Sec. 170A. Prisoner transfer treaties study.
Sec. 170B. Using alien for immoral purposes, filing requirement.
Sec. 170C. Technical corrections to Violent Crime Control Act and 
              Technical Corrections Act.
Sec. 170D. Demonstration project for identification of illegal aliens 
              in incarceration facility of Anaheim, California.

                         Part 6--Miscellaneous

Sec. 171. Immigration emergency provisions.
Sec. 172. Authority to determine visa processing procedures.
Sec. 173. Joint study of automated data collection.
Sec. 174. Automated entry-exit control system.
Sec. 175. Use of legalization and special agricultural worker 
              information.
Sec. 176. Rescission of lawful permanent resident status.
Sec. 177. Communication between Federal, State, and local government 
              agencies, and the Immigration and Naturalization Service.
Sec. 178. Authority to use volunteers.
Sec. 179. Authority to acquire Federal equipment for border.
Sec. 180. Limitation on legalization litigation.
Sec. 181. Limitation on adjustment of status.
Sec. 182. Report on detention space.
Sec. 183. Compensation of immigration judges.
Sec. 184. Acceptance of State services to carry out immigration 
              enforcement.
Sec. 185. Alien witness cooperation.

                   Subtitle B--Other Control Measures

                        Part 1--Parole Authority

Sec. 191. Usable only on a case-by-case basis for humanitarian reasons 
              or significant public benefit.
Sec. 192. Inclusion in worldwide level of family-sponsored immigrants.

                             Part 2--Asylum

Sec. 193. Time limitation on asylum claims.
Sec. 194. Limitation on work authorization for asylum applicants.
Sec. 195. Increased resources for reducing asylum application backlogs.

                      Part 3--Cuban Adjustment Act

Sec. 196. Repeal and exception.

                      Subtitle C--Effective Dates

Sec. 197. Effective dates.

                   TITLE II--FINANCIAL RESPONSIBILITY

           Subtitle A--Receipt of Certain Government Benefits

Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant 
              aliens.
Sec. 202. Definition of ``public charge'' for purposes of deportation.
Sec. 203. Requirements for sponsor's affidavit of support.
Sec. 204. Attribution of sponsor's income and resources to family-
              sponsored immigrants.
Sec. 205. Verification of student eligibility for postsecondary Federal 
              student financial assistance.
Sec. 206. Authority of States and localities to limit assistance to 
              aliens and to distinguish among classes of aliens in 
              providing general public assistance.
Sec. 207. Increased maximum criminal penalties for forging or 
              counterfeiting seal of a Federal department or agency to 
              facilitate benefit fraud by an unlawful alien.
Sec. 208. State option under the medicaid program to place anti-fraud 
              investigators in hospitals.
Sec. 209. Computation of targeted assistance.

                  Subtitle B--Miscellaneous Provisions

Sec. 211. Reimbursement of States and localities for emergency medical 
              assistance for certain illegal aliens.
Sec. 212. Treatment of expenses subject to emergency medical services 
              exception.
Sec. 213. Pilot programs.
Sec. 214. Use of public schools by nonimmigrant foreign students.
Sec. 215. Pilot program to collect information relating to nonimmigrant 
              foreign students.
Sec. 216. False claims of United States citizenship.
Sec. 217. Voting by aliens.
Sec. 218. Exclusion grounds for offenses of domestic violence, 
              stalking, crimes against children, and crimes of sexual 
              violence.

                     Subtitle C--Housing Assistance

Sec. 221. Short title.
Sec. 222. Prorating of financial assistance.
Sec. 223. Actions in cases of termination of financial assistance.
Sec. 224. Verification of immigration status and eligibility for 
              financial assistance.
Sec. 225. Prohibition of sanctions against entities making financial 
              assistance eligibility determinations.
Sec. 226. Eligibility for public and assisted housing.
Sec. 227. Regulations.

                      Subtitle D--Effective Dates

Sec. 231. Effective dates.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Changes regarding visa application process.
Sec. 302. Visa waiver program.
Sec. 303. Technical amendment.
Sec. 304. Criminal penalties for high speed flights from immigration 
              checkpoints.
Sec. 305. Children born abroad to United States citizen mothers; 
              transmission requirements.
Sec. 306. Fee for diversity immigrant lottery.
Sec. 307. Support of demonstration projects for naturalization 
              ceremonies.
Sec. 308. Review of contracts with English and civics test entities.
Sec. 309. Designation of a United States customs administrative 
              building.
Sec. 310. Waiver of foreign country residence requirement with respect 
              to international medical graduates.
Sec. 311. Continued validity of labor certifications and petitions for 
              professional athletes.
Sec. 312. Mail-order bride business.
Sec. 313. Appropriations for Criminal Alien Tracking Center.
Sec. 314. Border Patrol Museum.
Sec. 315. Pilot programs to permit bonding.
Sec. 316. Minimum State INS presence.
Sec. 317. Disqualification from attaining nonimmigrant or permanent 
              residence status.
Sec. 318. Passports issued for children under 16.
Sec. 319. Exclusion of certain aliens from family unity program.
Sec. 320. To ensure appropriately stringent penalties for conspiring 
              with or assisting an alien to commit an offense under the 
              Controlled Substances Import and Export Act.
Sec. 321. Review and report on H-2A nonimmigrant workers program.
Sec. 322. Findings related to the role of interior Border Patrol 
              stations.
Sec. 323. Administrative review of orders.
Sec. 324. Social Security Act.
Sec. 325. Housing and Community Development Act of 1980.
Sec. 326. Higher Education Act of 1965.
Sec. 327. Land acquisition authority.
Sec. 328. Services to family members of INS officers killed in the line 
              of duty.
Sec. 329. Powers and duties of the Attorney General and the 
              Commissioner.
Sec. 330. Preclearance authority.
Sec. 331. Confidentiality provision for certain alien battered spouses 
              and children.
Sec. 332. Development of prototype of counterfeit-resistant Social 
              Security card required.
Sec. 333. Report on allegations of harassment by Canadian customs 
              agents.
Sec. 334. Sense of Congress on the discriminatory application of the 
              New Brunswick Provincial Sales Tax.
Sec. 335. Female genital mutilation.
                      TITLE I--IMMIGRATION CONTROL
                      Subtitle A--Law Enforcement

        PART 1--ADDITIONAL ENFORCEMENT PERSONNEL AND FACILITIES

     SEC. 101. BORDER PATROL AGENTS.

       (a) Border Patrol Agents.--The Attorney General, in fiscal 
     year 1996 shall increase by no less than 700, and in each of 
     fiscal years 1997, 1998, 1999, and 2000, shall increase by no 
     less than 1,000, the number of positions for full-time, 
     active-duty Border Patrol agents within the Immigration and 
     Naturalization Service above the number of such positions for 
     which funds were allotted for the preceding fiscal year.
       (b) Border Patrol Support Personnel.--The Attorney General, 
     in each of fiscal years 1996, 1997, 1998, 1999, and 2000, may 
     increase by not more than 300 the number of positions for 
     personnel in support of Border Patrol agents above the number 
     of such positions for which funds were allotted for the 
     preceding fiscal year.

     SEC. 102. INVESTIGATORS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Department of Justice such funds as may be necessary 
     to enable the Commissioner of the Immigration and 
     Naturalization Service to increase the number of 
     investigators and support personnel to investigate potential 
     violations of sections 274 and 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324 and 1324a) by a number 
     equivalent to 300 full-time active-duty investigators in each 
     of fiscal years 1996, 1997, and 1998.
       (b) Limitation on Overtime.--None of the funds made 
     available to the Immigration and Naturalization Service under 
     this section shall be available for administrative expenses 
     to pay any employee overtime pay in an amount in excess of 
     $25,000 for any fiscal year.

     SEC. 103. LAND BORDER INSPECTORS.

       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 the 
     Secretary of the Treasury shall increase, by approximately 
     equal numbers in each of 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 currently in use, under construction, or whose 
     construction has been authorized by Congress, except such 
     low-use lanes as the Attorney General may designate.

     SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS.

       There are authorized to be appropriated to the Department 
     of Justice such funds as may be necessary to enable the 
     Commissioner of the Immigration and Naturalization Service to 
     increase the number of investigators and support personnel to 
     investigate visa overstayers by a number equivalent to 300 
     full-time active-duty investigators in fiscal year 1996.

     SEC. 105. INCREASED PERSONNEL LEVELS FOR THE LABOR 
                   DEPARTMENT.

       (a) Investigators.--The Secretary of Labor, in consultation 
     with the Attorney General, is authorized to hire in the Wage 
     and Hour Division of the Department of Labor for fiscal years 
     1996 and 1997 not more than 350 investigators

[[Page S4732]]

     and staff to enforce existing legal sanctions against 
     employers who violate current Federal wage and hour laws 
     except that not more than 150 of the number of investigators 
     authorized in this subparagraph shall be designated for the 
     purpose of carrying out the responsibilities of the Secretary 
     of Labor to conduct investigations, pursuant to a complaint 
     or based on receipt of credible material information, where 
     there is reasonable cause to believe that an employer has 
     made a misrepresentation of a material fact on a labor 
     certification application under section 212(a)(5) of the 
     Immigration and Nationality Act or has failed to comply with 
     the terms and conditions of such an application.
       (b) Assignment of Additional Personnel.--Individuals 
     employed to fill the additional positions described in 
     subsection (a) shall be assigned to investigate violations of 
     wage and hour laws in areas where the Attorney General has 
     notified the Secretary of Labor that there are high 
     concentrations of aliens present in the United States in 
     violation of law.
       (c) Preference for Bilingual Wage and Hour Inspectors.--In 
     hiring new wage and our inspectors pursuant to this section, 
     the Secretary of Labor shall give priority to the employment 
     of multilingual candidates who are proficient in both English 
     and such other language or languages as may be spoken in the 
     region in which such inspectors are likely to be deployed.

     SEC. 106. 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 before the end of fiscal year 1997.

     SEC. 107. HIRING AND TRAINING STANDARDS.

       (a) Review of Hiring Standards.--Within 60 days of the 
     enactment of this title, the Attorney General shall review 
     all prescreening and hiring standards to be utilized by the 
     Immigration and Naturalization Service to increase personnel 
     pursuant to this title and, where necessary, revise those 
     standards to ensure that they are consistent with relevant 
     standards of professionalism.
       (b) Certification.--At the conclusion of each of the fiscal 
     years 1996, 1997, 1998, 1999, and 2000, the Attorney General 
     shall certify in writing to the Congress that all personnel 
     hired pursuant to this title for the previous fiscal year 
     were hired pursuant to the appropriate standards.
       (c) Review of Training Standards.--(1) Within 180 days of 
     the date of the enactment of this Act, the Attorney General 
     shall review the sufficiency of all training standards to be 
     utilized by the Immigration and Naturalization Service in 
     training all personnel hired pursuant to this title.
       (2)(A) The Attorney General shall submit a report to the 
     Congress on the results of the review conducted under 
     paragraph (1), including--
       (i) a description of the status of ongoing efforts to 
     update and improve training throughout the Immigration and 
     Naturalization Service, and
       (ii) a statement of a timeframe for the completion of those 
     efforts.
       (B) In addition, the report shall disclose those areas of 
     training that the Attorney General determines require 
     additional or ongoing review in the future.

     SEC. 108. CONSTRUCTION OF PHYSICAL BARRIERS, DEPLOYMENT OF 
                   TECHNOLOGY AND IMPROVEMENTS TO ROADS IN THE 
                   BORDER AREA NEAR SAN DIEGO, CALIFORNIA.

       There are authorized to be appropriated funds of 
     $12,000,000 for the construction, expansion, improvement or 
     deployment of triple-fencing in addition to that currently 
     under construction, where such triple-fencing is determined 
     by the Immigration and Naturalization Service (INS) to be 
     safe and effective, and in addition, bollard style concrete 
     columns, all weather roads, low light television systems, 
     lighting, sensors and other technologies along the 
     international land border between the United States and 
     Mexico south of San Diego, California, for the purpose of 
     detecting and deterring unlawful entry across the border. 
     Amounts appropriated under this section are authorized to 
     remain available until expended. The INS, while constructing 
     the additional fencing, shall incorporate the necessary 
     safety features into the design of the fence system to insure 
     the well-being of Border Patrol agents deployed within or in 
     near proximity to these additional barriers.

     SEC. 109. PRESERVE LAW ENFORCEMENT FUNCTIONS AND CAPABILITIES 
                   IN INTERIOR STATES.

       The Immigration and Naturalization Service shall, when 
     deploying Border Patrol personnel from interior stations, 
     coordinate with and act in conjunction with State and local 
     law enforcement agencies to ensure that such redeployment 
     does not degrade or compromise the law enforcement 
     capabilities and functions currently performed at interior 
     Border Patrol stations.

   PART 2--VERIFICATION OF ELIGIBILITY TO WORK AND TO RECEIVE PUBLIC 
                               ASSISTANCE

           Subpart A--Development of New Verification System

     SEC. 111. ESTABLISHMENT OF NEW SYSTEM.

       (a) In General.--(1) Not later than three years after the 
     date of enactment of this Act or, within one year after the 
     end of the last renewed or additional demonstration project 
     (if any) conducted pursuant to the exception in section 
     112(a)(4), whichever is later, the President shall--
       (A) develop and recommend to the Congress a plan for the 
     establishment of a data system or alternative system (in this 
     part referred to as the ``system''), subject to subsections 
     (b) and (c), to verify eligibility for employment in the 
     United States, and immigration status in the United States 
     for purposes of eligibility for benefits under public 
     assistance programs (as defined in section 201(f)(3) or 
     government benefits described in section 201(f)(4));
       (B) submit to the Congress a report setting forth--
       (i) a description of such recommended plan;
       (ii) data on and analyses of the alternatives considered in 
     developing the plan described in subparagraph (A), including 
     analyses of data from the demonstration projects conducted 
     pursuant to section 112; and
       (iii) data on and analysis of the system described in 
     subparagraph (A), including estimates of--
       (I) the proposed use of the system, on an industry-sector 
     by industry-sector basis;
       (II) the public assistance programs and government benefits 
     for which use of the system is cost-effective and otherwise 
     appropriate;
       (III) the cost of the system;
       (IV) the financial and administrative cost to employers;
       (V) the reduction of undocumented workers in the United 
     States labor force resulting from the system;
       (VI) any unlawful discrimination caused by or facilitated 
     by use of the system;
       (VII) any privacy intrusions caused by misuse or abuse of 
     system;
       (VIII) the accuracy rate of the system; and
       (IX) the overall costs and benefits that would result from 
     implementation of the system.
       (2) The plan described in paragraph (1) shall take effect 
     on the date of enactment of a bill or joint resolution 
     approving the plan.
       (b) Objectives.--The plan described in subsection (a)(1) 
     shall have the following objectives:
       (1) To substantially reduce illegal immigration and 
     unauthorized employment of aliens.
       (2) To increase employer compliance, especially in industry 
     sectors known to employ undocumented workers, with laws 
     governing employment of aliens.
       (3) To protect individuals from national origin or 
     citizenship-based unlawful discrimination and from loss of 
     privacy caused by use, misuse, or abuse of personal 
     information.
       (4) To minimize the burden on business of verification of 
     eligibility for employment in the United States, including 
     the cost of the system to employers.
       (5) To ensure that those who are ineligible for public 
     assistance or other government benefits are denied or 
     terminated, and that those eligible for public assistance or 
     other government benefits shall--
       (A) be provided a reasonable opportunity to submit evidence 
     indicating a satisfactory immigration status; and
       (B) not have eligibility for public assistance or other 
     government benefits denied, reduced, terminated, or 
     unreasonably delayed on the basis of the individual's 
     immigration status until such a reasonable opportunity has 
     been provided.
       (c) System Requirements.--(1) A verification system may not 
     be implemented under this section unless the system meets the 
     following requirements:
       (A) The system must be capable of reliably determining with 
     respect to an individual whether--
       (i) the person with the identity claimed by the individual 
     is authorized to work in the United States or has the 
     immigration status being claimed; and
       (ii) the individual is claiming the identity of another 
     person.
       (B) Any document required by the system must be presented 
     to or examined by either an employer or an administrator of 
     public assistance or other government benefits, as the case 
     may be, and--
       (i) must be in a form that is resistant to counterfeiting 
     and to tampering; and
       (ii) must not be required by any Government entity or 
     agency as a national identification card or to be carried or 
     presented except--
       (I) to verify eligibility for employment in the United 
     States or immigration status in the United States for 
     purposes of eligibility for benefits under public assistance 
     programs (as defined in section 201(f)(3) or government 
     benefits described in section 201(f)(4));
       (II) to enforce the Immigration and Nationality Act or 
     sections 911, 1001, 1028, 1542, 1546, or 1621 of title 18, 
     United States Code; or
       (III) if the document was designed for another purposes 
     (such as a license to drive a motor vehicle, a certificate of 
     birth, or a social security account number card issued by the 
     Administration), as required under law for such other 
     purpose.
       (C) The system must not be used for law enforcement 
     purposes other than the purposes described in subparagraph 
     (B).
       (D) The system must ensure that information is complete, 
     accurate, verifiable, and timely. Corrections or additions to 
     the system records of an individual provided by the 
     individual, the Administration, or the Service, or other 
     relevant Federal agency, must be checked for accuracy, 
     processed, and entered into the system within 10 business 
     days after the agency's acquisition of the correction or 
     additional information.
       (E)(i) Any personal information obtained in connection with 
     a demonstration project under section 112 must not be made 
     available to Government agencies, employers, or other persons 
     except to the extent necessary--
       (I) to verify, by an individual who is authorized to 
     conduct the employment verification process, that an employee 
     is not an unauthorized alien (as defined in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(h)(3));
       (II) to take other action required to carry out section 
     112;
       (III) to enforce the Immigration and Nationality Act or 
     section 911, 1001, 1028, 1542, 1546, or 1621 of title 18, 
     United States Code; or
       (IV) to verify the individual's immigration status for 
     purposes of determining eligibility for

[[Page S4733]]

     Federal benefits under public assistance programs (defined in 
     section 201(f)(3) or government benefits described in section 
     201(f)(4)).
       (ii) In order to ensure the integrity, confidentiality, and 
     security of system information, the system and those who use 
     the system must maintain appropriate administrative, 
     technical, and physical safeguards, such as--
       (I) safeguards to prevent unauthorized disclosure of 
     personal information, including passwords, cryptography, and 
     other technologies;
       (II) audit trails to monitor system use; or
       (III) procedures giving an individual the right to request 
     records containing personal information about the individual 
     held by agencies and used in the system, for the purpose of 
     examination, copying, correction, or amendment, and a method 
     that ensures notice to individuals of these procedures.
       (F) A verification that a person is eligible for employment 
     in the United States may not be withheld or revoked under the 
     system for any reasons other than a determination pursuant to 
     section 274A of the Immigration and Nationality Act.
       (G) The system must be capable of accurately verifying 
     electronically within 5 business days, whether a person has 
     the required immigration status in the United States and is 
     legally authorized for employment in the United States in a 
     substantial percentage of cases (with the objective of not 
     less than 99 percent).
       (H) There must be reasonable safeguards against the 
     system's resulting in unlawful discriminatory practices based 
     on national origin or citizenship status, including--
       (i) the selective or unauthorized use of the system to 
     verify eligibility;
       (ii) the use of the system prior to an offer of employment;
       (iii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants; or
       (iv) denial reduction, termination, or unreasonable delay 
     of public assistance to an individual as a result of the 
     perceived likelihood that such additional verification will 
     be required.
       (2) As used in this subsection, the term ``business day'' 
     means any day other than Saturday, Sunday, or any day on 
     which the appropriate Federal agency is closed.
       (d) Remedies and Penalties for Unlawful Disclosure.--
       (1) Civil remedies.--
       (A) Right of informational privacy.--The Congress declares 
     that any person who provides to an employer the information 
     required by this section or section 274A of the Immigration 
     and Nationality Act (8 U.S.C. 1324a) has a privacy 
     expectation that the information will only be used for 
     compliance with this Act or other applicable Federal, State, 
     or local law.
       (B) Civil actions.--A employer, or other person or entity, 
     who knowingly and willfully discloses the information that an 
     employee is required to provide by this section or section 
     274A of the Immigration and Nationality Act (8 U.S.C. 1324a) 
     for any purpose not authorized by this Act or other 
     applicable Federal, State, or local law shall be liable to 
     the employee for actual damages. An action may be brought in 
     any Federal, State, or local court having jurisdiction over 
     the matter.
       (2) Criminal penalties.--Any employer, or other person or 
     entity, who willfully and knowingly obtains, uses, or 
     discloses information required pursuant to this section or 
     section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) for any purpose not authorized by this Act or other 
     applicable Federal, State, or local law shall be found guilty 
     of a misdemeanor and fined not more than $5,000.
       (3) Privacy act.--
       (A) In general.--Any person who is a United States citizen, 
     United States national, lawful permanent resident, or other 
     employment-authorized alien, and who is subject to 
     verification of work authorization or lawful presence in the 
     United States for purposes of benefits eligibility under this 
     section or section 112, shall be considered an individual 
     under section 552(a)(2) of title 5, United States Code, with 
     respect to records covered by this section.
       (B) Definition.--For purposes of this paragraph, the term 
     ``record'' means an item, collection, or grouping of 
     information about an individual which--
       (i) is created, maintained, or used by a Federal agency for 
     the purpose of determining--

       (I) the individual's authorization to work; or
       (II) immigration status in the United States for purposes 
     of eligibility to receive Federal, State or local benefits in 
     the United States; and

       (ii) contains the individuals's name or identifying number, 
     symbol, or any other identifier assigned to the individual.
       (e) Employer Safeguards.--An employer shall not be liable 
     for any penalty under section 274A of the Immigration and 
     Nationality Act for employing an unauthorized alien, if--
       (1) the alien appeared throughout the term of employment to 
     be prima facie eligible for the employment under the 
     requirements of section 274A(b) of such Act;
       (2) the employer followed all procedures required in the 
     system; and
       (3)(A) the alien was verified under the system as eligible 
     for the employment; or
       (B) the employer discharged the alien within a reasonable 
     period after receiving notice that the final verification 
     procedure had failed to verify that the alien was eligible 
     for the employment.
       (f) Restriction on Use of Documents.--If the Attorney 
     General determines that any document described in section 
     274A(b)(1) of the Immigration and Nationality Act as 
     establishing employment authorization or identity does not 
     reliably establish such authorization or identity or, to an 
     unacceptable degree, is being used fraudulently or is being 
     requested for purposes not authorized by this Act, the 
     Attorney General may, by regulation, prohibit or place 
     conditions on the use of the document for purposes of the 
     system or the verification system established in section 
     274A(b) of the Immigration and Nationality Act.
       (g) Protection From Liability for Actions Taken on the 
     Basis of Information Provided by the Verification System.--No 
     person shall be civilly or criminally liable under section 
     274A of the Immigration and Nationality Act for any action 
     adverse to an individual if such action was taken in good 
     faith reliance on information relating to such individual 
     provided through the system (including any demonstration 
     project conducted under section 112).
       (h) Statutory Construction.--The provisions of this section 
     supersede the provisions of section 274A of the Immigration 
     and Nationality Act to the extent of any inconsistency 
     therewith.

     SEC. 112. DEMONSTRATION PROJECTS.

       (a) Authority.--
       (1) In general.--(A)(i) Subject to clause (ii) and (iv), 
     the President, acting through the Attorney General, shall 
     begin conducting several local or regional projects, and a 
     project in the legislative branch of the Federal Government, 
     to demonstrate the feasibility of alternative systems for 
     verifying eligibility for employment in the United States, 
     and immigration status in the United States for purposes of 
     eligibility for benefits under public assistance programs (as 
     defined in section 201(f)(3) and government benefits 
     described in section 201(f)(4)).
       (ii) Each project under this section shall be consistent 
     with the objectives of section 111(b) and this section and 
     shall be conducted in accordance with an agreement entered 
     into with the State, locality, employer, other entity, or the 
     legislative branch of the Federal Government, as the case may 
     be.
       (iii) In determining which State(s), localities, employers, 
     or other entities shall be designated for such projects, the 
     Attorney General shall take into account the estimated number 
     of excludable aliens and deportable aliens in each State or 
     locality.
       (iv) At a minimum, at least one project of the kind 
     described in paragraph (2)(E), at least one project of the 
     kind described in paragraph (2)(F), and at least one project 
     of the kind described in paragraph (2)(G), shall be 
     conducted.
       (B) For purposes of this paragraph, the term ``legislative 
     branch of the Federal Government'' includes all offices 
     described in section 101(9) of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1301(9)) and all 
     agencies of the legislative branch of Government.
       (2) Description of projects.--Demonstration projects 
     conducted under this subsection may include, but are not 
     limited to--
       (A) a system which allows employers to verify the 
     eligibility for employment of new employees using 
     Administration records and, if necessary, to conduct a cross-
     check using Service records;
       (B) a simulated linkage of the electronic records of the 
     Service and the Administration to test the technical 
     feasibility of establishing a linkage between the actual 
     electronic records of the Service and the Administration;
       (C) improvements and additions to the electronic records of 
     the Service and the Administration for the purpose of using 
     such records for verification of employment eligibility;
       (D) a system which allows employers to verify the continued 
     eligibility for employment of employees with temporary work 
     authorization;
       (E) a system that requires employers to verify the validity 
     of employee social security account numbers through a 
     telephone call, and to verify employee identity through a 
     United States passport, a State driver's license or 
     identification document, or a document issued by the Service 
     for purposes of this clause;
       (F) a system which is based on State-issued driver's 
     licenses and identification cards that include a machine 
     readable social security account number and are resistant to 
     tampering and counterfeiting; and
       (G) a system that requires employers to verify with the 
     Service the immigration status of every employee except one 
     who has attested that he or she is a United States citizen or 
     national.
       (3) Commencement date.--The first demonstration project 
     under this section shall commence not later than six months 
     after the date of the enactment of this Act.
       (4) Termination date.--The authority of paragraph (1) shall 
     cease to be effective four years after the date of enactment 
     of this Act, except that, if the President determines that 
     any one or more of the projects conducted pursuant to 
     paragraph (2) should be renewed, or one or more additional 
     projects should be conducted before a plan is recommended 
     under section 111(a)(1)(A), the President may conduct such 
     project or projects for up to an additional three-year 
     period, without regard to section 274A(d)(4)(A) of the 
     Immigration and Nationality Act.
       (b) Objectives.--The objectives of the demonstration 
     projects conducted under this section are--
       (1) to assist the Attorney General in measuring the 
     benefits and costs of systems for verifying eligibility for 
     employment in the United States, and immigration status in 
     the United States for purposes of eligibility for benefits 
     under public assistance programs defined in section 201(f)(3) 
     and for government benefits described in section 201(f)(4);
       (2) to assist the Service and the Administration in 
     determining the accuracy of Service and Administration data 
     that may be used in such systems; and
       (3) to provide the Attorney General with information 
     necessary to make determinations regarding the likely effects 
     of the tested systems on employers, employees, and other 
     individuals, including information on--

[[Page S4734]]

       (A) losses of employment to individuals as a result of 
     inaccurate information in the system;
       (B) unlawful discrimination;
       (C) privacy violations;
       (D) cost to individual employers, including the cost per 
     employee and the total cost as a percentage of the employers 
     payroll; and
       (E) timeliness of initial and final verification 
     determinations.
       (c) Congressional Consultation.--(1) Not later than 12 
     months after the date of the enactment of this Act, and 
     annually thereafter, the Attorney General or the Attorney 
     General's representatives shall consult with the Committees 
     on the Judiciary of the House of Representatives and the 
     Senate regarding the demonstration projects being conducted 
     under this section.
       (2) The Attorney General or her representative, in 
     fulfilling the obligations described in paragraph (1), shall 
     submit to the Congress the estimated cost to employers of 
     each demonstration project, including the system's indirect 
     and administrative costs to employers.
       (d) Implementation.--In carrying out the projects described 
     in subsection (a), the Attorney General shall--
       (1) support and, to the extent possible, facilitate the 
     efforts of Federal and State government agencies in 
     developing--
       (A) tamper- and counterfeit-resistant documents that may be 
     used in a new verification system, including drivers' 
     licenses or similar documents issued by a State for the 
     purpose of identification, the social security account number 
     card issued by the Administration, and certificates of birth 
     in the United States or establishing United States 
     nationality at birth; and
       (B) recordkeeping systems that would reduce the fraudulent 
     obtaining of such documents, including a nationwide system to 
     match birth and death records;
       (2) require appropriate notice to prospective employees 
     concerning employers' participation in a demonstration 
     project, which notice shall contain information on filing 
     complaints regarding misuse of information or unlawful 
     discrimination by employers participating in the 
     demonstration; and
       (3) require employers to establish procedures developed by 
     the Attorney General--
       (A) to safeguard all personal information from unauthorized 
     disclosure and to condition release of such information to 
     any person or entity upon the person's or entity's agreement 
     to safeguard such information; and
       (B) to provide notice to all new employees and applicants 
     for employment of the right to request an agency to review, 
     correct, or amend the employee's or applicant's record and 
     the steps to follow to make such a request.
       (e) Report of Attorney General.--Not later than 60 days 
     before the expiration of the authority for subsection (a)(1), 
     the Attorney General shall submit to the Congress a report 
     containing an evaluation of each of the demonstration 
     projects conducted under this section, including the findings 
     made by the Comptroller General under section 113.
       (f) System Requirements.--
       (1) In general.--Demonstration projects conducted under 
     this section shall substantially meet the criteria in section 
     111(c)(1), except that with respect to the criteria in 
     subparagraphs (D) and (G) of section 111(c)(1), such projects 
     are required only to be likely to substantially meet the 
     criteria, as determined by the Attorney General.
       (2) Superseding effect.--(A) If the Attorney General 
     determines that any demonstration project conducted under 
     this section substantially meets the criteria in section 
     111(c)(1), other than the criteria in subparagraphs (D) and 
     (G) of that section, and meets the criteria in such 
     subparagraphs (D) and (G) to a sufficient degree, the 
     requirements for participants in such project shall apply 
     during the remaining period of its operation in lieu of the 
     procedures required under section 274A(b) of the Immigration 
     and Nationality Act. Section 274B of such Act shall remain 
     fully applicable to the participants in the project.
       (B) If the Attorney General makes the determination 
     referred to in subparagraph (A), the Attorney General may 
     require other, or all, employers in the geographical area 
     covered by such project to participate in it during the 
     remaining period of its operation.
       (C) The Attorney General may not require any employer to 
     participate in such a project, except as provided in 
     subparagraph (B).
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (h) Statutory Construction.--The provisions of this section 
     supersede the provisions of section 274A of the Immigration 
     and Nationality Act to the extent of any inconsistency 
     therewith.
       (i) Definition of Regional Project.--For purposes of this 
     section, the term ``regional project'' means a project 
     conducted in a geographical area which includes more than a 
     single locality but which is smaller than an entire State.

     SEC. 113. COMPTROLLER GENERAL MONITORING AND REPORTS.

       (a) In General.--The Comptroller General of the United 
     States shall track, monitor, and evaluate the compliance of 
     each demonstration project with the objectives of sections 
     111 and 112, and shall verify the results of the 
     demonstration projects.
       (b) Responsibilities.--
       (1) Collection of information.--The Comptroller General of 
     the United States shall collect and consider information on 
     each requirement described in section 111(a)(1)(C).
       (2)  Tracking and recording of practices.--The Comptroller 
     General shall track and record unlawful discriminatory 
     employment practices, if any, resulting from the use or 
     disclosure of information pursuant to a demonstration project 
     or implementation of the system, using such methods as--
       (A) the collection and analysis of data;
       (B) the use of hiring audits; and
       (C) use of computer audits, including the comparison of 
     such audits with hiring records.
       (3) Maintenance of data.--The Comptroller General shall 
     also maintain data on unlawful discriminatory practices 
     occurring among a representative sample of employers who are 
     not participants in any project under this section to serve 
     as a baseline for comparison with similar data obtained from 
     employers who are participants in projects under this 
     section.
       (c) Reports.--
       (1) Demonstration projects.--Beginning 12 months after the 
     date of the enactment of this Act, and annually thereafter, 
     the Comptroller General of the United States shall submit a 
     report to the Committees on the Judiciary of the House of 
     Representatives and the Senate setting forth evaluations of--
       (A) the extent to which each demonstration project is 
     meeting each of the requirements of section 111(c); and
       (B) the Comptroller General's preliminary findings made 
     under this section.
       (2) Verification system.--Not later than 60 days after the 
     submission to the Congress of the plan under section 
     111(a)(2), the Comptroller General of the United States shall 
     submit a report to the Congress setting forth an evaluation 
     of--
       (A) the extent to which the proposed system, if any, meets 
     each of the requirements of section 111(c); and
       (B) the Comptroller General's findings made under this 
     section.

     SEC. 114. GENERAL NONPREEMPTION OF EXISTING RIGHTS AND 
                   REMEDIES.

       Nothing in this subpart may be construed to deny, impair, 
     or otherwise adversely affect any right or remedy available 
     under Federal, State, or local law to any person on or after 
     the date of the enactment of this Act except to the extent 
     the right or remedy is inconsistent with any provision of 
     this part.

     SEC. 115. DEFINITIONS.

       For purposes of this subpart--
       (1) Administration.-- The term ``Administration'' means the 
     Social Security Administration.
       (2) Employment authorized alien.--The term ``employment 
     authorized alien'' means an alien who has been provided with 
     an ``employment authorized'' endorsement by the Attorney 
     General or other appropriate work permit in accordance with 
     the Immigration and Nationality Act.
       (3) Service.--The term ``Service'' means the Immigration 
     and Naturalization Service.

       Subpart B--Strengthening Existing Verification Procedures

     SEC. 116. CHANGES IN LIST OF ACCEPTABLE EMPLOYMENT-
                   VERIFICATION DOCUMENTS.

       (a) Authority To Require Social Security Account Numbers.--
     Section 274A (8 U.S.C. 1324a) is amended by adding at the end 
     of subsection (b)(2) the following new sentence: ``The 
     Attorney General is authorized to require an individual to 
     provide on the form described in paragraph (1)(A) the 
     individual's social security account number for purposes of 
     complying with this section.''.
       (b) Changes in Acceptable Documentation for Employment 
     Authorization and Identity.--
       (1) Reduction in number of acceptable employment-
     verification documents.--Section 274A(b)(1) (8 U.S.C. 
     1324a(b)(1)) is amended--
       (A) in subparagraph (B)--
       (i) by striking clauses (ii), (iii), and (iv);
       (ii) by redesignating clause (v) as clause (ii);
       (iii) in clause (i), by adding at the end ``or'';
       (iv) in clause (ii) (as redesignated), by amending the text 
     preceding subclause (I) to read as follows:
       ``(ii) resident alien card, alien registration card, or 
     other document designated by regulation by the Attorney 
     General, if the document--''; and
       (v) in clause (ii) (as redesignated)--

       (I) by striking ``and'' at the end of subclause (I);
       (II) by striking the period at the end of subclause (II) 
     and inserting ``, and''; and
       (III) by adding at the end the following new subclause:
       ``(III) contains appropriate security features.''; and

       (B) in subparagraph (C)--
       (i) by inserting ``or'' after the ``semicolon'' at the end 
     of clause (i);
       (ii) by striking clause (ii); and
       (iii) by redesignating clause (iii) as clause (ii).
       (2) Authority to prohibit use of certain documents.--If the 
     Attorney General finds, by regulation, that any document 
     described in section 274A(b)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)(1)) as establishing 
     employment authorization or identity does not reliably 
     establish such authorization or identity or is being used 
     fraudulently to an unacceptable degree, the Attorney General 
     may prohibit or place conditions on its use for purposes of 
     the verification system established in section 274A(b) of the 
     Immigration and Nationality Act under section 111 of this 
     Act.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b)(1) shall apply with respect to hiring (or recruiting 
     or referring) occurring on or after such date as the Attorney 
     General shall designate (but not later than 180 days after 
     the date of the enactment of this Act).

     SEC. 117. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS 
                   UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

       Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--

[[Page S4735]]

       (1) by striking ``For purposes of paragraph (1), a'' and 
     inserting ``A''; and
       (2) by striking ``relating to the hiring of individuals'' 
     and inserting the following: ``if made for the purpose or 
     with the intent of discriminating against an individual in 
     violation of paragraph (1)''.

     SEC. 118. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

       (a) Birth Certificates.--
       (1) Limitation on acceptance.--(A) No Federal agency, 
     including but not limited to the Social Security 
     Administration and the Department of State, and no State 
     agency that issues driver's licenses or identification 
     documents, may accept for any official purpose a copy of a 
     birth certificate, as defined in paragraph (5), unless it is 
     issued by a State or local authorized custodian of record and 
     it conforms to standards described in subparagraph (B).
       (B) The standards described in this subparagraph are those 
     set forth in regulations promulgated by the Federal agency 
     designated by the President, after consultation with such 
     other Federal agencies as the President shall designate and 
     with State vital statistics offices, and shall--
       (i) include but not be limited to--
       (I) certification by the agency issuing the birth 
     certificate, and
       (II) use of safety paper, the seal of the issuing agency, 
     and other features designed to limit tampering, 
     counterfeiting, and photocopying, or otherwise duplicating, 
     for fraudulent purposes,
       (ii) not require a single design to which the official 
     birth certificate copies issued by each State must conform; 
     and
       (iii) accommodate the differences between the States in the 
     manner and form in which birth records are stored and in how 
     birth certificate copies are produced from such records.
       (2) Limitation on issuance.--(A) If one or more of the 
     conditions described in subparagraph (B) is present, no State 
     or local government agency may issue an official copy of a 
     birth certificate pertaining to an individual unless the copy 
     prominently notes that such individual is deceased.
       (B) The conditions described in this subparagraph include--
       (i) the presence on the original birth certificate of a 
     notation that the individual is deceased, or
       (ii) actual knowledge by the issuing agency that the 
     individual is deceased obtained through information provided 
     by the Social Security Administration, by an interstate 
     system of birth-death matching, or otherwise.
       (3) Grants to states.--(A)(i) The Secretary of Health and 
     Human Services, in consultation with other agencies 
     designated by the President, shall establish a fund, 
     administered through the National Center for Health 
     Statistics, to provide grants to the States to encourage them 
     to develop the capability to match birth and death records, 
     within each State and among the States, and to note the fact 
     of death on the birth certificates of deceased persons. In 
     developing the capability described in the preceding 
     sentence, States shall focus first on persons who were born 
     after 1950.
       (ii) Such grants shall be provided in proportion to 
     population and in an amount needed to provide a substantial 
     incentive for the States to develop such capability.
       (B) The Secretary of Health and Human Services shall 
     establish a fund, administered through the National Center 
     for Health Statistics, to provide grants to the States for a 
     project in each of 5 States to demonstrate the feasibility of 
     a system by which each such State's office of vital 
     statistics would be provided, within 24 hours, sufficient 
     information to establish the fact of death of every 
     individual dying in such State.
       (C) There are authorized to be appropriated to the 
     Department of Health and Human Services such amounts as may 
     be necessary to provide the grants described in subparagraphs 
     (A) and (B).
       (4) Report.--(A) Not later than one year after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall submit a report to the Congress on ways to 
     reduce the fraudulent obtaining and the fraudulent use of 
     birth certificates, including any such use to obtain a social 
     security account number or a State or Federal document 
     related to identification or immigration.
       (B) Not later than one year after the date of enactment of 
     this Act, the agency designated by the President in paragraph 
     (1)(B) shall submit a report setting forth, and explaining, 
     the regulations described in such paragraph.
       (C) There are authorized to be appropriated to the 
     Department of Health and Human Services such amounts as may 
     be necessary for the preparation of the report described in 
     subparagraph (A).
       (5) Certificate of birth.--As used in this section, the 
     term ``birth certificate'' means a certificate of birth of--
       (A) a person born in the United States, or
       (B) a person born abroad who is a citizen or national of 
     the United States at birth, whose birth is registered in the 
     United States.
       (6) Effective dates.--
       (A) Except as otherwise provided in subparagraph (B) and in 
     paragraph (4), this subsection shall take effect two years 
     after the enactment of this Act.
       (B) Paragraph (1)(A) shall take effect two years after the 
     submission of the report described in paragraph (4)(B).
       (b) State-Issued Drivers Licenses.--
       (1) Social security account number.--Each State-issued 
     driver's license and identification document shall contain a 
     social security account number, except that this paragraph 
     shall not apply if the document or license is issued by a 
     State that requires, pursuant to a statute, regulation, or 
     administrative policy which was, respectively, enacted, 
     promulgated, or implemented, prior to the date of enactment 
     of this Act, that--
       (A) every applicant for such license or document submit the 
     number, and
       (B) an agency of such State verify with the Social Security 
     Administration that the number is valid and is not a number 
     assigned for use by persons without authority to work in the 
     United States, but not that the number appears on the card.
       (2) Application process.--The application process for a 
     State driver's license or identification document shall 
     include the presentation of such evidence of identity as is 
     required by regulations promulgated by the Secretary of 
     Transportation, after consultation with the American 
     Association of Motor Vehicle Administrators.
       (3) Form of license and identification document.--Each 
     State driver's license and identification document shall be 
     in a form consistent with requirements set forth in 
     regulations promulgated by the Secretary of Transportation, 
     after consultation with the American Association of Motor 
     Vehicle Administrators. Such form shall contain security 
     features designed to limit tampering, counterfeiting, and use 
     by impostors.
       (4) Limitation on acceptance of license and identification 
     document.--Neither the Social Security Administration or the 
     Passport Office or any other Federal agency or any State or 
     local government agency may accept for any evidentiary 
     purpose a State driver's license or identification document 
     in a form other than the form described in paragraph (3).
       (5) Effective dates.--
       (A) Except as otherwise provided in subparagraph (B) or 
     (C), this subsection shall take effect on October 1, 2000.
       (B)(i) With respect to driver's licenses or identification 
     documents issued by States that issue such licenses or 
     documents for a period of validity of six years or less, 
     paragraphs (1) and (3) shall apply beginning on October 1, 
     2000, but only to licenses or documents issued to an 
     individual for the first time and to replacement or renewal 
     licenses issued according to State law.
       (ii) With respect to driver's licenses or identification 
     documents issued in States that issue such licenses or 
     documents for a period of validity of more than six years, 
     paragraphs (1) and (3) shall apply--
       (I) during the period of October 1, 2000 through September 
     30, 2006, only to licenses or documents issued to an 
     individual for the first time and to replacement or renewal 
     licenses issued according to State law, and
       (II) beginning on October 1, 2006, to all driver's licenses 
     or identification documents issued by such States.
       (C) Paragraph (4) shall take effect on October 1, 2006.

     SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR STANDARDS 
                   VIOLATIONS ARE PRESENT.

       (a) In General.--Section 274A(e) (8 U.S.C. 1324a(e)) is 
     amended by adding at the end the following:
       ``(10)(A) The administrative law judge shall have the 
     authority to require payment of a civil money penalty in an 
     amount up to two times the amount of the penalty prescribed 
     by this subsection in any case in which the employer has been 
     found to have committed a willful violation or repeated 
     violations of any of the following statutes:
       ``(i) The Fair Labor Standards Act (29 U.S.C. 201 et seq.) 
     pursuant to a final determination by the Secretary of Labor 
     or a court of competent jurisdiction.
       ``(ii) The Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.) pursuant to a final 
     determination by the Secretary of Labor or a court of 
     competent jurisdiction.
       ``(iii) The Family and Medical Leave Act (29 U.S.C. 2601 et 
     seq.) pursuant to a final determination by the Secretary of 
     Labor or a court of competent jurisdiction.
       ``(B) The Secretary of Labor and the Attorney General shall 
     consult regarding the administration of this paragraph.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to offenses occurring on or after 
     the date of the enactment of this Act.

     SEC. 120. INCREASED NUMBER OF ASSISTANT UNITED STATES 
                   ATTORNEYS TO PROSECUTE CASES OF UNLAWFUL 
                   EMPLOYMENT OF ALIENS OR DOCUMENT FRAUD.

       The Attorney General is authorized to hire for fiscal years 
     1996 and 1997 such additional Assistant United States 
     Attorneys as may be necessary for the prosecution of actions 
     brought under sections 274A and 274C of the Immigration and 
     Nationality Act and sections 911, 1001, 1015 through 1018, 
     1028, 1030, 1541 through 1544, 1546, and 1621 of title 18, 
     United States Code. Each such additional attorney shall be 
     used primarily for such prosecutions.

     SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF UNLAWFUL 
                   EMPLOYMENT OF ALIENS OR DOCUMENT FRAUD.

       (a) Immigration Officer Authority.--
       (1) Unlawful employment.--Section 274A(e)(2) (8 U.S.C. 
     1324a(e)(1)) is amended--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``, and''; and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) immigration officers designated by the Commissioner 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place prior to the 
     filing of a complaint in a case under paragraph (2).''.
       (2) Document fraud.--Section 274C(d)(1) (8 U.S.C. 
     1324c(d)(1)) is amended--
       (A) by striking ``and'' at the end of subparagraph (A);

[[Page S4736]]

       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``, and''; and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) immigration officers designated by the Commissioner 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place prior to the 
     filing of a complaint in a case under paragraph (2).''.
       (b) Secretary of Labor Subpoena Authority.--
       (1) In general.--Chapter 9 of title II of the Immigration 
     and Nationality Act is amended by adding at the end the 
     following new section:


                ``Secretary of Labor Subpoena Authority

       ``Sec. 294. The Secretary of Labor may issue subpoenas 
     requiring the attendance and testimony of witnesses or the 
     production of any records, books, papers, or documents in 
     connection with any investigation or hearing conducted in the 
     enforcement of any immigration program for which the 
     Secretary of Labor has been delegated enforcement authority 
     under the Act. In such hearing, the Secretary of Labor may 
     administer oaths, examine witnesses, and receive evidence. 
     For the purpose of any such hearing or investigation, the 
     authority contained in sections 9 and 10 of the Federal Trade 
     Commission Act (15 U.S.C. 49, 50), relating to the attendance 
     of witnesses and the production of books, papers, and 
     documents, shall be available to the Secretary of Labor.''.
       (2) Conforming amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 293 the following new item:

``Sec. 294. Secretary of Labor subpoena authority.''.

     SEC. 120B. TASK FORCE TO IMPROVE PUBLIC EDUCATION REGARDING 
                   UNLAWFUL EMPLOYMENT OF ALIENS AND UNFAIR 
                   IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

       (a) Establishment.--The Attorney General shall establish a 
     task force within the Department of Justice charged with the 
     responsibility of--
       (1) providing advice and guidance to employers and 
     employees relating to unlawful employment of aliens under 
     section 274A of the Immigration and Nationality Act and 
     unfair immigration-related employment practices under 274B of 
     such Act; and
       (2) assisting employers in complying with those laws.
       (b) Composition.--The members of the task force shall be 
     designated by the Attorney General from among officers or 
     employees of the Immigration and Naturalization Service or 
     other components of the Department of Justice.
       (c) Annual Report.--The task force shall report annually to 
     the Attorney General on its operations.

     SEC. 120C. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.

       There are authorized to be appropriated such additional 
     sums as may be necessary to ensure that the program 
     ``IDENT'', operated by the Immigration and Naturalization 
     Service pursuant to section 130007 of Public Law 103-322, 
     shall be expanded into a nationwide program.

     SEC. 120D. APPLICATION OF VERIFICATION PROCEDURES TO STATE 
                   AGENCY REFERRALS OF EMPLOYMENT.

       Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at 
     the end the following new paragraph:
       ``(6) State agency referrals.--A State employment agency 
     that refers any individual for employment shall comply with 
     the procedures specified in subsection (b). For purposes of 
     the attestation requirement in subsection (b)(1), the agency 
     employee who is primarily involved in the referral of the 
     individual shall make the attestation on behalf of the 
     agency.''.

     SEC. 120E. RETENTION OF VERIFICATION FORM.

       Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended by 
     inserting after ``must retain the form'' the following: 
     ``(except in any case of disaster, act of God, or other event 
     beyond the control of the person or entity)''.

                PART 3--ALIEN SMUGGLING; DOCUMENT FRAUD

     SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN 
                   SMUGGLING OR DOCUMENT FRAUD.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) in paragraph (c), by striking ``or section 1992 
     (relating to wrecking trains)'' and inserting ``section 1992 
     (relating to wrecking trains), a felony violation of section 
     1028 (relating to production of false identification 
     documentation), section 1425 (relating to the procurement of 
     citizenship or nationalization unlawfully), section 1426 
     (relating to the reproduction of naturalization or 
     citizenship papers), section 1427 (relating to the sale of 
     naturalization or citizenship papers), 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 passports), 
     section 1544 (relating to misuse of passports), or section 
     1546 (relating to fraud and misuse of visas, permits, and 
     other documents)'';
       (2) by striking ``or'' at the end of paragraph (l);
       (3) by redesignating paragraphs (m), (n), and (o) as 
     paragraphs (n), (o), and (p), respectively; and
       (4) by inserting after paragraph (l) the following new 
     paragraph:
       ``(m) a violation of section 274, 277, or 278 of the 
     Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 
     1328) (relating to the smuggling of aliens);''.

     SEC. 122. ADDITIONAL COVERAGE IN RICO FOR OFFENSES RELATING 
                   TO ALIEN SMUGGLING AND DOCUMENT FRAUD.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' after ``law of the United States,'';
       (2) by inserting ``or'' at the end of clause (E); and
       (3) by adding at the end the following: ``(F) any act, or 
     conspiracy to commit any act, in violation of--
       ``(i) section 1028 (relating to production of false 
     identification documentation), section 1425 (relating to the 
     procurement of citizenship or nationalization unlawfully), 
     section 1426 (relating to the reproduction of naturalization 
     or citizenship papers), section 1427 (relating to the sale of 
     naturalization or citizenship papers), 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 passports), 
     or section 1544 (relating to misuse of passports) of this 
     title, or, for personal financial gain, section 1546 
     (relating to fraud and misuse of visas, permits, and other 
     documents) of this title; or
       ``(ii) section 274, 277, or 278 of the Immigration and 
     Nationality Act.''.

     SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

       (a) In General.--Section 274(a) (8 U.S.C. 1324(a)) is 
     amended--
       (1) in paragraph (1)(A)--
       (A) by striking ``or'' at the end of clause (iii);
       (B) by striking the comma at the end of clause (iv) and 
     inserting ``; or''; and
       (C) by adding at the end the following new clause:
       ``(v)(I) engages in any conspiracy to commit any of the 
     preceding acts, or
       ``(II) aids or abets the commission of any of the preceding 
     acts,'';
       (2) in paragraph (1)(B)--
       (A) in clause (i), by inserting ``or (v)(I)'' after 
     ``(A)(i)'';
       (B) in clause (ii), by striking ``or (iv)'' and inserting 
     ``(iv), or (v)(II)'';
       (C) in clause (iii), by striking ``or (iv)'' and inserting 
     ``(iv), or (v)''; and
       (D) in clause (iv), by striking ``or (iv)'' and inserting 
     ``(iv), or (v)'';
       (3) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), 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''; and
       (B) in the matter following subparagraph (B)(iii), by 
     striking ``be fined'' and all that follows through the period 
     and inserting the following: ``be fined under title 18, 
     United States Code, and shall be imprisoned for a first or 
     second offense, not more than 10 years, and for a third or 
     subsequent offense, not more than 15 years.''; and
       (4) by adding at the end the following new paragraph:
       ``(3) Any person who hires for employment an alien--
       ``(A) knowing that such alien is an unauthorized alien (as 
     defined in section 274A(h)(3)), and
       ``(B) knowing that such alien has been brought into the 
     United States in violation of this subsection,

     shall be fined under title 18, United States Code, and shall 
     be imprisoned for not more than 5 years.''.
       (b) Smuggling of Aliens Who Will Commit Crimes.--Section 
     274(a)(2)(B) (8 U.S.C. 1324(a)(2)) is amended--
       (1) by striking ``or'' at the end of clause (ii);
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following new 
     clause:
       ``(iii) an offense committed with the intent, or with 
     substantial 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; or''.
       (c) Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall promulgate sentencing guidelines 
     or amend existing sentencing guidelines for offenders 
     convicted of offenses related to smuggling, transporting, 
     harboring, or inducing aliens in violation of section 274(a) 
     (1)(A) or (2)(B) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a) (1)(A), (2)(B)) in accordance with this 
     subsection.
       (2) Requirements.--In carrying out this subsection, the 
     Commission shall, with respect to the offenses described in 
     paragraph (1)--
       (A) increase the base offense level for such offenses at 
     least 3 offense levels above the applicable level in effect 
     on the date of the enactment of this Act;
       (B) review the sentencing enhancement for the number of 
     aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the 
     sentencing enhancement by at least 50 percent above the 
     applicable enhancement in effect on the date of the enactment 
     of this Act;
       (C) impose an appropriate sentencing enhancement upon an 
     offender with 1 prior felony conviction arising out of a 
     separate and prior prosecution for an offense that involved 
     the same or similar underlying conduct as the current 
     offense, to be applied in addition to any sentencing 
     enhancement that would otherwise apply pursuant to the 
     calculation of the defendant's criminal history category;
       (D) impose an additional appropriate sentencing enhancement 
     upon an offender with 2 or more prior felony convictions 
     arising out of separate and prior prosecutions for offenses 
     that involved the same or similar underling conduct as the 
     current offense, to be applied in addition to any sentencing 
     enhancement that would otherwise apply pursuant to the 
     calculation of the defendant's criminal history category;

[[Page S4737]]

       (E) impose an appropriate sentencing enhancement on a 
     defendant who, in the course of committing an offense 
     described in this subsection--
       (i) murders or otherwise causes death, bodily injury, or 
     serious bodily injury to an individual;
       (ii) uses or brandishes a firearm or other dangerous 
     weapon; or
       (iii) engages in conduct that consciously or recklessly 
     places another in serious danger of death or serious bodily 
     injury;
       (F) consider whether a downward adjustment is appropriate 
     if the offense conduct involves fewer than 6 aliens or the 
     defendant committed the offense other than for profit; and
       (G) consider whether any other aggravating or mitigating 
     circumstances warrant upward or downward sentencing 
     adjustments.
       (d) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.

     SEC. 124. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

       Section 274 (8 U.S.C. 1324) is amended by adding at the end 
     thereof the following new subsection:
       ``(d) Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped (or otherwise audiovisually 
     preserved) deposition of a witness to a violation of 
     subsection (a) who has been deported or otherwise expelled 
     from the United States, or is otherwise unable to testify, 
     may be admitted into evidence in an action brought for that 
     violation if the witness was available for cross examination 
     and the deposition otherwise complies with the Federal Rules 
     of Evidence.''.

     SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING AND 
                   DOCUMENT FRAUD.

       (a) In General.--Section 274(b) (8 U.S.C. 1324(b)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Any property, real or personal, which facilitates or 
     is intended to facilitate, or has been or is being used in or 
     is intended to be used in the commission of, a violation of, 
     or conspiracy to violate, subsection (a) or section 1028, 
     1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 
     18, United States Code, or which constitutes, or is derived 
     from or traceable to, the proceeds obtained directly or 
     indirectly from a commission of a violation of, or conspiracy 
     to violate, subsection (a) or section 1028, 1425, 1426, 1427, 
     1541, 1542, 1543, 1544, or 1546 of title 18, United States 
     Code, shall be subject to seizure and forfeiture, except 
     that--
       ``(A) no property used by any person as a common carrier in 
     the transaction of business as a common carrier shall be 
     forfeited under the provisions of this section unless it 
     shall appear that the owner or other person in charge of such 
     property was a consenting party or privy to the unlawful act;
       ``(B) no property shall be forfeited under this section by 
     reason of any act or omission established by the owner 
     thereof to have been committed or omitted by any person other 
     than such owner while such property was unlawfully in the 
     possession of a person other than the owner in violation of, 
     or in conspiracy to violate, the criminal laws of the United 
     States or of any State; and
       ``(C) no property shall be forfeited under this paragraph 
     to the extent of an interest of any owner, by reason of any 
     act or omission established by such owner to have been 
     committed or omitted without the knowledge or consent of such 
     owner, unless such act or omission was committed by an 
     employee or agent of such owner, and facilitated or was 
     intended to facilitate, the commission of a violation of, or 
     a conspiracy to violate, subsection (a) or section 1028, 
     1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 
     18, United States Code, or was intended to further the 
     business interests of the owner, or to confer any other 
     benefit upon the owner.'';
       (2) in paragraph (2)--
       (A) by striking ``conveyance'' both places it appears and 
     inserting ``property''; and
       (B) by striking ``is being used in'' and inserting ``is 
     being used in, is facilitating, has facilitated, or was 
     intended to facilitate'';
       (3) in paragraph (3)--
       (A) by inserting ``(A)'' immediately after ``(3)'', and
       (B) by adding at the end the following:
       ``(B) Before the seizure of any real property pursuant to 
     this section, the Attorney General shall provide notice and 
     an opportunity to be heard to the owner of the property. The 
     Attorney General shall prescribe such regulations as may be 
     necessary to carry out this subparagraph.'';
       (4) in paragraphs (4) and (5), by striking ``a conveyance'' 
     and ``conveyance'' each place such phrase or word appears and 
     inserting ``property''; and
       (5) in paragraph (4)--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) transfer custody and ownership of forfeited property 
     to any Federal, State, or local agency pursuant to section 
     616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to offenses occurring on or after 
     the date of the enactment of this Act.

     SEC. 126. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING, UNLAWFUL 
                   EMPLOYMENT OF ALIENS, OR DOCUMENT FRAUD.

       Section 274 (8 U.S.C. 1324(b)) is amended by redesignating 
     subsections (c) and (d) as subsections (d) and (e) and 
     inserting after subsection (b) the following:
       ``(c) Criminal Forfeiture.--(1) Any person convicted of a 
     violation of, or a conspiracy to violate, subsection (a) or 
     section 274A(a) (1) or (2) of this Act, or section 1028, 
     1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 
     18, United States Code, shall forfeit to the United States, 
     regardless of any provision of State law--
       ``(A) any conveyance, including any vessel, vehicle, or 
     aircraft used in the commission of a violation of, or a 
     conspiracy to violate, subsection (a); and
       ``(B) any property real or personal--
       ``(i) that constitutes, or is derived from or is traceable 
     to the proceeds obtained directly or indirectly from the 
     commission of a violation of, or a conspiracy to violate, 
     subsection (a), section 274A(a) (1) or (2) of this Act, or 
     section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 
     1546 of title 18, United States Code; or
       ``(ii) that is used to facilitate, or is intended to be 
     used to facilitate, the commission of a violation of, or a 
     conspiracy to violate, subsection (a), section 274A(a) (1) or 
     (2) of this Act, or section 1028, 1425, 1426, 1427, 1541, 
     1542, 1543, 1544, or 1546 of title 18, United States Code.

     The court, in imposing sentence on such person, shall order 
     that the person forfeit to the United States all property 
     described in this subsection.
       ``(2) The criminal forfeiture of property under this 
     subsection, including any seizure and disposition of the 
     property and any related administrative or judicial 
     proceeding, shall be governed by the provisions of section 
     413 of the Comprehensive Drug Abuse Prevention and Control 
     Act of 1970 (21 U.S.C. 853), other than subsections (a) and 
     (d) of such section 413.''.

     SEC. 127. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
                   GOVERNMENT-ISSUED DOCUMENTS.

       (a) Penalties for Fraud and Misuse of Government-Issued 
     Identification Documents.--(1) Section 1028(b) of title 18, 
     United States Code, is amended to read as follows:
       ``(b)(1)(A) An offense under subsection (a) that is--
       ``(i) the production or transfer of an identification 
     document or false identification document that is or appears 
     to be--
       ``(I) an identification document issued by or under the 
     authority of the United States; or
       ``(II) a birth certificate, or a driver's license or 
     personal identification card;
       ``(ii) the production or transfer of more than five 
     identification documents or false identification documents; 
     or
       ``(iii) an offense under paragraph (5) of such subsection 
     (a);

     shall be punishable under subparagraph (B).
       ``(B) Except as provided in paragraph (4), a person who 
     violates an offense described in subparagraph (A) shall be 
     punishable by--
       ``(i) a fine under this title, imprisonment for not more 
     than 10 years, or both, for a first or second offense; or
       ``(ii) a fine under this title, imprisonment for not more 
     than 15 years, or both, for a third or subsequent offense.
       ``(2) A person convicted of an offense under subsection (a) 
     that is--
       ``(A) any other production or transfer of an identification 
     document or false identification document; or
       ``(B) an offense under paragraph (3) of such subsection;

     shall be punishable by a fine under this title, imprisonment 
     for not more than three years, or both.
       ``(3) A person convicted of an offense under subsection 
     (a), other than an offense described in paragraph (1) or (2), 
     shall be punishable by a fine under this title, imprisonment 
     for not more than one year, or both.
       ``(4) Notwithstanding any other provision of this section, 
     the maximum term of imprisonment that may be imposed for an 
     offense described in paragraph (1)(A) shall be--
       ``(A) if committed to facilitate a drug trafficking crime 
     (as defined in section 929(a) of this title), 15 years; and
       ``(B) if committed to facilitate an act of international 
     terrorism (as defined in section 2331 of this title), 20 
     years.''.
       (2) Sections 1541 through 1544 of title 18, United States 
     Code, are amended by striking be fined under this title, 
     imprisoned not more than 10 years, or both.'' each place it 
     appears and inserting the following:
       ``, except as otherwise provided in this section, be--
       ``(1) fined under this title, imprisoned for not more than 
     10 years, or both, for a first or second offense; or
       ``(2) fined under this title, imprisoned for not more than 
     15 years, or both, for a third or subsequent offense.
       ``Notwithstanding any other provision of this section, the 
     maximum term of imprisonment that may be imposed for an 
     offense under this section--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in section 929(a) of this title), is 15 years; 
     and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331 of this title), is 20 
     years.''.
       (3) Section 1546(a) of title 18, United States Code, is 
     amended by striking ``be fined under this title, imprisoned 
     not more than 10 years, or both.'' and inserting the 
     following:
       ``, except as otherwise provided in this subsection, be--
       ``(1) fined under this title, imprisoned for not more than 
     10 years, or both, for a first or second offense; or

[[Page S4738]]

       ``(2) fined under this title, imprisoned for not more than 
     15 years, or both, for a third or subsequent offense.
       ``Notwithstanding any other provision of this subsection, 
     the maximum term of imprisonment that may be imposed for an 
     offense under this subsection--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in section 929(a) of this title), is 15 years; 
     and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331 of this title), is 20 
     years.''.
       (4) Sections 1425 through 1427 of title 18, United States 
     Code, are amended by striking ``be fined not more than $5,000 
     or imprisoned not more than five years, or both'' each place 
     it appears and inserting ``, except as otherwise provided in 
     this section, be--
       ``(1) fined under this title, imprisoned for not more than 
     10 years, or both, for a first or second offense; or
       ``(2) fined under this title, imprisoned for not more than 
     15 years, or both, for a third or subsequent offense.
       ``Notwithstanding any other provision of this section, the 
     maximum term of imprisonment that may be imposed for an 
     offense under this section--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in section 929(a) of this title), is 15 years; 
     and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331 of this title), is 20 
     years.''.
       (b) Changes to the Sentencing Levels.--
       (1) In general.--Pursuant to the Commission's authority 
     under section 994(p) of title 28, United States Code, the 
     United States Sentencing Commission shall promulgate 
     sentencing guidelines or amend existing sentencing guidelines 
     for offenders convicted of violating, or conspiring to 
     violate, sections 1028(b)(1), 1425 through 1427, 1541 through 
     1544, and 1546(a) of title 18, United States Code, in 
     accordance with this subsection.
       (2) Requirements.--In carrying out this subsection, the 
     Commission shall, with respect to the offenses referred to in 
     paragraph (1)--
       (A) increase the base offense level for such offenses at 
     least 2 offense levels above the level in effect on the date 
     of the enactment of this Act;
       (B) review the sentencing enhancement for number of 
     documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and 
     increase the upward adjustment by at least 50 percent above 
     the applicable enhancement in effect on the date of the 
     enactment of this Act;
       (C) impose an appropriate sentencing enhancement upon an 
     offender with 1 prior felony conviction arising out of a 
     separate and prior prosecution for an offense that involved 
     the same or similar underlying conduct as the current 
     offense, to be applied in addition to any sentencing 
     enhancement that would otherwise apply pursuant to the 
     calculation of the defendant's criminal history category;
       (D) impose an additional appropriate sentencing enhancement 
     upon an offender with 2 or more prior felony convictions 
     arising out of separate and prior prosecutions for offenses 
     that involved the same or similar underling conduct as the 
     current offense, to be applied in addition to any sentencing 
     enhancement that would otherwise apply pursuant to the 
     calculation of the defendant's criminal history category;
       (E) consider whether a downward adjustment is appropriate 
     if the offense conduct involves fewer than 6 documents, or 
     the defendant committed the offense other than for profit and 
     the offense was not committed to facilitate an act of 
     international terrorism; and
       (F) consider whether any other aggravating or mitigating 
     circumstances warrant upward or downward sentencing 
     adjustments.
       (c) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (d) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.

     SEC. 128. CRIMINAL PENALTY FOR FALSE STATEMENT IN A DOCUMENT 
                   REQUIRED UNDER THE IMMIGRATION LAWS OR 
                   KNOWINGLY PRESENTING DOCUMENT WHICH FAILS TO 
                   CONTAIN REASONABLE BASIS IN LAW OR FACT.

       The fourth undesignated paragraph of section 1546(a) of 
     title 18, United States Code, is amended to read as follows:
       ``Whoever knowingly makes under oath, or as permitted under 
     penalty of perjury under section 1746 of title 28, United 
     States Code, knowingly subscribes as true, any false 
     statement with respect to a material fact in any application, 
     affidavit, or other document required by the immigration laws 
     or regulations prescribed thereunder, or knowingly presents 
     any such application, affidavit, or other document which 
     contains any such false statement or which fails to contain 
     any reasonable basis in law or 
     fact--''.

     SEC. 129. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE 
                   AS PREPARER OF FALSE APPLICATION FOR ASYLUM OR 
                   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) Whoever, in any matter within the 
     jurisdiction of the Service under section 208 of this Act, 
     knowingly and willfully fails to disclose, conceals, or 
     covers up the fact that they have, on behalf of any person 
     and for a fee or other remuneration, prepared or assisted in 
     preparing an application which was falsely made (as defined 
     in subsection (f)) for immigration benefits pursuant to 
     section 208 of this Act, or the regulations promulgated 
     thereunder, shall be guilty of a felony and shall be fined in 
     accordance with title 18, United States Code, imprisoned for 
     not more than 5 years, or both, and prohibited from preparing 
     or assisting in preparing, whether or not for a fee or other 
     remuneration, any other such application.
       ``(2) Whoever, having been convicted of a violation of 
     paragraph (1), knowingly and willfully prepares or assists in 
     preparing an application for immigration benefits pursuant to 
     this Act, or the regulations promulgated thereunder, whether 
     or not for a fee or other remuneration and regardless of 
     whether in any matter within the jurisdiction of the Service 
     under section 208, shall be guilty of a felony and shall be 
     fined in accordance with title 18, United States Code, 
     imprisoned for not more than 15 years, or both, and 
     prohibited from preparing or assisting in preparing any other 
     such application.''.

     SEC. 130. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES 
                   FOR DOCUMENT FRAUD.

       (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 
     1324c(a)) is amended--
       (1) in paragraph (1), by inserting before the comma at the 
     end the following: ``or to obtain a benefit under this Act'';
       (2) in paragraph (2), by inserting before the comma at the 
     end the following: ``or to obtain a benefit under this Act'';
       (3) in paragraph (3)--
       (A) by inserting ``or with respect to'' after ``issued 
     to'';
       (B) by adding before the comma at the end the following: 
     ``or obtaining a benefit under this Act''; and
       (C) by striking ``or'' at the end;
       (4) in paragraph (4)--
       (A) by inserting ``or with respect to'' after ``issued 
     to'';
       (B) by adding before the period at the end the following: 
     ``or obtaining a benefit under this Act''; and
       (C) by striking the period at the end and inserting ``, 
     or''; and
       (5) by adding at the end the following new paragraphs:
       ``(5) to prepare, file, or assist another in preparing or 
     filing, any application for benefits under this Act, or any 
     document required under this Act, or any document submitted 
     in connection with such application or document, with 
     knowledge or in reckless disregard of the fact that such 
     application or document was falsely made or, in whole or in 
     part, does not relate to the person on whose behalf it was or 
     is being submitted; or
       ``(6) to (A) 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 (B) fail to present such document to an 
     immigration officer upon arrival at a United States port of 
     entry.''.
       (b) Definition of Falsely Make.--Section 274C (8 U.S.C. 
     1324c), as amended by section 129 of this Act, is further 
     amended by adding at the end the following new subsection:
       ``(f) Falsely Make.--For purposes of this section, the term 
     `falsely make' means to prepare or provide an application or 
     document, with knowledge or in reckless disregard of the fact 
     that the application or 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 fact which is material to the purpose for 
     which it was submitted.''.
       (c) Conforming Amendment.--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'' each place it appears and inserting ``each 
     document that is the subject of a violation under subsection 
     (a)''.
       (d) Enhanced Civil Penalties for Document Fraud if Labor 
     Standards Violations Are Present.--Section 274C(d) (8 U.S.C. 
     1324c(d)) is amended by adding at the end the following new 
     paragraph:
       ``(7) Civil Penalty.--(A) The administrative law judge 
     shall have the authority to require payment of a civil money 
     penalty in an amount up to two times the level of the penalty 
     prescribed by this subsection in any case where the employer 
     has been found to have committed willful or repeated 
     violations of any of the following statutes:
       ``(i) The Fair Labor Standards Act (29 U.S.C. 201 et seq.) 
     pursuant to a final determination by the Secretary of Labor 
     or a court of competent jurisdiction.
       ``(ii) The Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.) pursuant to a final 
     determination by the Secretary of Labor or a court of 
     competent jurisdiction.
       ``(iii) The Family and Medical Leave Act (29 U.S.C. 2601 et 
     seq.) pursuant to a final determination by the Secretary of 
     Labor or a court of competent jurisdiction.
       ``(B) The Secretary of Labor and the Attorney General shall 
     consult regarding the administration of this paragraph.''.
       (e) Waiver by Attorney General.--Section 274C(d) (8 U.S.C. 
     1324c(d)), as amended by subsection (d), is further amended 
     by adding at the end the following new paragraph:
       ``(8) Waiver by attorney general.--The Attorney General may 
     waive the penalties imposed by 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).''.
       (f) Effective Date.--
       (1) Definition of falsely make.--Section 274C(f) of the 
     Immigration and Nationality Act,

[[Page S4739]]

     as added by subsection (b), applies to the preparation of 
     applications before, on, or after the date of the enactment 
     of this Act.
       (2) Enhanced civil penalties.--The amendments made by 
     subsection (d) apply with respect to offenses occurring on or 
     after the date of the enactment of this Act.

     SEC. 131. PENALTIES FOR INVOLUNTARY SERVITUDE.

       (a) Amendments to Title 18.--Sections 1581, 1583, 1584, and 
     1588 of title 18, United States Code, are amended by striking 
     ``five'' each place it appears and inserting ``10''.
       (b) Review of Sentencing Guidelines.--The United States 
     Sentencing Commission shall ascertain whether there exists an 
     unwarranted disparity--
       (1) between the sentences for peonage, involuntary 
     servitude, and slave trade offenses, and the sentences for 
     kidnapping offenses in effect on the date of the enactment of 
     this Act; and
       (2) between the sentences for peonage, involuntary 
     servitude, and slave trade offenses, and the sentences for 
     alien smuggling offenses in effect on the date of the 
     enactment of this Act and after the amendment made by 
     subsection (a).
       (c) Amendment of Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall review 
     its guidelines on sentencing for peonage, involuntary 
     servitude, and slave trade offenses under sections 1581 
     through 1588 of title 18, United States Code, and shall amend 
     such guidelines as necessary to--
       (1) reduce or eliminate any unwarranted disparity found 
     under subsection (b) that exists between the sentences for 
     peonage, involuntary servitude, and slave trade offenses, and 
     the sentences for kidnapping offenses and alien smuggling 
     offenses;
       (2) ensure that the applicable guidelines for defendants 
     convicted of peonage, involuntary servitude, and slave trade 
     offenses are sufficiently stringent to deter such offenses 
     and adequately reflect the heinous nature of such offenses; 
     and
       (3) ensure that the guidelines reflect the general 
     appropriateness of enhanced sentences for defendants whose 
     peonage, involuntary servitude, or slave trade offenses 
     involve--
       (A) a large number of victims;
       (B) the use or threatened use of a dangerous weapon; or
       (C) a prolonged period of peonage or involuntary servitude.
       (d) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.

     SEC. 132. EXCLUSION RELATING TO MATERIAL SUPPORT TO 
                   TERRORISTS.

       Section 212(a)(3)(B)(iii)(III) (8 U.S.C. 
     1182(a)(3)(B)(iii)(III)) is amended by inserting 
     ``documentation or'' before ``identification''.

                   PART 4--EXCLUSION AND DEPORTATION

     SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION 
                   SITUATIONS.

       (a) In General.--The Immigration and Nationality Act is 
     amended by adding after section 236 (8 U.S.C. 1226) the 
     following new section:


       ``special exclusion in extraordinary migration situations

       ``Sec. 236A. (a) In General.--
       ``(1) Notwithstanding the provisions of sections 235(b) and 
     236, and subject to subsection (c), if the Attorney General 
     determines that the numbers or circumstances of aliens en 
     route to or arriving in the United States, by land, sea, or 
     air, present an extraordinary migration situation, the 
     Attorney General may, without referral to a special inquiry 
     officer, order the exclusion and deportation of any alien who 
     is found to be excludable under section 212(a) (6)(C) or (7).
       ``(2) As used in this section, the term `extraordinary 
     migration situation' means the arrival or imminent arrival in 
     the United States or its territorial waters of aliens who by 
     their numbers or circumstances substantially exceed the 
     capacity of the inspection and examination of such aliens.
       ``(3) Subject to paragraph (4), the determination whether 
     there exists an extraordinary migration situation within the 
     meaning of paragraphs (1) and (2) is committed to the sole 
     and exclusive discretion of the Attorney General.
       ``(4) The provisions of this subsection may be invoked 
     under paragraph (1) for a period not to exceed 90 days, 
     unless within such 90-day period or extension thereof, the 
     Attorney General determines, after consultation with the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives, that an extraordinary migration situation 
     continues to warrant such procedures remaining in effect for 
     an additional 90-day period.
       ``(5) No alien may be ordered specially excluded under 
     paragraph (1) if--
       ``(A) such alien is eligible to seek asylum under section 
     208; and
       ``(B) the Attorney General determines, in the procedure 
     described in subsection (b), that such alien has a credible 
     fear of persecution on account of race, religion, 
     nationality, membership in a particular social group or 
     political opinion in the country of such person's 
     nationality, or in the case of a person having no 
     nationality, the country in which such person last habitually 
     resided.
       ``(6) A special exclusion order entered in accordance with 
     the provisions of this section is not subject to 
     administrative review other than as provided in this section, 
     except that the Attorney General shall provide by regulation 
     for a prompt administrative review of such an order against 
     an applicant 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, and appears to have been, lawfully admitted for 
     permanent residence.
       ``(7) A special exclusion order entered in accordance with 
     the provisions of this section shall have the same effect as 
     if the alien had been ordered excluded and deported pursuant 
     to section 236.
       ``(8) Nothing in this subsection shall be construed as 
     requiring an inquiry before a special inquiry officer in the 
     case of an alien crewman.
       ``(b) Procedure for Using Special Exclusion.--(1) When the 
     Attorney General has determined pursuant to this section that 
     an extraordinary migration situation exists and an alien 
     subject to special exclusion under such section has indicated 
     a desire to apply for asylum or withholding of deportation 
     under section 243(h) or has indicated a fear of persecution 
     upon return, the immigration officer shall refer the matter 
     to an asylum officer.
       ``(2) Such asylum officer shall interview the alien to 
     determine whether the alien has a credible fear of 
     persecution (or of return to persecution) in or from the 
     country of such alien's nationality, or in the case of a 
     person having no nationality, the country in which such alien 
     last habitually resided.
       ``(3) The Attorney General shall provide information 
     concerning the procedures described in this section to any 
     alien who is subject to such provisions. The alien may 
     consult with or be represented by a person or persons of the 
     alien's choosing according to regulations prescribed by the 
     Attorney General. Such consultation and representation shall 
     be at no expense to the Government and shall not unreasonably 
     delay the process.
       ``(4) The application for asylum or withholding of 
     deportation of an alien who has been determined under the 
     procedure described in paragraph (2) to have a credible fear 
     of persecution shall be determined in due course by a special 
     inquiry officer during a hearing on the exclusion of such 
     alien.
       ``(5) If the officer determines that the alien does not 
     have a credible fear of persecution in (or of return to 
     persecution from) the country or countries referred to in 
     paragraph (2), the alien may be specially excluded and 
     deported in accordance with this section.
       ``(6) The Attorney General shall provide by regulation for 
     a single level of administrative appellate review of a 
     special exclusion order entered in accordance with the 
     provisions of this section.
       ``(7) As used in this section, the term `asylum officer' 
     means an immigration officer who--
       ``(A) has had extensive professional training in country 
     conditions, asylum law, and interview techniques;
       ``(B) has had at least one year of experience adjudicating 
     affirmative asylum applications of aliens who are not in 
     special exclusion proceedings; and
       ``(C) is supervised by an officer who meets the 
     qualifications described in subparagraphs (A) and (B).
       ``(8) As used in this section, the term `credible fear of 
     persecution' means that, in light of statements and evidence 
     produced by the alien in support of the alien's claim, and of 
     such other facts as are known to the officer about country 
     conditions, a claim by the alien that the alien is eligible 
     for asylum under section 208 would not be manifestly 
     unfounded.
       ``(c) Aliens Fleeing Ongoing Armed Conflict, Torture, 
     Systematic Persecution, and Other Deprivations of Human 
     Rights.--Notwithstanding any other provision of this section, 
     the Attorney General may, in the Attorney General's 
     discretion, proceed in accordance with section 236 with 
     regard to any alien fleeing from a country where--
       ``(1) the government (or a group within the country that 
     the government is unable or unwilling to control) engages 
     in--
       ``(A) torture or other cruel, inhuman, or degrading 
     treatment or punishment;
       ``(B) prolonged arbitrary detention without charges or 
     trial;
       ``(C) abduction, forced disappearance or clandestine 
     detention; or
       ``(D) systematic persecution; or
       ``(2) an ongoing armed conflict or other extraordinary 
     conditions would pose a serious threat to the alien's 
     personal safety.''.
       (b) Conforming Amendments.--(1)(A) Section 235(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1225b) is amended 
     to read as follows:
       ``(b) Every alien (other than an alien crewman), and except 
     as otherwise provided in subsection (c) of this section and 
     in section 273(d), who may not appear to the examining 
     officer at the port of arrival to be clearly and beyond a 
     doubt entitled to land shall be detained for further inquiry 
     to be conducted by a special inquiry officer. 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 land is so challenged, 
     before a special inquiry officer.''.
       (B) Section 237(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1227a) is amended--
       (i) in the second sentence of paragraph (1), by striking 
     ``Subject to section 235(b)(1), deportation'' and inserting 
     ``Deportation''; and
       (ii) in the first sentence of paragraph (2), by striking 
     ``Subject to section (b)(1), if'' and inserting ``If''.
       (2)(A) Section 106 of the Immigration and Nationality Act 
     (8 U.S.C. 1105a) is amended--
       (i) by striking subsection (e); and
       (ii) by amending the section heading to read as follows: 
     ``judicial review of orders of deportation and exclusion''.

[[Page S4740]]

       (B) Section 235(d) (8 U.S.C. 1225d) is repealed.
       (C) The item relating to section 106 in the table of 
     contents of the Immigration and Nationality Act is amended to 
     read as follows:

``106. Judicial review of orders of deportation and exclusion.''.

       (3) Section 241(d) (8 U.S.C. 1251d) is repealed.

     SEC. 142. JUDICIAL REVIEW OF ORDERS OF EXCLUSION AND 
                   DEPORTATION.

       (a) In General.--Section 106 (8 U.S.C. 1105a) is amended to 
     read as follows:


  ``judicial review of orders of deportation, exclusion, and special 
                               exclusion

       ``Sec. 106. (a) Applicable Provisions.--Except as provided 
     in subsection (b), judicial review of a final order of 
     exclusion or deportation is governed only by chapter 158 of 
     title 28 of the United States Code, but in no such review may 
     a court order the taking of additional evidence pursuant to 
     section 2347(c) of title 28, United States Code.
       ``(b) Requirements.--(1)(A) A petition for judicial review 
     must be filed not later than 30 days after the date of the 
     final order of exclusion or deportation, except that in the 
     case of any specially deportable criminal alien (as defined 
     in section 242(k)), there shall be no judicial review of any 
     final order of deportation.
       ``(B) The alien shall serve and file a brief in connection 
     with a petition for judicial review not later than 40 days 
     after the date on which the administrative record is 
     available, and may serve and file a reply brief not later 
     than 14 days after service of the brief of the Attorney 
     General, and the court may not extend these deadlines except 
     upon motion for good cause shown. 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 a 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.
       ``(C) If an alien fails to file a brief in connection with 
     a petition for judicial review within the time provided in 
     this paragraph, the Attorney General may move to dismiss the 
     appeal, and the court shall grant such motion unless a 
     manifest injustice would result.
       ``(2) A petition for judicial review shall be filed with 
     the court of appeals for the judicial circuit in which the 
     special inquiry officer completed the proceedings.
       ``(3) The respondent of a petition for judicial review 
     shall be the Attorney General. The petition shall be served 
     on the Attorney General and on the officer or employee of the 
     Immigration and Naturalization Service in charge of the 
     Service district in which the final order of exclusion or 
     deportation was entered. Service of the petition on the 
     officer or employee does not stay the deportation of an alien 
     pending the court's decision on the petition, unless the 
     court orders otherwise.
       ``(4)(A) Except as provided in paragraph (5)(B), the court 
     of appeals shall decide the petition only on the 
     administrative record on which the order of exclusion or 
     deportation is based and the Attorney General's findings of 
     fact shall be conclusive unless a reasonable adjudicator 
     would be compelled to conclude to the contrary.
       ``(B) The Attorney General's discretionary judgment whether 
     to grant relief under section 212 (c) or (i), 244 (a) or (d), 
     or 245 shall be conclusive and shall not be subject to 
     review.
       ``(C) The Attorney General's discretionary judgment whether 
     to grant relief under section 208(a) shall be conclusive 
     unless manifestly contrary to law and an abuse of discretion.
       ``(5)(A) If the petitioner claims to be a national of the 
     United States and the court of appeals finds from the 
     pleadings and affidavits that no genuine issue of material 
     fact about the petitioner's nationality is presented, the 
     court shall decide the nationality claim.
       ``(B) If the petitioner claims to be a national of the 
     United States and the court of appeals finds that a genuine 
     issue of material fact about the petitioner's nationality is 
     presented, the court shall transfer the proceeding to the 
     district court of the United States for the judicial district 
     in which the petitioner resides for a new hearing on the 
     nationality claim and a decision on that claim as if an 
     action had been brought in the district court under section 
     2201 of title 28, United States Code.
       ``(C) The petitioner may have the nationality claim decided 
     only as provided in this section.
       ``(6)(A) If the validity of an order of deportation has not 
     been judicially decided, a defendant in a criminal proceeding 
     charged with violating subsection (d) or (e) of section 242 
     may challenge the validity of the order in the criminal 
     proceeding only by filing a separate motion before trial. The 
     district court, without a jury, shall decide the motion 
     before trial.
       ``(B) If the defendant claims in the motion to be a 
     national of the United States and the district court finds 
     that 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 deportation 
     order is based. The administrative findings of fact are 
     conclusive if supported by reasonable, substantial, and 
     probative evidence on the record considered as a whole.
       ``(C) If the defendant claims in the motion to be a 
     national of the United States and the district court finds 
     that a genuine issue of material fact about the defendant's 
     nationality is presented, the court shall hold a new hearing 
     on the nationality claim and decide that claim as if an 
     action had been brought under section 2201 of title 28, 
     United States Code.
       ``(D) If the district court rules that the deportation 
     order is invalid, the court shall dismiss the indictment. The 
     United States Government may appeal the dismissal to the 
     court of appeals for the appropriate circuit within 30 days. 
     The defendant may not file a petition for review under this 
     section during the criminal proceeding. The defendant may 
     have the nationality claim decided only as provided in this 
     section.
       ``(7) This subsection--
       ``(A) does not prevent the Attorney General, after a final 
     order of deportation has been issued, from detaining the 
     alien under section 242(c);
       ``(B) does not relieve the alien from complying with 
     subsection (d) or (e) of section 242; and
       ``(C) except as provided in paragraph (3), does not require 
     the Attorney General to defer deportation of the alien.
       ``(8) The record and briefs do not have to be printed. The 
     court of appeals shall review the proceeding on a typewritten 
     record and on typewritten briefs.
       ``(c) Requirements for Petition.--A petition for review of 
     an order of exclusion or deportation shall state whether a 
     court has upheld the validity of the order, and, if so, shall 
     state the name of the court, the date of the court's ruling, 
     and the kind of proceeding.
       ``(d) Review of Final Orders.--
       ``(1) A court may review a final order of exclusion or 
     deportation only if--
       ``(A) the alien has exhausted all administrative remedies 
     available to the alien as a matter of right; and
       ``(B) another court has not decided the validity of the 
     order, unless, subject to paragraph (2), 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.
       ``(2) Nothing in paragraph (1)(B) may be construed as 
     creating a right of review if such review would be 
     inconsistent with subsection (e), (f), or (g), or any other 
     provision of this section.
       ``(e) No Judicial Review for Orders of Deportation or 
     Exclusion Entered Against Certain Criminal Aliens.--
     Notwithstanding any other provision of law, any order of 
     exclusion or deportation against an alien who is excludable 
     or deportable by reason of having committed any criminal 
     offense described in subparagraph (A)(iii), (B), (C), or (D) 
     of section 241(a)(2), or two or more offenses described in 
     section 241(a)(2)(A)(ii), at least two of which resulted in a 
     sentence or confinement described in section 
     241(a)(2)(A)(i)(II), is not subject to review by any court.
       ``(f) No Collateral Attack.--In any action brought for the 
     assessment of penalties for improper entry or reentry of an 
     alien under section 275 or 276, no court shall have 
     jurisdiction to hear claims attacking the validity of orders 
     of exclusion, special exclusion, or deportation entered under 
     section 235, 236, or 242.''.
       (b) Rescission of Order.--Section 242B(c)(3) (8 U.S.C. 
     1252b(c)(3)) is amended by striking the period at the end and 
     inserting ``by the special inquiry officer, but there shall 
     be no stay pending further administrative or judicial review, 
     unless ordered because of individually compelling 
     circumstances.''.
       (c) Clerical Amendment.--The table of contents of the Act 
     is amended by amending the item relating to section 106 to 
     read as follows:

``Sec. 106. Judicial review of orders of deportation, exclusion, and 
              special exclusion.''.

       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to all final orders of exclusion or 
     deportation entered, and motions to reopen filed, on or after 
     the date of the enactment of this Act.

     SEC. 143. CIVIL PENALTIES AND VISA INELIGIBILITY, FOR FAILURE 
                   TO DEPART.

       (a) Aliens Subject to an Order of Exclusion or 
     Deportation.--The Immigration and Nationality Act is amended 
     by inserting after section 274C (8 U.S.C. 1324c) the 
     following new section:


                 ``Civil Penalties for Failure to Depart

       ``Sec. 274D. (a) Any alien subject to a final order of 
     exclusion and deportation or deportation who--
       ``(1) willfully fails or refuses to--
       ``(A) depart on time 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 himself or herself for deportation at the 
     time and place required by the Attorney General; or
       ``(2) conspires to or takes any action designed to prevent 
     or hamper the alien's departure pursuant to the order,

     shall pay a civil penalty of not more than $500 to the 
     Commissioner for each day the alien is in violation of this 
     section.
       ``(b) The Commissioner shall deposit amounts received under 
     subsection (a) as offsetting collections in the appropriate 
     appropriations account of the Service.
       ``(c) Nothing in this section shall be construed to 
     diminish or qualify any penalties to which an alien may be 
     subject for activities proscribed by section 242(e) or any 
     other section of this Act.''.
       (b) Visa Overstayer.--The Immigration and Nationality Act 
     is amended in section 212 (8 U.S.C. 1182) by inserting the 
     following new subsection:
       ``(p)(1) Any lawfully admitted nonimmigrant who remains in 
     the United States for more than

[[Page S4741]]

     60 days beyond the period authorized by the Attorney General 
     shall be ineligible for additional nonimmigrant or immigrant 
     visas (other than visas available for spouses of United 
     States citizens or aliens lawfully admitted for permanent 
     residence) until the date that is--
       ``(A) 3 years after the date the nonimmigrant departs the 
     United States in the case of a nonimmigrant not described in 
     paragraph (2); or
       ``(B) 5 years after the date the nonimmigrant departs the 
     United States in the case of a nonimmigrant who without 
     reasonable cause fails or refuses to attend or remain in 
     attendance at a proceeding to determine the nonimmigrant's 
     deportability.
       ``(2)(A) Paragraph (1) shall not apply to any lawfully 
     admitted nonimmigrant who is described in paragraph (1)(A) 
     and who demonstrates good cause for remaining in the United 
     States for the entirety of the period (other than the first 
     60 days) during which the nonimmigrant remained in the United 
     States without the authorization of the Attorney General.
       ``(B) A final order of deportation shall not be stayed on 
     the basis of a claim of good cause made under this 
     subsection.
       ``(3) The Attorney General shall by regulation establish 
     procedures necessary to implement this section.''.
       (c) Effective Date.--Subsection (b) shall take effect on 
     the date of implementation of the automated entry-exit 
     control system described in section 201, or on the date that 
     is 2 years after the date of enactment of this Act, whichever 
     is earlier.
       (d) Amendments to Table of Contents.--The table of contents 
     of the Act is amended by inserting after the item relating to 
     section 274C the following:

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

     SEC. 144. CONDUCT OF PROCEEDINGS BY ELECTRONIC MEANS.

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

     SEC. 145. SUBPOENA AUTHORITY.

       (a) Exclusion Proceedings.--Section 236(a) (8 U.S.C. 
     1226(a)) is amended in the first sentence by inserting 
     ``issue subpoenas,'' after ``evidence,''.
       (b) Deportation Proceedings.--Section 242(b) (8 U.S.C. 
     1252(b)) is amended in the first sentence by inserting 
     ``issue subpoenas,'' after ``evidence,''.

     SEC. 146. LANGUAGE OF DEPORTATION NOTICE; RIGHT TO COUNSEL.

       (a) Language of Notice.--Section 242B (8 U.S.C. 1252b) is 
     amended in subsection (a)(3) by striking ``under this 
     subsection'' and all that follows through ``(B)'' and 
     inserting ``under this subsection''.
       (b) Privilege of Counsel.--(1) Section 242B(b)(1) (8 U.S.C. 
     1252b(b)(1)) is amended by inserting before the period at the 
     end the following: ``, except that a hearing may be scheduled 
     as early as 3 days after the service of the order to show 
     cause if the alien has been continued in custody subject to 
     section 242''.
       (2) The parenthetical phrase in section 292 (8 U.S.C. 1362) 
     is amended to read as follows: ``(at no expense to the 
     Government or unreasonable delay to the proceedings)''.
       (3) Section 242B(b) (8 U.S.C. 1252b(b)) is further amended 
     by inserting at the end the following new paragraph:
       ``(3) Rule of construction.--Nothing in this subsection may 
     be construed to prevent the Attorney General from proceeding 
     against an alien pursuant to section 242 if the time period 
     described in paragraph (1) has elapsed and the alien has 
     failed to secure counsel.''.

     SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO TYPES OF VISA 
                   DENIED FOR COUNTRIES REFUSING TO ACCEPT 
                   DEPORTED ALIENS.

       (a) In General.--Section 243(g) (8 U.S.C. 1253(g)) is 
     amended to read as follows:
       ``(g)(1) If the Attorney General determines that any 
     country upon request denies or unduly delays acceptance of 
     the return of any alien who is a national, citizen, subject, 
     or resident thereof, the Attorney General shall notify the 
     Secretary of such fact, and thereafter, subject to paragraph 
     (2), neither the Secretary of State nor any consular officer 
     shall issue an immigrant or nonimmigrant visa to any 
     national, citizen, subject, or resident of such country.
       ``(2) The Secretary of State may waive the application of 
     paragraph (1) if the Secretary determines that such a waiver 
     is necessary to comply with the terms of a treaty or 
     international agreement or is in the national interest of the 
     United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to countries for which the Secretary of State 
     gives instructions to United States consular officers on or 
     after the date of the enactment of this Act.

     SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR COSTS OF 
                   DEPORTATION.

       In addition to any other funds otherwise available in any 
     fiscal year for such purpose, there are authorized to be 
     appropriated to the Immigration and Naturalization Service 
     $10,000,000 for use without fiscal year limitation for the 
     purpose of--
       (1) executing final orders of deportation pursuant to 
     sections 242 and 242A of the Immigration and Nationality Act 
     (8 U.S.C. 1252 and 1252a); and
       (2) detaining aliens prior to the execution of final orders 
     of deportation issued under such sections.

     SEC. 149. PILOT PROGRAM TO INCREASE EFFICIENCY IN REMOVAL OF 
                   DETAINED ALIENS.

       (a) Authority.--The Attorney General shall conduct one or 
     more pilot programs to study methods for increasing the 
     efficiency of deportation and exclusion proceedings against 
     detained aliens by increasing the availability of pro bono 
     counseling and representation for such aliens. Any such pilot 
     program may provide for administrative grants to not-for-
     profit organizations involved in the counseling and 
     representation of aliens in immigration proceedings. An 
     evaluation component shall be included in any such pilot 
     program to test the efficiency and cost-effectiveness of the 
     services provided and the replicability of such programs at 
     other locations.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice such sums as 
     may be necessary to carry out the program or programs 
     described in subsection (a).
       (c) Statutory Construction.--Nothing in this section may be 
     construed as creating a right for any alien to be represented 
     in any exclusion or deportation proceeding at the expense of 
     the Government.

     SEC. 150. LIMITATIONS ON RELIEF FROM EXCLUSION AND 
                   DEPORTATION.

       (a) Limitation.--Section 212(c) (8 U.S.C. 1182(c)) is 
     amended to read as follows:
       ``(c)(1) Subject to paragraphs (2) through (5), an alien 
     who is and has been lawfully admitted for permanent residence 
     for at least 5 years, who has resided in the United States 
     continuously for 7 years after having been lawfully admitted, 
     and who is returning to such residence after having 
     temporarily proceeded abroad voluntarily and not under an 
     order of deportation, may be admitted in the discretion of 
     the Attorney General without regard to the provisions of 
     subsection (a) (other than paragraphs (3) and (9)(C)).
       ``(2) For purposes of this subsection, any period of 
     continuous residence shall be deemed to end when the alien is 
     placed in proceedings to exclude or deport the alien from the 
     United States.
       ``(3) Nothing contained in this subsection shall limit the 
     authority of the Attorney General to exercise the discretion 
     authorized under section 211(b).
       ``(4) Paragraph (1) shall not apply to an alien who has 
     been convicted of one or more aggravated felonies and has 
     been sentenced for such felony or felonies to a term or terms 
     of imprisonment totalling, in the aggregate, at least 5 
     years.
       ``(5) This subsection shall apply only to an alien in 
     proceedings under section 236.''.
       (b) Cancellation of Deportation.--Section 244 (8 U.S.C. 
     1254) is amended to read as follows:


    ``cancellation of deportation; adjustment of status; voluntary 
                               departure

       ``Sec. 244. (a) Cancellation of Deportation.--(1) The 
     Attorney General may, in the Attorney General's discretion, 
     cancel deportation in the case of an alien who is deportable 
     from the United States and--
       ``(A) is, and has been for at least 5 years, a lawful 
     permanent resident; has resided in the United States 
     continuously for not less than 7 years after being lawfully 
     admitted; and has not been convicted of an aggravated felony 
     or felonies for which the alien has been sentenced to a term 
     or terms of imprisonment totaling, in the aggregate, at least 
     5 years;
       ``(B) has been physically present in the United States for 
     a continuous period of not less than 7 years since entering 
     the United States; has been a person of good moral character 
     during such period; and establishes that deportation would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child, who is a citizen or national of the 
     United States or an alien lawfully admitted for permanent 
     residence;
       ``(C) has been physically present in the United States for 
     a continuous period of not less than three years since 
     entering the United States; 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 who is 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); has been a person of 
     good moral character during all of such period in the United 
     States; and establishes that deportation would result in 
     extreme hardship to the alien or the alien's parent or child; 
     or
       ``(D) is deportable under paragraph (2) (A), (B), or (D), 
     or paragraph (3) of section 241(a); has been physically 
     present in the United States for a continuous period of not 
     less than 10 years immediately following the commission of an 
     act, or the assumption of a status, constituting a ground for 
     deportation, and proves that during all of such period he has 
     been a person of good moral character; and is a person whose 
     deportation would, in the opinion of the Attorney General, 
     result in exceptional and extremely unusual hardship to the 
     alien or to his spouse, parent, or child, who is a citizen of 
     the United States or an alien lawfully admitted for permanent 
     residence.
       ``(2)(A) For purposes of paragraph (1), any period of 
     continuous residence or continuous physical presence in the 
     United States shall be deemed to end when the alien is served 
     an order to show cause pursuant to section 242 or 242B.
       ``(B) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1) (B), (C), or (D) if the alien was absent 
     from the United States for any single period of more than 90 
     days or an aggregate period of more than 180 days.

[[Page S4742]]

       ``(C) A person who is deportable under section 241(a)(2)(C) 
     or 241(a)(4) shall not be eligible for relief under this 
     section.
       ``(D) A person who is deportable under section 241(a)(2) 
     (A), (B), or (D) or section 241(a)(3) shall not be eligible 
     for relief under paragraph (1) (B), or (D).
       ``(E) A person who has been convicted of an aggravated 
     felony shall not be eligible for relief under paragraph (1) 
     (B), or (C), (D).
       ``(F) A person who is deportable under section 241(a)(1)(G) 
     shall not be eligible for relief under paragraph (1)(C).
       ``(b) Continuous Physical Presence Not Required Because of 
     Honorable Service in Armed Forces and Presence Upon Entry 
     Into Service.--The requirements of continuous residence or 
     continuous physical presence in the United States specified 
     in subsection (a)(1) (A) and (B) shall not be applicable to 
     an alien who--
       ``(1) 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
       ``(2) at the time of his or her enlistment or induction, 
     was in the United States.
       ``(c) Adjustment of Status.--The Attorney General may 
     cancel deportation and adjust to the status of an alien 
     lawfully admitted for permanent residence any alien who the 
     Attorney General determines meets the requirements of 
     subsection (a)(1) (B), (C), or (D). The Attorney General 
     shall record the alien's lawful admission for permanent 
     residence as of the date the Attorney General decides to 
     cancel such alien's removal.
       ``(d) Alien Crewmen; Nonimmigrant Exchange Aliens Admitted 
     To Receive Graduate Medical Education or Training; Other.--
     The provisions of subsection (a) shall not apply to an alien 
     who--
       ``(1) entered the United States as a crewman after June 30, 
     1964;
       ``(2) was admitted to the United States as a nonimmigrant 
     alien described in section 101(a)(15)(J), or has acquired the 
     status of such a nonimmigrant alien after admission, in order 
     to receive graduate medical education or training, without 
     regard to whether or not the alien is subject to or has 
     fulfilled the two-year foreign residence requirement of 
     section 212(e); or
       ``(3)(A) was admitted to the United States as a 
     nonimmigrant alien described in section 101(a)(15)(J), or has 
     acquired the status of such a nonimmigrant alien after 
     admission, other than to receive graduate medical education 
     or training;
       ``(B) is subject to the two-year foreign residence 
     requirement of section 212(e); and
       ``(C) has not fulfilled that requirement or received a 
     waiver thereof, or, in the case of a foreign medical graduate 
     who has received a waiver pursuant to section 220 of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (Public Law 103-416), has not fulfilled the requirements of 
     section 214(k).
       ``(e) Voluntary Departure.--(1)(A) The Attorney General may 
     permit an alien voluntarily to depart the United States at 
     the alien's own expense--
       ``(i) in lieu of being subject to deportation proceedings 
     under section 242 or prior to the completion of such 
     proceedings, if the alien is not a person deportable under 
     section 241(a)(2)(A)(iii) or section 241(a)(4); or
       ``(ii) after the completion of deportation proceedings 
     under section 242, only if a special inquiry officer 
     determines that--
       ``(I) the alien is, and has been for at least 5 years 
     immediately preceding the alien's application for voluntary 
     departure, a person of good moral character;
       ``(II) the alien is not deportable under section 
     241(a)(2)(A)(iii) or section 241(a)(4); and
       ``(III) the alien establishes by clear and convincing 
     evidence that the alien has the means to depart the United 
     States and intends to do so.
       ``(B)(i) In the case of departure pursuant to subparagraph 
     (A)(i), the Attorney General may require the alien to post a 
     voluntary departure bond, to be surrendered upon proof that 
     the alien has departed the United States within the time 
     specified.
       ``(ii) If any alien who is authorized to depart voluntarily 
     under this paragraph is financially unable to depart at the 
     alien's own expense and the Attorney General deems the 
     alien's removal to be in the best interest of the United 
     States, the expense of such removal may be paid from the 
     appropriation for enforcement of this Act.
       ``(C) In the case of departure pursuant to subparagraph 
     (A)(ii), the alien shall be required to post a voluntary 
     departure bond, in an amount necessary to ensure that the 
     alien will depart, to be surrendered upon proof that the 
     alien has departed the United States within the time 
     specified.
       ``(2) If the alien fails voluntarily to depart the United 
     States within the time period specified in accordance with 
     paragraph (1), the alien shall be subject to a civil penalty 
     of not more than $500 per day and shall be ineligible for any 
     further relief under this subsection or subsection (a).
       ``(3)(A) The Attorney General may by regulation limit 
     eligibility for voluntary departure for any class or classes 
     of aliens.
       ``(B) No court may review any regulation issued under 
     subparagraph (A).
       ``(4) No court shall have jurisdiction over an appeal from 
     denial of a request for an order of voluntary departure under 
     paragraph (1), nor shall any court order a stay of an alien's 
     removal pending consideration of any claim with respect to 
     voluntary departure.''.
       (c) Conforming Amendments.--(1) Section 242(b) (8 U.S.C. 
     1252(b)) is amended by striking the last two sentences.
       (2) Section 242B (8 U.S.C. 1252b) is amended--
       (A) in subsection (e)(2), by striking ``section 244(e)(1)'' 
     and inserting ``section 244(e)''; and
       (B) in subsection (e)(5)--
       (i) by striking ``suspension of deportation'' and inserting 
     ``cancellation of deportation''; and
       (ii) by inserting ``244,'' before ``245''.
       (d) Amendment to the Table of Contents.--The table of 
     contents of the Act is amended by amending the item relating 
     to section 244 to read as follows:

``Sec. 244. Cancellation of deportation; adjustment of status; 
              voluntary departure.''.

       (e) Effective Dates.--(1) The amendments made by subsection 
     (a) shall take effect on the date of the enactment of this 
     Act, and shall apply to all applications for relief under 
     section 212(c) of the Immigration and Nationality Act (8 
     U.S.C. 1182(c)), except that, for purposes of determining the 
     period of continuous residence, the amendments made by 
     subsection (a) shall apply to all aliens against whom 
     proceedings are commenced on or after the date of the 
     enactment of this Act.
       (2) The amendments made by subsection (b) shall take effect 
     on the date of the enactment of this Act, and shall apply to 
     all applications for relief under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254), except that, 
     for purposes of determining the periods of continuous 
     residence or continuous physical presence, the amendments 
     made by subsection (b) shall apply to all aliens upon whom an 
     order to show cause is served on or after the date of the 
     enactment of this Act.
       (3) The amendments made by subsection (c) shall take effect 
     on the date of the enactment of this Act.

     SEC. 151. ALIEN STOWAWAYS.

       (a) Definition.--Section 101(a) (8 U.S.C. 1101) 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) Excludability.--Section 237 (8 U.S.C. 1227) is 
     amended--
       (1) in subsection (a)(1), before the period at the end of 
     the first sentence, by inserting the following: ``, or unless 
     the alien is an excluded stowaway who has applied for asylum 
     or withholding of deportation and whose application has not 
     been adjudicated or whose application has been denied but who 
     has not exhausted every appeal right''; and
       (2) by inserting after the first sentence in subsection 
     (a)(1) the following new sentences: ``Any alien stowaway 
     inspected upon arrival in the United States is an alien who 
     is excluded within the meaning of this section. For purposes 
     of this section, the term `alien' includes an excluded 
     stowaway. The provisions of this section concerning the 
     deportation of an excluded alien shall apply to the 
     deportation of a stowaway under section 273(d).''.
       (c) Carrier Liability for Costs of Detention.--Section 
     273(d) (8 U.S.C. 1323(d)) is amended to read as follows:
       ``(d)(1) It shall be the duty of the owner, charterer, 
     agent, consignee, commanding officer, or master of any vessel 
     or aircraft arriving at the United States from any place 
     outside the United States to detain on board or at such other 
     place as may be designated by an immigration officer any 
     alien stowaway until such stowaway has been inspected by an 
     immigration officer.
       ``(2) Upon inspection of an alien stowaway by an 
     immigration officer, the Attorney General may by regulation 
     take immediate custody of any stowaway and shall charge the 
     owner, charterer, agent, consignee, commanding officer, or 
     master of the vessel or aircraft on which the stowaway has 
     arrived the costs of detaining the stowaway.
       ``(3) It shall be the duty of the owner, charterer, agent, 
     consignee, commanding officer, or master of any vessel or 
     aircraft arriving at the United States from any place outside 
     the United States to deport any alien stowaway on the vessel 
     or aircraft on which such stowaway arrived or on another 
     vessel or aircraft at the expense of the vessel or aircraft 
     on which such stowaway arrived when required to do so by an 
     immigration officer.
       ``(4) Any person who fails to comply with paragraph (1) or 
     (3), shall be subject to a fine of $5,000 for each alien for 
     each failure to comply, payable to the Commissioner. The 
     Commissioner shall deposit amounts received under this 
     paragraph as offsetting collections to the applicable 
     appropriations account of the Service. Pending final 
     determination of liability for such fine, no such vessel or 
     aircraft shall be granted clearance, except that clearance 
     may be granted upon the deposit of a sum sufficient to cover 
     such fine, or of a bond with sufficient surety to secure the 
     payment thereof approved by the Commissioner.
       ``(5) An alien stowaway inspected upon arrival shall be 
     considered an excluded alien under this Act.
       ``(6) The provisions of section 235 for detention of aliens 
     for examination before a special inquiry officer and the 
     right of appeal provided for in section 236 shall not apply 
     to aliens who arrive as stowaways, and no such aliens shall 
     be permitted to land in the United States, except temporarily 
     for medical treatment, or pursuant to such regulations as the 
     Attorney General may prescribe for the departure, removal, or 
     deportation of such alien from the United States.
       ``(7) A stowaway may apply for asylum under section 208 or 
     withholding of deportation under section 243(h), pursuant to 
     such regulations as the Attorney General may establish.''.

[[Page S4743]]

     SEC. 152. PILOT PROGRAM ON INTERIOR REPATRIATION AND OTHER 
                   METHODS TO DETER MULTIPLE UNLAWFUL ENTRIES.

       (a) Establishment.--Not later than 180 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 two years which provides for methods 
     to deter multiple unlawful 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 unlawful entries into the 
     United States.
       (b) Report.--Not later than 35 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. 153. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR 
                   THE DETENTION OF EXCLUDABLE OR DEPORTABLE 
                   ALIENS.

       (a) Establishment.--The Attorney General and the Secretary 
     of Defense shall jointly establish a pilot program for up to 
     two years to determine the feasibility of the use of military 
     bases available through the defense base realignment and 
     closure process as detention centers for the Immigration and 
     Naturalization Service.
       (b) Report.--Not later than 35 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, the Committee on National Security of the 
     House of Representatives, and the Committee on Armed Services 
     of the Senate, on the feasibility of using military bases 
     closed through the defense base realignment and closure 
     process as detention centers by the Immigration and 
     Naturalization Service.

     SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.

       Section 234 (8 U.S.C. 1224) is amended to read as follows:


                   ``PHYSICAL AND MENTAL EXAMINATIONS

       ``Sec. 234. (a) Aliens Covered.--Each alien within any of 
     the following classes of aliens who is seeking entry into the 
     United States shall undergo a physical and mental examination 
     in accordance with this section:
       ``(1) Aliens applying for visas for admission to the United 
     States for permanent residence.
       ``(2) Aliens seeking admission to the United States for 
     permanent residence for whom examinations were not made under 
     paragraph (1).
       ``(3) Aliens within the United States seeking adjustment of 
     status under section 245 to that of aliens lawfully admitted 
     to the United States for permanent residence.
       ``(4) Alien crewmen entering or in transit across the 
     United States.
       ``(b) Description of Examination.--(1) Each examination 
     required by subsection (a) shall include--
       ``(A) an examination of the alien for any physical or 
     mental defect or disease and a certification of medical 
     findings made in accordance with subsection (d); and
       ``(B) an assessment of the vaccination record of the alien 
     in accordance with subsection (e).
       ``(2) The Secretary of Health and Human Services shall 
     prescribe such regulations as may be necessary to carry out 
     the medical examinations required by subsection (a).
       ``(c) Medical Examiners.--
       ``(1) Medical officers.--(A) Except as provided in 
     paragraphs (2) and (3), examinations under this section shall 
     be conducted by medical officers of the United States Public 
     Health Services.
       ``(B) Medical officers of the United States Public Health 
     Service who have had specialized training in the diagnosis of 
     insanity and mental defects shall be detailed for duty or 
     employed at such ports of entry as the Secretary may 
     designate, in consultation with the Attorney General.
       ``(2) Civil surgeons.--(A) Whenever medical officers of the 
     United States Public Health Service are not available to 
     perform examinations under this section, the Attorney 
     General, in consultation with the Secretary, shall designate 
     civil surgeons to perform the examinations.
       ``(B) Each civil surgeon designated under subparagraph (A) 
     shall--
       ``(i) have at least 4 years of professional experience 
     unless the Secretary determines that special or extenuating 
     circumstances justify the designation of an individual having 
     a lesser amount of professional experience; and
       ``(ii) satisfy such other eligibility requirements as the 
     Secretary may prescribe.
       ``(3) Panel physicians.--In the case of examinations under 
     this section abroad, the medical examiner shall be a panel 
     physician designated by the Secretary of State, in 
     consultation with the Secretary.
       ``(d) Certification of Medical Findings.--The medical 
     examiners shall certify for the information of immigration 
     officers and special inquiry officers, or consular officers, 
     as the case may be, any physical or mental defect or disease 
     observed by such examiners in any such alien.
       ``(e) Vaccination Assessment.--(1) The assessment referred 
     to in subsection (b)(1)(B) is an assessment of the alien's 
     record of required vaccines for preventable diseases, 
     including mumps, measles, rubella, polio, tetanus, diphtheria 
     toxoids, pertussis, hemophilus-influenza type B, hepatitis 
     type B, as well as any other diseases specified as vaccine-
     preventable by the Advisory Committee on Immunization 
     Practices.
       ``(2) Medical examiners shall educate aliens on the 
     importance of immunizations and shall create an immunization 
     record for the alien at the time of examination.
       ``(3)(A) Each alien who has not been vaccinated against 
     measles, and each alien under the age of 5 years who has not 
     been vaccinated against polio, must receive such vaccination, 
     unless waived by the Secretary, and must receive any other 
     vaccination determined necessary by the Secretary prior to 
     arrival in the United States.
       ``(B) Aliens who have not received the entire series of 
     vaccinations prescribed in paragraph (1) (other than measles) 
     shall return to a designated civil surgeon within 30 days of 
     arrival in the United States, or within 30 days of adjustment 
     of status, for the remainder of the vaccinations.
       ``(f) Appeal of Medical Examination Findings.--Any alien 
     determined to have a health-related grounds of exclusion 
     under paragraph (1) of section 212(a) may appeal that 
     determination to a board of medical officers of the Public 
     Health Service, which shall be convened by the Secretary. The 
     alien may introduce at least one expert medical witness 
     before the board at his or her own cost and expense.
       ``(g) Funding.--(1)(A) The Attorney General shall impose a 
     fee upon any person applying for adjustment of status to that 
     of an alien lawfully admitted to permanent residence under 
     section 209, 210, 245, or 245A, and the Secretary of State 
     shall impose a fee upon any person applying for a visa at a 
     United States consulate abroad who is required to have a 
     medical examination in accordance with subsection (a).
       ``(B) The amounts of the fees required by subparagraph (A) 
     shall be established by the Secretary, in consultation with 
     the Attorney General and the Secretary of State, as the case 
     may be, and shall be set at such amounts as may be necessary 
     to recover the full costs of establishing and administering 
     the civil surgeon and panel physician programs, including the 
     costs to the Service, the Department of State, and the 
     Department of Health and Human Services for any additional 
     expenditures associated with the administration of the fees 
     collected.
       ``(2)(A) The fees imposed under paragraph (1) may be 
     collected as separate fees or as surcharges to any other fees 
     that may be collected in connection with an application for 
     adjustment of status under section 209, 210, 245, or 245A, 
     for a visa, or for a waiver of excludability under paragraph 
     (1) or (2) of section 212(g), as the case may be.
       ``(B) The provisions of the Act of August 18, 1856 (Revised 
     Statutes 1726-28, 22 U.S.C. 4212-14), concerning accounting 
     for consular fees, shall not apply to fees collected by the 
     Secretary of State under this section.
       ``(3)(A) There is established on the books of the Treasury 
     of the United States a separate account which shall be known 
     as the `Medical Examinations Fee Account'.
       ``(B) There shall be deposited as offsetting receipts into 
     the Medical Examinations Fee Account all fees collected under 
     paragraph (1), to remain available until expended.
       ``(C) Amounts in the Medical Examinations Fee Account shall 
     be available only to reimburse any appropriation currently 
     available for the programs established by this section.
       ``(h) Definitions.--As used in this section--
       ``(1) the term `medical examiner' refers to a medical 
     officer, civil surgeon, or panel physician, as described in 
     subsection (c); and
       ``(2) the term `Secretary' means the Secretary of Health 
     and Human Services.''.

     SEC. 155. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE 
                   WORKERS.

       (a) In General.--Section 212(a) (8 U.S.C. 1182(a)) is 
     amended--
       (1) by redesignating paragraph (9) as paragraph (10); and
       (2) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) Uncertified foreign health-care workers.--(A) 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 excludable unless the alien presents to the 
     consular officer, or, in the case of an adjustment of status, 
     the Attorney General, a certificate from the Commission on 
     Graduates of Foreign Nursing Schools, or a certificate from 
     an equivalent independent credentialing organization approved 
     by the Attorney General in consultation with the Secretary of 
     Health and Human Services, verifying that--
       ``(i) the alien's education, training, license, and 
     experience--
       ``(I) meet all applicable statutory and regulatory 
     requirements for entry into the United States under the 
     classification specified in the application;
       ``(II) are comparable with that required for an American 
     health-care worker of the same type; and
       ``(III) are authentic and, in the case of a license, 
     unencumbered;
       ``(ii) the alien has the level of competence in oral and 
     written English considered by the Secretary of Health and 
     Human Services, in consultation with the Secretary of 
     Education, to be appropriate for health care work of the kind 
     in which the alien will be engaged, as shown by an 
     appropriate score on one or more nationally recognized, 
     commercially available, standardized assessments of the 
     applicant's ability to speak and write; and
       ``(iii) if a majority of States licensing the profession in 
     which the alien intends to work recognize a test predicting 
     the success on the profession's licensing and certification 
     examination, the alien has passed such a test.
       ``(B) For purposes of subparagraph (A)(ii), determination 
     of the standardized tests required and of the minimum scores 
     that are appropriate are within the sole discretion of the 
     Secretary of Health and Human Services and are not subject to 
     further administrative or judicial review.''.
       (b) Conforming Amendments.--
       (1) Section 101(f)(3) is amended by striking ``(9)(A) of 
     section 212(a)'' and inserting ``(10)(A) of section 212(a)''.

[[Page S4744]]

       (2) Section 212(c) is amended by striking ``(9)(C)'' and 
     inserting ``(10)(C)''.

     SEC. 156. INCREASED BAR TO REENTRY FOR ALIENS PREVIOUSLY 
                   REMOVED.

       (a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``one year'' and inserting ``five years''; 
     and
       (B) by inserting ``, or within 20 years of the date of any 
     second or subsequent deportation,'' after ``deportation'';
       (2) in subparagraph (B)--
       (A) by redesignating clauses (ii), (iii), and (iv) as 
     clauses (iii), (iv), and (v), respectively;
       (B) by inserting after clause (i) the following new clause;
       ``(ii) has departed the United States while an order of 
     deportation is outstanding,'';
       (C) by striking ``or'' after ``removal,''; and
       (D) by inserting ``or (c) who seeks admission within 20 
     years of a second or subsequent deportation or removal,'' 
     after ``felony,''.
       (b) Reentry of Deported Alien.--Section 276(a)(1) (8 U.S.C. 
     1326(a)(1)) is amended to read as follows:
       ``(1) has been arrested and deported, has been excluded and 
     deported, or has departed the United States while an order of 
     exclusion or deportation is outstanding, and thereafter''.

     SEC. 157. ELIMINATION OF CONSULATE SHOPPING FOR VISA 
                   OVERSTAYS.

       (a) In General.--Section 222 (8 U.S.C. 1202) is amended by 
     adding at the end the following new subsection:
       ``(g)(1) In the case of an alien who has entered and 
     remained in the United States beyond the authorized period of 
     stay, the alien's nonimmigrant visa shall thereafter be 
     invalid for reentry into the United States.
       ``(2) An alien described in paragraph (1) shall be 
     ineligible to be readmitted to the United States as a 
     nonimmigrant subsequent to the expiration of the alien's 
     authorized period of stay, except--
       ``(A) on the basis of a visa issued in a consular office 
     located in the country of the alien's nationality (or, if 
     there is no office in such country, in such other consular 
     office as the Secretary of State shall specify); or
       ``(B) where extraordinary circumstances are found by the 
     Secretary of State to exist.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to visas issued before, on, or after the date of 
     the enactment of this Act.

     SEC. 158. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE UNITED 
                   STATES.

       Section 212(a)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(B)), is amended--
       (1) by striking ``or'' at the end of clause (i)(I);
       (2) in clause (i)(II), by inserting ``or'' at the end; and
       (3) by inserting after clause (i)(II) the following new 
     subclause:

       ``(III) has, under circumstances indicating an intention to 
     cause death or serious bodily harm, incited terrorism, 
     engaged in targeted racial vilification, or advocated the 
     overthrow of the United States Government or death or serious 
     bodily harm to any United States citizen or United States 
     Government official,''.

     SEC. 159. CONFORMING AMENDMENT TO WITHHOLDING OF DEPORTATION.

       Section 243(h) (8 U.S.C. 1253(h)) is amended by adding at 
     the end the following new paragraph:
       ``(3) The Attorney General may refrain from deporting any 
     alien if the Attorney General determines that--
       ``(A) such alien's life or freedom would be threatened, in 
     the country to which such alien would be deported or 
     returned, on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion, and
       ``(B) deporting such alien would violate the 1967 United 
     Nations Protocol relating to the Status of Refugees.''.

                        PART 5--CRIMINAL ALIENS

     SEC. 161. AMENDED DEFINITION OF AGGRAVATED FELONY.

       (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) 
     is amended--
       (1) in subparagraph (D), by striking ``$100,000'' and 
     inserting ``$10,000'';
       (2) in subparagraphs (F), (G), and (O), by striking ``is at 
     least 5 years'' each place it appears and inserting ``at 
     least one year'';
       (3) in subparagraph (J)--
       (A) by striking ``sentence of 5 years' imprisonment'' and 
     inserting ``sentence of one year imprisonment''; and
       (B) by striking ``offense described'' and inserting 
     ``offense described in section 1084 of title 18 (if it is a 
     second or subsequent offense), section 1955 of such title 
     (relating to gambling offenses), or'';
       (4) in subparagraph (K)--
       (A) by striking ``or'' at the end of clause (i);
       (B) by adding ``or'' at the end of clause (ii); and
       (C) by adding at the end the following new clause:
       ``(iii) is described in section 2421, 2422, or 2423 of 
     title 18, United States Code (relating to transportation for 
     the purpose of prostitution), if committed for commercial 
     advantage.'';
       (5) in subparagraph (L)--
       (A) by striking ``or'' at the end of clause (i);
       (B) by inserting ``or'' at the end of clause (ii); and
       (C) by adding at the end the following new clause:
       ``(iii) section 601 of the National Security Act of 1947 
     (relating to protecting the identity of undercover agents)'';
       (6) in subparagraph (M), by striking ``$200,000'' each 
     place it appears and inserting ``$10,000'';
       (7) in subparagraph (N)--
       (A) by striking ``of title 18, United States Code''; and
       (B) by striking ``for the purpose of commercial advantage'' 
     and inserting the following: ``, except, for a first offense, 
     if the alien has affirmatively shown that the alien committed 
     the offense for the purpose of assisting, abetting, or aiding 
     only the alien's spouse, child, or parent (and no other 
     individual) to violate a provision of this Act'';
       (8) in subparagraph (O), by striking ``which constitutes'' 
     and all that follows up to the semicolon at the end and 
     inserting the following: ``, except, for a first offense, if 
     the alien has affirmatively shown that the alien committed 
     the offense for the purpose of assisting, abetting, or aiding 
     only the alien's spouse, child, or parent (and no other 
     individual) to violate a provision of this Act'';
       (9) by redesignating subparagraphs (P) and (Q) as 
     subparagraphs (R) and (S), respectively;
       (10) by inserting after subparagraph (O) the following new 
     subparagraphs:
       ``(P) any offense relating to commercial bribery, 
     counterfeiting, forgery, or trafficking in vehicles whose 
     identification numbers have been altered for which the term 
     of imprisonment imposed (regardless of any suspension of 
     imprisonment) is at least one year;
       ``(Q) any offense relating to perjury or subornation of 
     perjury for which the term of imprisonment imposed 
     (regardless of any suspension of imprisonment) is at least 
     one year;'' and
       (11) in subparagraph (R) (as redesignated), by striking 
     ``15'' and inserting ``5''.
       (b) Effective Date of Definition.--Section 101(a)(43) (8 
     U.S.C. 1101(a)(43)) is amended by adding at the end the 
     following new sentence: ``Notwithstanding any other provision 
     of law, the term applies regardless of whether the conviction 
     was entered before, on, or after the date of enactment of 
     this paragraph, except that, for purposes of section 
     242(f)(2), the term has the same meaning as was in effect 
     under this paragraph on the date the offense was 
     committed.''.
       (c) Application to Withholding of Deportation.--Section 
     243(h) (8 U.S.C. 1253(h)), as amended by section 159 of this 
     Act, is further amended in paragraph (2) by striking the last 
     sentence and inserting the following: ``For purposes of 
     subparagraph (B), an alien shall be considered to have 
     committed a particularly serious crime if such alien has been 
     convicted of one or more of the following:
       ``(1) An aggravated felony, or attempt or conspiracy to 
     commit an aggravated felony, for which the term of 
     imprisonment imposed (regardless of any suspension of 
     imprisonment) is at least one year.
       ``(2) An offense described in subparagraph (A), (B), (C), 
     (E), (H), (I), (J), (L), or subparagraph (K)(ii), of section 
     101(a)(43), or an attempt or conspiracy to commit an offense 
     described in one or more of such subparagraphs.''.

     SEC. 162. INELIGIBILITY OF AGGRAVATED FELONS FOR ADJUSTMENT 
                   OF STATUS.

       Section 244(c) (8 U.S.C. 1254(c)), as amended by section 
     150 of this Act, is further amended by adding at the end the 
     following new sentence: ``No person who has been convicted of 
     an aggravated felony shall be eligible for relief under this 
     subsection.''.

     SEC. 163. EXPEDITIOUS DEPORTATION CREATES NO ENFORCEABLE 
                   RIGHT FOR AGGRAVATED FELONS.

       Section 225 of the Immigration and Nationality Technical 
     Corrections Act of 1994 (Public Law 103-416) is amended by 
     striking ``section 242(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1252(i))'' and inserting ``sections 242(i) or 
     242A of the Immigration and Nationality Act (8 U.S.C. 1252(i) 
     or 1252a)''.

     SEC. 164. CUSTODY OF ALIENS CONVICTED OF AGGRAVATED FELONIES.

       (a) Exclusion and Deportation.--Section 236 (8 U.S.C. 1226) 
     is amended in subsection (e)(2) by inserting after ``unless'' 
     the following: ``(A) the Attorney General determines, 
     pursuant to section 3521 of title 18, United States Code, 
     that release from custody is necessary to provide protection 
     to a witness, a potential witness, a person cooperating with 
     an investigation into major criminal activity, or an 
     immediate family member or close associate of a witness, 
     potential witness, or person cooperating with such an 
     investigation, and that after such release the alien would 
     not be a threat to the community, or (B)''.
       (b) Custody Upon Release From Incarceration.--Section 
     242(a)(2) (8 U.S.C. 1252(a)(2)) is amended to read as 
     follows:
       ``(2)(A) The Attorney General shall take into custody any 
     specially deportable criminal alien upon release of the alien 
     from incarceration and shall deport the alien as 
     expeditiously as possible. Notwithstanding any other 
     provision of law, the Attorney General shall not release such 
     felon from custody.
       ``(B) The Attorney General shall have sole and unreviewable 
     discretion to waive subparagraph (A) for aliens who are 
     cooperating with law enforcement authorities or for purposes 
     of national security.''.
       (c) Period in Which To Effect Alien's Departure.--Section 
     242(c) is amended--
       (1) in the first sentence--
       (A) by striking ``(c)'' and inserting ``(c)(1)''; and
       (B) by inserting ``(other than an alien described in 
     paragraph (2))''; and
       (2) by adding at the end the following new paragraphs:
       ``(2)(A) When a final order of deportation is made against 
     any specially deportable criminal alien, the Attorney General 
     shall have a period of 30 days from the later of--
       ``(i) the date of such order, or
       ``(ii) the alien's release from incarceration,

     within which to effect the alien's departure from the United 
     States.
       ``(B) The Attorney General shall have sole and unreviewable 
     discretion to waive subparagraph (A) for aliens who are 
     cooperating with

[[Page S4745]]

     law enforcement authorities or for purposes of national 
     security.
       ``(3) Nothing in this subsection shall be construed as 
     providing a right enforceable by or on behalf of any alien to 
     be released from custody or to challenge the alien's 
     deportation.''.
       (d) Criminal Penalty for Unlawful Reentry.--Section 242(f) 
     of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is 
     amended--
       (1) by inserting ``(1)'' immediately after ``(f)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Any alien who has unlawfully reentered or is found in 
     the United States after having previously been deported 
     subsequent to a conviction for any criminal offense covered 
     in section 241(a)(2) (A)(iii), (B), (C), or (D), or two or 
     more offenses described in clause (ii) of section 
     241(a)(2)(A), at least two of which resulted in a sentence or 
     confinement described in section 241(a)(2)(A)(i)(II), shall, 
     in addition to the punishment provided for any other crime, 
     be punished by imprisonment of not less than 15 years.''.
       (e) Definition.--Section 242 (8 U.S.C. 1252) is amended by 
     adding at the end the following new subsection:
       ``(k) For purposes of this section, the term `specially 
     deportable criminal alien' means any alien convicted of an 
     offense described in subparagraph (A)(iii), (B), (C), or (D) 
     of section 241(a)(2), or two or more offenses described in 
     section 241(a)(2)(A)(ii), at least two of which resulted in a 
     sentence or confinement described in section 
     241(a)(2)(A)(i)(II).''.

     SEC. 165. JUDICIAL DEPORTATION.

       (a) In General.--Section 242A (8 U.S.C. 1252a(d)) is 
     amended--
       (1) by redesignating subsection (d) as subsection (c); and
       (2) in subsection (c), as redesignated--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Authority.--Notwithstanding any other provision of 
     this Act, a United States district court shall have 
     jurisdiction to enter a judicial order of deportation at the 
     time of sentencing against an alien--
       ``(A) whose criminal conviction causes such alien to be 
     deportable under section 241(a)(2)(A)(iii) (relating to 
     conviction of an aggravated felony);
       ``(B) who has at any time been convicted of a violation of 
     section 276 (a) or (b) (relating to reentry of a deported 
     alien);
       ``(C) who has at any time been convicted of a violation of 
     section 275 (relating to entry of an alien at an improper 
     time or place and to misrepresentation and concealment of 
     facts); or
       ``(D) who is otherwise deportable pursuant to any of the 
     paragraphs (1) through (5) of section 241(a).

     A United States Magistrate shall have jurisdiction to enter a 
     judicial order of deportation at the time of sentencing where 
     the alien has been convicted of a misdemeanor offense and the 
     alien is deportable under this Act.''; and
       (B) by adding at the end the following new paragraphs:
       ``(5) State court finding of deportability.--(A) On motion 
     of the prosecution or on the court's own motion, any State 
     court with jurisdiction to enter judgments in criminal cases 
     is authorized to make a finding that the defendant is 
     deportable as a specially deportable criminal alien (as 
     defined in section 242(k)).
       ``(B) The finding of deportability under subparagraph (A), 
     when incorporated in a final judgment of conviction, shall 
     for all purposes be conclusive on the alien and may not be 
     reexamined by any agency or court, whether by habeas corpus 
     or otherwise. The court shall notify the Attorney General of 
     any finding of deportability.
       ``(6) Stipulated judicial order of deportation.--The United 
     States Attorney, with the concurrence of the Commissioner, 
     may, pursuant to Federal Rule of Criminal Procedure 11, enter 
     into a plea agreement which calls for the alien, who is 
     deportable under this Act, to waive the right to notice and a 
     hearing under this section, and stipulate to the entry of a 
     judicial order of deportation from the United States as a 
     condition of the plea agreement or as a condition of 
     probation or supervised release, or both. The United States 
     District Court, in both felony and misdemeanor cases, and the 
     United States Magistrate Court in misdemeanors cases, may 
     accept such a stipulation and shall have jurisdiction to 
     enter a judicial order of deportation pursuant to the terms 
     of such stipulation.''.
       (b) Conforming Amendments.--(1) Section 512 of the 
     Immigration Act of 1990 is amended by striking ``242A(d)'' 
     and inserting ``242A(c)''.
       (2) Section 130007(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) is amended by 
     striking ``242A(d)'' and inserting ``242A(c)''.

     SEC. 166. STIPULATED EXCLUSION OR DEPORTATION.

       (a) Exclusion and Deportation.--Section 236 (8 U.S.C. 1226) 
     is amended by adding at the end the following new subsection:
       ``(f) The Attorney General shall provide by regulation for 
     the entry by a special inquiry officer of an order of 
     exclusion and deportation stipulated to by the alien and the 
     Service. Such an order may be entered without a personal 
     appearance by the alien before the special inquiry officer. A 
     stipulated order shall constitute a conclusive determination 
     of the alien's excludability and deportability from the 
     United States.''.
       (b) Apprehension and Deportation.--Section 242 (8 U.S.C. 
     1252) is amended in subsection (b)--
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (2) by inserting ``(1)'' immediately after ``(b)'';
       (3) by striking the sentence beginning with ``Except as 
     provided in section 242A(d)'' and inserting the following:
       ``(2) The Attorney General shall further provide by 
     regulation for the entry by a special inquiry officer of an 
     order of deportation stipulated to by the alien and the 
     Service. Such an order may be entered without a personal 
     appearance by the alien before the special inquiry officer. A 
     stipulated order shall constitute a conclusive determination 
     of the alien's deportability from the United States.
       ``(3) The procedures prescribed in this subsection and in 
     section 242A(c) shall be the sole and exclusive procedures 
     for determining the deportability of an alien.''; and
       (4) by redesignating the tenth sentence as paragraph (4); 
     and
       (5) by redesignating the eleventh and twelfth sentences as 
     paragraph (5).
       (c) Conforming Amendments.--(1) Section 106(a) is amended 
     by striking ``section 242(b)'' and inserting ``section 
     242(b)(1)''.
       (2) Section 212(a)(6)(B)(iv) is amended by striking 
     ``section 242(b)'' and inserting ``section 242(b)(1)''.
       (3) Section 242(a)(1) is amended by striking ``subsection 
     (b)'' and inserting ``subsection (b)(1)''.
       (4) Section 242A(b)(1) is amended by striking ``section 
     242(b)'' and inserting ``section 242(b)(1)''.
       (5) Section 242A(c)(2)(D)(ii), as redesignated by section 
     165 of this Act, is amended by striking ``section 242(b)'' 
     and inserting ``section 242(b)(1)''.
       (6) Section 4113(a) of title 18, United States Code, is 
     amended by striking ``section 1252(b)'' and inserting 
     ``section 1252(b)(1)''.
       (7) Section 1821(e) of title 28, United States Code, is 
     amended by striking ``section 242(b) of such Act (8 U.S.C. 
     1252(b))'' and inserting ``section 242(b)(1) of such Act (8 
     U.S.C. 1252(b)(1))''.
       (8) Section 242B(c)(1) is amended by striking ``section 
     242(b)(1)'' and inserting ``section 242(b)(4)''.
       (9) Section 242B(e)(2)(A) is amended by striking ``section 
     242(b)(1)'' and inserting ``section 242(b)(4)''.
       (10) Section 242B(e)(5)(A) is amended by striking ``section 
     242(b)(1)'' and inserting ``section 242(b)(4)''.

     SEC. 167. DEPORTATION AS A CONDITION OF PROBATION.

       Section 3563(b) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of paragraph (21);
       (2) by striking the period at the end of paragraph (22) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(23) be ordered deported by a United States District 
     Court, or United States Magistrate Court, pursuant to a 
     stipulation entered into by the defendant and the United 
     States under section 242A(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1252a(c)), except that, in the 
     absence of a stipulation, the United States District Court or 
     the United States Magistrate Court, may order deportation as 
     a condition of probation, if, after notice and hearing 
     pursuant to section 242A(c) of the Immigration and 
     Nationality Act, the Attorney General demonstrates by clear 
     and convincing evidence that the alien is deportable.''.

     SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS.

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

     SEC. 169. UNDERCOVER INVESTIGATION AUTHORITY.

       (a) Authorities.--(1) In order to conduct any undercover 
     investigative operation of the Immigration and Naturalization 
     Service which is necessary for the detection and prosecution 
     of crimes against the United States, the Service is 
     authorized--
       (A) to lease space within the United States, the District 
     of Columbia, and the territories and possessions of the 
     United States without regard to section 3679(a) of the 
     Revised Statutes (31 U.S.C. 1341), section 3732(a) of the 
     Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of 
     June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third 
     undesignated paragraph under the heading ``Miscellaneous'' of 
     the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), 
     section 3648 of the Revised Statutes (31 U.S.C. 3324), 
     section 3741 of the Revised Statutes (41 U.S.C. 22), and 
     subsections (a) and (c) of section 304 of the Federal 
     Property and Administrative Services Act of 1949 (63 Stat. 
     395; 41 U.S.C. 254 (a) and (c));
       (B) 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);
       (C) to deposit funds, including the proceeds from such 
     undercover operation, in banks or other financial 
     institutions without regard to

[[Page S4746]]

     the provisions of section 648 of title 18 of the United 
     States Code, and section 3639 of the Revised Statutes (31 
     U.S.C. 3302); and
       (D) to use the proceeds from such undercover operations to 
     offset necessary and reasonable expenses incurred in such 
     operations without regard to the provisions of section 3617 
     of the Revised Statutes (31 U.S.C. 3302).
       (2) The authorization set forth in paragraph (1) may be 
     exercised only upon written certification of the Commissioner 
     of the Immigration and Naturalization Service, in 
     consultation with the Deputy Attorney General, that any 
     action authorized by paragraph (1) (A), (B), (C), or (D) is 
     necessary for the conduct of such undercover operation.
       (b) Unused Funds.--As soon as practicable after the 
     proceeds from an undercover investigative operation, carried 
     out under paragraph (1) (C) or (D) of subsection (a), are no 
     longer necessary for the conduct of such operation, such 
     proceeds or the balance of such proceeds remaining at the 
     time shall be deposited into the Treasury of the United 
     States as miscellaneous receipts.
       (c) Report.--If a corporation or business entity 
     established or acquired as part of an undercover operation 
     under subsection (a)(1)(B) with a net value of over $50,000 
     is to be liquidated, sold, or otherwise disposed of, the 
     Immigration and Naturalization Service, as much in advance as 
     the Commissioner or his or her designee determine 
     practicable, shall report the circumstances to the Attorney 
     General, the Director of the Office of Management and Budget, 
     and the Comptroller General of the United States. 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) Audits.--The Immigration and Naturalization Service 
     shall conduct detailed financial audits of closed undercover 
     operations on a quarterly basis and shall report the results 
     of the audits in writing to the Deputy Attorney General.

     SEC. 170. PRISONER TRANSFER TREATIES.

       (a) Negotiations With Other Countries.--(1) Congress 
     advises the President to begin to negotiate and renegotiate, 
     not later than 90 days after the date of enactment of this 
     Act, bilateral prisoner transfer treaties, providing for the 
     incarceration, in the country of the alien's nationality, of 
     any alien who--
       (A) is a national of a country that is party to such a 
     treaty; and
       (B) has been convicted of a criminal offense under Federal 
     or State law and who--
       (i) is not in lawful immigration status in the United 
     States, or
       (ii) on the basis of conviction for a criminal offense 
     under Federal or State law, or on any other basis, is subject 
     to deportation under the Immigration and Nationality Act,

     for the duration of the prison term to which the alien was 
     sentenced for the offense referred to in subparagraph (B). 
     Any such agreement may provide for the release of such alien 
     pursuant to parole procedures of that country.
       (2) In entering into negotiations under paragraph (1), the 
     President may consider providing for appropriate 
     compensation, subject to the availability of appropriations, 
     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) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the focus of negotiations for such agreements should 
     be--
       (A) to expedite the transfer of aliens unlawfully in the 
     United States who are (or are about to be) incarcerated in 
     United States prisons,
       (B) to ensure that a transferred prisoner serves the 
     balance of the sentence imposed by the United States courts,
       (C) to eliminate any requirement of prisoner consent to 
     such a transfer, and
       (D) 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 prisons 
     sentences;
       (2) the Secretary of State should give priority to 
     concluding an agreement with any country for which the 
     President determines that the number of aliens described in 
     subsection (a) who are nationals of that country in the 
     United States represents a significant percentage of all such 
     aliens in the United States; and
       (3) no new treaty providing for the transfer of aliens from 
     Federal, State, or local incarceration facilities to a 
     foreign incarceration facility should permit the alien to 
     refuse the transfer.
       (c) Prisoner Consent.--Notwithstanding any other provision 
     of law, except as required by treaty, the transfer of an 
     alien from a Federal, State, or local incarceration facility 
     under an agreement of the type referred to in subsection (a) 
     shall not require consent of the alien.
       (d) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Attorney General shall submit a report to the Committees on 
     the Judiciary of the House of Representatives and of the 
     Senate stating whether each prisoner transfer treaty to which 
     the United States is a party has been effective in the 
     preceding 12 months in bringing about the return of 
     deportable incarcerated aliens to the country of which they 
     are nationals and in ensuring that they serve the balance of 
     their sentences.
       (e) Training Foreign Law Enforcement Personnel.--(1) 
     Subject to paragraph (2), the President shall direct the 
     Border Patrol Academy and the Customs Service Academy to 
     enroll for training an appropriate number of foreign law 
     enforcement personnel, and shall make appointments of foreign 
     law enforcement personnel to such academies, as necessary to 
     further the following United States law enforcement goals:
       (A) prevention of drug smuggling and other cross-border 
     criminal activity;
       (B) preventing illegal immigration; and
       (C) preventing the illegal entry of goods into the United 
     States (including goods the sale of which is illegal in the 
     United States, the entry of which would cause a quota to be 
     exceeded, or which have not paid the appropriate duty or 
     tariff).
       (2) The appointments described in paragraph (1) shall be 
     made only to the extent there is capacity in such academies 
     beyond what is required to train United States citizens 
     needed in the Border Patrol and Customs Service, and only of 
     personnel from a country with which the prisoner transfer 
     treaty has been stated to be effective in the most recent 
     report referred to in subsection (d).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 170A. PRISONER TRANSFER TREATIES STUDY.

       (a) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State and 
     the Attorney General shall submit to the Congress a report 
     that describes the use and effectiveness of the prisoner 
     transfer treaties with the three countries with the greatest 
     number of their nationals incarcerated in the United States 
     in removing from the United States such incarcerated 
     nationals.
       (b) Use of Treaty.--The report under subsection (a) shall 
     include--
       (1) the number of aliens convicted of a criminal offense in 
     the United States since November 30, 1977, who would have 
     been or are eligible for transfer pursuant to the treaties;
       (2) the number of aliens described in paragraph (1) who 
     have been transferred pursuant to the treaties;
       (3) the number of aliens described in paragraph (2) who 
     have been incarcerated in full compliance with the treaties;
       (4) the number of aliens who are incarcerated in a penal 
     institution in the United States who are eligible for 
     transfer pursuant to the treaties; and
       (5) the number of aliens described in paragraph (4) who are 
     incarcerated in Federal, State, and local penal institutions 
     in the United States.
       (c) Recommendations.--The report under subsection (a) shall 
     include the recommendations of the Secretary of State and the 
     Attorney General to increase the effectiveness and use of, 
     and full compliance with, the treaties. In considering the 
     recommendations under this subsection, the Secretary and the 
     Attorney General shall consult with such State and local 
     officials in areas disproportionately impacted by aliens 
     convicted of criminal offenses as the Secretary and the 
     Attorney General consider appropriate. Such recommendations 
     shall address--
       (1) changes in Federal laws, regulations, and policies 
     affecting the identification, prosecution, and deportation of 
     aliens who have committed criminal offenses in the United 
     States;
       (2) changes in State and local laws, regulations, and 
     policies affecting the identification, prosecution, and 
     deportation of aliens who have committed a criminal offense 
     in the United States;
       (3) changes in the treaties that may be necessary to 
     increase the number of aliens convicted of criminal offenses 
     who may be transferred pursuant to the treaties;
       (4) methods for preventing the unlawful reentry into the 
     United States of aliens who have been convicted of criminal 
     offenses in the United States and transferred pursuant to the 
     treaties;
       (5) any recommendations by appropriate officials of the 
     appropriate government agencies of such countries regarding 
     programs to achieve the goals of, and ensure full compliance 
     with, the treaties;
       (6) whether the recommendations under this subsection 
     require the renegotiation of the treaties; and
       (7) the additional funds required to implement each 
     recommendation under this subsection.

     SEC. 170B. USING ALIEN FOR IMMORAL PURPOSES, FILING 
                   REQUIREMENT.

       Section 2424 of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph of subsection (a)--
       (A) by striking ``alien'' each place it appears;
       (B) by inserting after ``individual'' the first place it 
     appears the following: ``, knowing or in reckless disregard 
     of the fact that the individual is an alien''; and
       (C) by striking ``within three years after that individual 
     has entered the United States from any country, party to the 
     arrangement adopted July 25, 1902, for the suppression of the 
     white-slave traffic'';
       (2) in the second undesignated paragraph of subsection 
     (a)--
       (A) by striking ``thirty'' and inserting ``five business''; 
     and
       (B) by striking ``within three years after that individual 
     has entered the United States from any country, party to the 
     said arrangement for the suppression of the white-slave 
     traffic,'';
       (3) in the text following the third undesignated paragraph 
     of subsection (a), by striking ``two'' and inserting ``10''; 
     and
       (4) in subsection (b), before the period at the end of the 
     second sentence, by inserting ``, or for enforcement of the 
     provisions of section 274A of the Immigration and Nationality 
     Act''.

     SEC. 170C. TECHNICAL CORRECTIONS TO VIOLENT CRIME CONTROL ACT 
                   AND TECHNICAL CORRECTIONS ACT.

       (a) In General.--The second subsection (i) of section 245 
     (as added by section 130003(c)(1) of the Violent Crime 
     Control and Law Enforcement

[[Page S4747]]

     Act of 1994; Public Law 103-322) is redesignated as 
     subsection (j) of such section.
       (b) Conforming Amendment.--Section 241(a)(2)(A)(i)(I) (8 
     U.S.C. 1251(a)(2)(A)(i)(I)) is amended by striking ``section 
     245(i)'' and inserting ``section 245(j)''.
       (c) Denial of Judicial Order.--(1) Section 242A(c)(4), as 
     redesignated by section 165 of this Act, is amended by 
     striking ``without a decision on the merits''.
       (2) The amendment made by this subsection shall be 
     effective as if originally included in section 223 of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (Public Law 103-416).

     SEC. 170D. DEMONSTRATION PROJECT FOR IDENTIFICATION OF 
                   ILLEGAL ALIENS IN INCARCERATION FACILITY OF 
                   ANAHEIM, CALIFORNIA.

       (a) Authority.--The Attorney General is authorized to 
     conduct a project demonstrating the feasibility of 
     identifying illegal aliens among those individuals who are 
     incarcerated in local governmental prison facilities prior to 
     arraignment on criminal charges.
       (b) Description of Project.--The project authorized by 
     subsection (a) shall include the detail to the city of 
     Anaheim, California, of an employee of the Immigration and 
     Naturalization Service having expertise in the identification 
     of illegal aliens for the purpose of training local officials 
     in the identification of such aliens.
       (c) Termination.--The authority of this section shall cease 
     to be effective 6 months after the date of the enactment of 
     this Act.
       (d) Definition.--As used in this section, the term 
     ``illegal alien'' means an alien in the United States who is 
     not within any of the following classes of aliens:
       (1) Aliens lawfully admitted for permanent residence.
       (2) Nonimmigrant aliens described in section 101(a)(15) of 
     the Immigration and Nationality Act.
       (3) Refugees.
       (4) Asylees.
       (5) Parolees.
       (6) Aliens having deportation withheld under section 243(h) 
     of the Immigration and Nationality Act.
       (7) Aliens having temporary residence status.

                         PART 6--MISCELLANEOUS

     SEC. 171. IMMIGRATION EMERGENCY PROVISIONS.

       (a) Reimbursement of Federal Agencies From Immigration 
     Emergency Fund.--Section 404(b) (8 U.S.C. 1101 note) is 
     amended--
       (1) in paragraph (1)--
       (A) after ``paragraph (2)'' by striking ``and'' and 
     inserting a comma,
       (B) by striking ``State'' and inserting ``other Federal 
     agencies and States'',
       (C) by inserting ``, and for the costs associated with 
     repatriation of aliens attempting to enter the United States 
     illegally, whether apprehended within or outside the 
     territorial sea of the United States'' before ``except'', and
       (D) by adding at the end the following new sentence: ``The 
     fund may be used for the costs of such repatriations without 
     the requirement for a determination by the President that an 
     immigration emergency exists.''; and
       (2) in paragraph (2)(A)--
       (A) by inserting ``to Federal agencies providing support to 
     the Department of Justice or'' after ``available''; and
       (B) by inserting a comma before ``whenever''.
       (b) Vessel Movement Controls.--Section 1 of the Act of June 
     15, 1917 (50 U.S.C. 191) is amended in the first sentence by 
     inserting ``or whenever the Attorney General determines that 
     an actual or anticipated mass migration of aliens en route to 
     or arriving off the coast of the United States presents 
     urgent circumstances requiring an immediate Federal 
     response,'' after ``United States,'' the first place it 
     appears.
       (c) Delegation of Immigration Enforcement Authority.--
     Section 103 (8 U.S.C. 1103) is amended by adding at the end 
     of subsection (a) the following new sentence: ``In the event 
     the Attorney General determines that an actual or imminent 
     mass influx of aliens arriving off the coast of the United 
     States, or near a land border, presents urgent circumstances 
     requiring an immediate Federal response, the Attorney General 
     may authorize any specially designated State or local law 
     enforcement officer, with the consent of the head of the 
     department, agency, or establishment under whose jurisdiction 
     the individual is serving, to perform or exercise any of the 
     powers, privileges, or duties conferred or imposed by this 
     Act or regulations issued thereunder upon officers or 
     employees of the Service.''.

     SEC. 172. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

       Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
       (1) by inserting ``(A)'' after ``Nondiscrimination.--''; 
     and
       (2) by adding at the end the following:
       ``(B) Nothing in this paragraph shall be construed to limit 
     the authority of the Secretary of State to determine the 
     procedures for the processing of immigrant visa applications 
     or the locations where such applications will be 
     processed.''.

     SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION.

       (a) Study.--The Attorney General, together with the 
     Secretary of State, the Secretary of Agriculture, the 
     Secretary of the Treasury, and appropriate representatives of 
     the air transport industry, shall jointly undertake a study 
     to develop a plan for making the transition to automated data 
     collection at ports of entry.
       (b) Report.--Nine months after the date of enactment of 
     this Act, the Attorney General shall submit a report to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives on the outcome of this joint initiative, 
     noting specific areas of agreement and disagreement, and 
     recommending further steps to be taken, including any 
     suggestions for legislation.

     SEC. 174. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

       Not later than 2 years after the date of the enactment of 
     this Act, the Attorney General shall develop an automated 
     entry and exit control system that will enable the Attorney 
     General to identify, through on-line searching procedures, 
     lawfully admitted nonimmigrants who remain in the United 
     States beyond the period authorized by the Attorney General.

     SEC. 175. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER 
                   INFORMATION.

       (a) Confidentiality of Information.--Section 245A(c)(5) (8 
     U.S.C. 1255a(c)(5)) is amended by striking ``except that the 
     Attorney General'' and inserting the following: ``except that 
     the Attorney General shall provide information furnished 
     under this section to a duly recognized law enforcement 
     entity in connection with a criminal investigation or 
     prosecution, when such information is requested in writing by 
     such entity, or to an official coroner for purposes of 
     affirmatively identifying a deceased individual (whether or 
     not such individual is deceased as a result of a crime) 
     and''.
       (b) Special Agricultural Workers.--Section 210(b)(6)(C) (8 
     U.S.C. 1160(b)(6)(C)) is amended--
       (1) by striking the period at the end of subparagraph (C) 
     and inserting a comma; and
       (2) by adding in full measure margin after subparagraph (C) 
     the following:

     ``except that the Attorney General shall provide information 
     furnished under this section to a duly recognized law 
     enforcement entity in connection with a criminal 
     investigation or prosecution, when such information is 
     requested in writing by such entity, or to an official 
     coroner for purposes of affirmatively identifying a deceased 
     individual (whether or not such individual is deceased as a 
     result of a crime).''.

     SEC. 176. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

       Section 246(a) (8 U.S.C. 1256(a)) is amended--
       (1) by inserting ``(1)'' immediately after ``(a)''; and
       (2) by adding at the end the following new sentence: 
     ``Nothing in this subsection requires the Attorney General to 
     rescind the alien's status prior to commencement of 
     procedures to deport the alien under section 242 or 242A, and 
     an order of deportation issued by a special inquiry officer 
     shall be sufficient to rescind the alien's status.''.

     SEC. 177. COMMUNICATION BETWEEN FEDERAL, STATE, AND LOCAL 
                   GOVERNMENT AGENCIES, AND THE IMMIGRATION AND 
                   NATURALIZATION SERVICE.

       Notwithstanding any other provision of Federal, State, or 
     local law, no Federal, 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 any person.

     SEC. 178. AUTHORITY TO USE VOLUNTEERS.

       (a) Acceptance of Donated Services.--Notwithstanding any 
     other provision of law, but subject to subsection (b), the 
     Attorney General may accept, administer, and utilize gifts of 
     services from any person for the purpose of providing 
     administrative assistance to the Immigration and 
     Naturalization Service in administering programs relating to 
     naturalization, adjudications at ports of entry, and removal 
     of criminal aliens. Nothing in this section requires the 
     Attorney General to accept the services of any person.
       (b) Limitation.--Such person may not administer or score 
     tests and may not adjudicate.

     SEC. 179. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT FOR BORDER.

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

     SEC. 180. LIMITATION ON LEGALIZATION LITIGATION.

       (a) Limitation on Court Jurisdiction.--Section 245A(f)(4) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) Jurisdiction of courts.--Notwithstanding any other 
     provision of law, no court shall have jurisdiction of any 
     cause of action or claim by or on behalf of any person 
     asserting an interest under this section unless such person 
     in fact filed an application under this section within the 
     period specified by subsection (a)(1), or attempted to file a 
     complete application and application fee with an authorized 
     legalization officer of the Immigration and Naturalization 
     Service but had the application and fee refused by that 
     officer.''.
       (b) Effective Date.--The amendment made by this section 
     shall be effective as if originally included in section 201 
     of the Immigration Control and Financial Responsibility Act 
     of 1986.

     SEC. 181. LIMITATION ON ADJUSTMENT OF STATUS.

       Section 245(c) (8 U.S.C. 1255(c)) is amended--
       (1) by striking ``or (5)'' and inserting ``(5)''; and
       (2) by inserting before the period at the end the 
     following: ``; (6) any alien who seeks adjustment of status 
     as an employment-based immigrant and is not in a lawful 
     nonimmigrant status; or (7) any alien who was employed while

[[Page S4748]]

     the alien was an unauthorized alien, as defined in section 
     274A(h)(3), or who has otherwise violated the terms of a 
     nonimmigrant visa''.

     SEC. 182. REPORT ON DETENTION SPACE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Attorney General shall submit 
     a report to the Congress estimating the amount of detention 
     space that would be required on the date of enactment of this 
     Act, in 5 years, and in 10 years, under various policies on 
     the detention of aliens, including but not limited to--
       (1) detaining all excludable or deportable aliens who may 
     lawfully be detained;
       (2) detaining all excludable or deportable aliens who 
     previously have been excluded, been deported, departed while 
     an order of exclusion or deportation was outstanding, 
     voluntarily departed under section 244, or voluntarily 
     returned after being apprehended while violating an 
     immigration law of the United States; and
       (3) the current policy.
       (b) Estimate of Number of Aliens Released Into the 
     Community.--Such report shall also estimate the number of 
     excludable or deportable aliens who have been released into 
     the community in each of the 3 years prior to the date of 
     enactment of this Act under circumstances that the Attorney 
     General believes justified detention (for example, a 
     significant probability that the released alien would not 
     appear, as agreed, at subsequent exclusion or deportation 
     proceedings), but a lack of detention facilities required 
     release.

     SEC. 183. COMPENSATION OF IMMIGRATION JUDGES.

       (a) Compensation.--
       (1) In general.--There shall be four levels of pay for 
     special inquiry officers of the Department of Justice (in 
     this section referred to as ``immigration judges'') under the 
     Immigration Judge Schedule (designated as IJ-1, IJ-2, IJ-3, 
     and IJ-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 percent of the next to highest rate of basic pay for the Senior ....
  Executive Service.
80 percent of the next to highest rate of basic pay for the Senior ....
  Executive Service.
90 percent of the next to highest rate of basic pay for the Senior ....
  Executive Service.
92 percent 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 of this subsection 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.
       (b) Effective Date.--Subsection (a) shall take effect 90 
     days after the date of the enactment of this Act.

     SEC. 184. ACCEPTANCE OF STATE SERVICES TO CARRY OUT 
                   IMMIGRATION ENFORCEMENT.

       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 
     in relation to the arrest or detention of aliens in the 
     United States (including the transportation of such aliens 
     across State lines to detention centers), 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, and shall contain a written certification that the 
     officers or employees performing the function under the 
     agreement have received adequate training regarding the 
     enforcement of relevant Federal immigration laws.
       ``(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 agency 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 
     knowledge 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.''.

     SEC. 185. ALIEN WITNESS COOPERATION.

       Section 214(j)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1184(j)(1)) (relating to numerical limitations on the 
     number of aliens that may be provided visas as nonimmigrants 
     under section 101(a)(15)(5)(ii) of such Act) is amended--
       (1) by striking ``100'' and inserting ``200''; and
       (2) by striking ``25'' and inserting ``50''.
                   Subtitle B--Other Control Measures

                        PART 1--PAROLE AUTHORITY

     SEC. 191. USABLE ONLY ON A CASE-BY-CASE BASIS FOR 
                   HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC 
                   BENEFIT.

       Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is amended by 
     striking ``for emergent reasons or for reasons deemed 
     strictly in the public interest'' and inserting ``on a case-
     by-case basis for urgent humanitarian reasons or significant 
     public benefit''.

     SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF FAMILY-SPONSORED 
                   IMMIGRANTS.

       (a) In General.--Section 201(c) (8 U.S.C. 1151(c)) is 
     amended--
       (1) by amending paragraph (1)(A)(ii) to read as follows:
       ``(ii) the sum of the number computed under paragraph (2) 
     and the number computed under paragraph (4), plus''; and
       (2) by adding at the end the following new paragraphs:
       ``(4) The number computed under this paragraph for a fiscal 
     year is the number of aliens who were paroled into the United 
     States under section 212(d)(5) in the second preceding fiscal 
     year and who did not depart from the United States within 365 
     days.
       ``(5) If any alien described in paragraph (4) is 
     subsequently admitted as an alien lawfully admitted for 
     permanent residence, such alien shall not again be considered 
     for purposes of paragraph (1).''.
       (b) Inclusion of Paroled Aliens.--Section 202 (8 U.S.C. 
     1152) is amended by adding at the end the following new 
     subsection:
       ``(f)(1) For purposes of subsection (a)(2), an immigrant 
     visa shall be considered to have been made available in a 
     fiscal year to any alien who is not an alien lawfully 
     admitted for permanent residence but who was paroled into the 
     United States under section 212(d)(5) in the second preceding 
     fiscal year and who did not depart from the United States 
     within 365 days.
       ``(2) If any alien described in paragraph (1) is 
     subsequently admitted as an alien lawfully admitted for 
     permanent residence, an immigrant visa shall not again be 
     considered to have been made available for purposes of 
     subsection (a)(2).''.

                             PART 2--ASYLUM

     SEC. 193. TIME LIMITATION ON ASYLUM CLAIMS.

       (a) Section 208(a) (8 U.S.C. 1158(a)) is amended--
       (1) by striking ``The'' and inserting the following: ``(1) 
     Except as provided in paragraph (2), the''; and
       (2) by adding at the end the following:
       ``(2)(A) An application for asylum filed for the first time 
     during an exclusion or deportation proceeding shall not be 
     considered if the proceeding was commenced more than one year 
     after the alien's entry or admission into the United States.
       ``(B) An application for asylum may be considered, 
     notwithstanding subparagraph (A), if the applicant shows good 
     cause for not having filed within the specified period of 
     time.''.
       (b) As used in this section, ``good cause'' may include, 
     but is not limited to, circumstances that changed after the 
     applicant entered the United States 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 
     successful because of technical defects; efforts to seek 
     asylum that were delayed

[[Page S4749]]

     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.

     SEC. 194. LIMITATION ON WORK AUTHORIZATION FOR ASYLUM 
                   APPLICANTS.

       Section 208 (8 U.S.C. 1158), as amended by this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(f)(1) An applicant for asylum may not engage in 
     employment in the United States unless such applicant has 
     submitted an application for employment authorization to the 
     Attorney General and, subject to paragraph (2), the Attorney 
     General has granted such authorization.
       ``(2) The Attorney General may deny any application for, or 
     suspend or place conditions on any grant of, authorization 
     for any applicant for asylum to engage in employment in the 
     United States.''.

     SEC. 195. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION 
                   BACKLOGS.

       (a) Purpose and Period of Authorization.--For the purpose 
     of reducing the number of applications pending under sections 
     208 and 243(h) of the Immigration and Nationality Act (8 
     U.S.C. 1158 and 1253) as of the date of the enactment of this 
     Act, the Attorney General shall have the authority described 
     in subsection (b) for a period of two years, beginning 90 
     days after the date of the enactment of this Act.
       (b) Procedures for Property Acquisition on Leasing.--
     Notwithstanding the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney 
     General is authorized to expend out of funds made available 
     to the Department of Justice for the administration of the 
     Immigration and Nationality Act such amounts as may be 
     necessary for the leasing or acquisition of property to carry 
     out the purpose described in subsection (a).

                      PART 3--CUBAN ADJUSTMENT ACT

     SEC. 196. REPEAL AND EXCEPTION.

       (a) Repeal.--Subject to subsection (b), Public Law 89-732, 
     as amended, is hereby repealed.
       (b) Notwithstanding any other provision of this Act, the 
     repeal of Public Law 89-732 made by this Act shall become 
     effective only upon a determination by the President under 
     section 203(c)(3) of the Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1996 that a democratically 
     elected government in Cuba is in power.
                      Subtitle C--Effective Dates

     SEC. 197. EFFECTIVE DATES.

       Except as otherwise provided in this title, and the 
     amendments made by this title, shall take effect on the date 
     of the enactment of this Act.
                   TITLE II--FINANCIAL RESPONSIBILITY
           Subtitle A--Receipt of Certain Government Benefits

     SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE, AND 
                   NONIMMIGRANT ALIENS.

       (a) Public Assistance and Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law, an ineligible alien (as defined in subsection (f)(2)) 
     shall not be eligible to receive--
       (A) any benefits under a public assistance program (as 
     defined in subsection (f)(3)), except--
       (i) emergency medical services under title XIX of the 
     Social Security Act,
       (ii) subject to paragraph (4), prenatal and postpartum 
     services under title XIX of the Social Security Act,
       (iii) short-term emergency disaster relief,
       (iv) assistance or benefits under--

       (I) the National School Lunch Act (42 U.S.C. 1751 et seq.),
       (II) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
     seq.),
       (III) section 4 of the Agriculture and Consumer Protection 
     Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note),
       (IV) the Emergency Food Assistance Act of 1983 (Public Law 
     98-8; 7 U.S.C. 612c note),
       (V) section 110 of the Hunger Prevention Act of 1988 
     (Public Law 100-435; 7 U.S.C. 612c note), and
       (VI) the food distribution program on Indian reservations 
     established under section 4(b) of Public Law 88-525 (7 U.S.C. 
     2013(b)),

       (v) public health assistance for immunizations and, if the 
     Secretary of Health and Human Services determines that it is 
     necessary to prevent the spread of a serious communicable 
     disease, for testing and treatment for such diseases, and
       (vi) such other service or assistance (such as soup 
     kitchens, crisis counseling, intervention (including 
     intervention for domestic violence), and short-term shelter) 
     as the Attorney General specifies, in the Attorney General's 
     sole and unreviewable discretion, after consultation with the 
     heads of appropriate Federal agencies, if--

       (I) such service or assistance is delivered at the 
     community level, including through public or private 
     nonprofit agencies;
       (II) such service or assistance is necessary for the 
     protection of life, safety, or public health; and
       (III) such service or assistance or the amount or cost of 
     such service or assistance is not conditioned on the 
     recipient's income or resources; or

       (B) any grant, contract, loan, professional license, or 
     commercial license provided or funded by any agency of the 
     United States or any State or local government entity, 
     except--
       ``(i) if the alien is a nonimmigrant alien authorized to 
     work in the United States--

       ``(I) any professional or commercial license required to 
     engage in such work, if the nonimmigrant is otherwise 
     qualified for such license; or
       ``(II) any contract provided or funded by such an agency or 
     entity; or

       ``(ii) if the alien is an alien who is outside of the 
     United States, any contract provided or funded by such an 
     agency or entity.''.
       (2) Benefits of residence.--Notwithstanding any other 
     provision of law, no State or local government entity shall 
     consider any ineligible alien as a resident when to do so 
     would place such alien in a more favorable position, 
     regarding access to, or the cost of, any benefit or 
     government service, except elementary or secondary education, 
     than a United States citizen who is not regarded as such a 
     resident.
       (3) Notification of aliens.--
       (A) In general.--The agency administering a program 
     referred to in paragraph (1)(A) or providing benefits 
     referred to in paragraph (1)(B) shall, directly or, in the 
     case of a Federal agency, through the States, notify 
     individually or by public notice, all ineligible aliens who 
     are receiving benefits under a program referred to in 
     paragraph (1)(A), or are receiving benefits referred to in 
     paragraph (1)(B), as the case may be, immediately prior to 
     the date of the enactment of this Act and whose eligibility 
     for the program is terminated by reason of this subsection.
       (B) Failure to give notice.--Nothing in subparagraph (A) 
     shall be construed to require or authorize continuation of 
     such eligibility if the notice required by such paragraph is 
     not given.
       (4) Limitation on pregnancy services for undocumented 
     aliens.--
       (A) 3-year continuous residence.--An ineligible alien may 
     not receive the services described in paragraph (1)(A)(ii) 
     unless such alien can establish proof of continuous residence 
     in the United States for not less than 3 years, as determined 
     in accordance with section 245a.2(d)(3) of title 8, Code of 
     Federal Regulations as in effect on the day before the date 
     of the enactment of this Act.
       (B) Limitation on expenditures.--Not more than $120,000,000 
     in outlays may be expended under title XIX of the Social 
     Security Act for reimbursement of services described in 
     paragraph (1)(A)(ii) that are provided to individuals 
     described in subparagraph (A).
       (C) Continued services by current states.--States that have 
     provided services described in paragraph (1)(A)(ii) for a 
     period of 3 years before the date of the enactment of this 
     Act shall continue to provide such services and shall be 
     reimbursed by the Federal Government for the costs incurred 
     in providing such services. States that have not provided 
     such services before the date of the enactment of this Act, 
     but elect to provide such services after such date, shall be 
     reimbursed for the costs incurred in providing such services. 
     In no case shall States be required to provide services in 
     excess of the amounts provided in subparagraph (B).
       (b) Unemployment Benefits.--Notwithstanding any other 
     provision of law, only eligible aliens who have been granted 
     employment authorization pursuant to Federal law, and United 
     States citizens or nationals, may receive unemployment 
     benefits payable out of Federal funds, and such eligible 
     aliens may receive only the portion of such benefits which is 
     attributable to the authorized employment.
       (c) Social Security Benefits.--(1) Section 202 of the 
     Social Security Act (42 U.S.C. 402) is amended by adding at 
     the end the following new subsection:

                   ``Limitation on Payments to Aliens

       ``(y)(1) Notwithstanding any other provision of law and 
     except as provided in paragraph (2), no monthly benefit under 
     this title shall be payable to any alien in the United States 
     for any month during which such alien is not lawfully present 
     in the United States as determined by the Attorney General.
       ``(2) Paragraph (1) shall not apply in any case where 
     entitlement to such benefit is based on an application filed 
     before the date of the enactment of this subsection.''.
       (2) Nothing in this subsection (c) shall affect any 
     obligation or liability of any individual or employer under 
     title 21 of subtitle C of the Internal Revenue Code.
       (3) No more than eighteen months following enactment of 
     this Act, the Comptroller General is directed to conduct and 
     complete a study of whether, and to what extent, individuals 
     who are not authorized to work in the United States are 
     qualifying for Old Age, Survivors, and Disability Insurance 
     (OASDI) benefits based on their earnings record.
       (d) 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 
     Committee on the Judiciary and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, and the Committee 
     on the Judiciary and the Committee on Banking and Financial 
     Services of the House of Representatives, describing the 
     manner in which the Secretary is enforcing section 214 of the 
     Housing and Community Development Act of 1980 (Public Law 96-
     399; 94 Stat. 1637) and containing statistics with respect to 
     the number of individuals denied financial assistance under 
     such section.
       (e) Nonprofit, Charitable Organizations.--
       (1) In general.--Nothing in this Act shall be construed as 
     requiring a nonprofit charitable organization operating any 
     program of assistance provided or funded, in whole or in 
     part, by the Federal Government to--
       (A) determine, verify, or otherwise require proof of the 
     eligibility, as determined under this title, of any applicant 
     for benefits or assistance under such program; or
       (B) deem that the income or assets of any applicant for 
     benefits or assistance under such program include the income 
     or assets described in section 204(b).
       (2) No effect on federal authority to determine 
     compliance.--Nothing in this subsection shall be construed as 
     prohibiting the Federal Government from determining the 
     eligibility, under this section or section 204, of any 
     individual for benefits under a public assistance

[[Page S4750]]

     program (as defined in subsection (f)(3)) or for government 
     benefits (as defined in subsection (f)(4)).
       (f) Definitions.--For the purposes of this section--
       (1) Eligible alien.--The term ``eligible alien'' means an 
     individual who is--
       (A) an alien lawfully admitted for permanent residence 
     under the Immigration and Nationality Act,
       (B) an alien granted asylum under section 208 of such Act,
       (C) a refugee admitted under section 207 of such Act,
       (D) an alien whose deportation has been withheld under 
     section 243(h) of such Act,
       (E) an alien paroled into the United States under section 
     212(d)(5) of such Act for a period of at least 1 year, or
       (F) an alien who--
       (i) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or a 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; and
       (ii) has petitioned (or petitions within 45 days after the 
     first application for means-tested government assistance 
     under SSI, AFDC, social services block grants; Medicaid, food 
     stamps, or housing assistance) for--

       (I) status as a spouse or a 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 clause (ii) or (iii) of 
     section 204(a)(1)(B) of the Act, or
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or

       (iii) is the beneficiary of a petition 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; 
     or
       (G) an alien whose child--
       (i) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or a 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 and the 
     spouse or parent consented or acquiesced to such battery or 
     cruelty, and the alien did not actively participate in such 
     battery or cruelty; and
       (ii) has petitioned (or petitions within 45 days after the 
     first application for assistance from a means-tested 
     government assistance program) for--

       (I) status as a spouse or a 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 clause (ii) or (iii) of 
     section 204(a)(1)(B) of the Act, or
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or

       (iii) is the beneficiary of a petition 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.
       (2) Ineligible alien.--The term ``ineligible alien'' means 
     an individual who is not--
       (A) a United States citizen or national; or
       (B) an eligible alien.
       (3) Public assistance program.--The term ``public 
     assistance program'' means any program of assistance provided 
     or funded, in whole or in part, by the Federal Government or 
     any State or local government entity, for which eligibility 
     for benefits is based on need.
       (4) Government benefits.--The term ``government benefits'' 
     includes--
       (A) any grant, contract, loan, professional license, or 
     commercial license provided or funded by any agency of the 
     United States or any State or local government entity, 
     except--
       (i) if the alien is a nonimmigrant alien authorized to work 
     in the United States--

       (I) any professional or commercial license required to 
     engage in such work, if the nonimmigrant is otherwise 
     qualified for such license; or
       (II) any contract provided or funded by such an agency or 
     entity; or

       (ii) if the alien is an alien who is outside of the United 
     States, any contract provided or funded by such an agency or 
     entity.
       (B) unemployment benefits payable out of Federal funds;
       (C) benefits under title II of the Social Security Act;
       (D) financial assistance for purposes of section 214(a) of 
     the Housing and Community Development Act of 1980 (Public Law 
     96-399; 94 Stat. 1637); and
       (E) benefits based on residence that are prohibited by 
     subsection (a)(2).

     SEC. 202. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF 
                   DEPORTATION.

       (a) In General.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is 
     amended to read as follows:
       ``(5) Public charge.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (E), any alien who during the public charge period 
     becomes a public charge, regardless of when the cause for 
     becoming a public charge arises, is deportable for a period 
     of five years after the immigrant last receives a benefit 
     during the public charge period under any of the programs 
     described in subparagraph (D).
       ``(B) Exceptions.--Subparagraph (A) shall not apply if the 
     alien is a refugee or has been granted asylum, or if the 
     cause of the alien's becoming a public charge--
       ``(i) arose after entry (in the case of an alien who 
     entered as an immigrant) or after adjustment to lawful 
     permanent resident status (in the case of an alien who 
     entered as a nonimmigrant), and
       ``(ii) was a physical illness, or physical injury, so 
     serious the alien could not work at any job, or a mental 
     disability that required continuous hospitalization.
       ``(C) Definitions.--
       ``(i) Public charge period.--For purposes of subparagraph 
     (A), the term `public charge period' means the period 
     beginning on the date the alien entered the United States and 
     ending--

       ``(I) for an alien who entered the United States as an 
     immigrant, 5 years after entry, or
       ``(II) for an alien who entered the United States as a 
     nonimmigrant, 5 years after the alien adjusted to permanent 
     resident status.

       ``(ii) Public charge.--For purposes of subparagraph (A), 
     the term `public charge' includes any alien who receives 
     benefits under any program described in subparagraph (D) for 
     an aggregate period of more than 12 months.
       ``(D) Programs described.--The programs described in this 
     subparagraph are the following:
       ``(i) The aid to families with dependent children program 
     under title IV of the Social Security Act.
       ``(ii) The medicaid program under title XIX of the Social 
     Security Act.
       ``(iii) The food stamp program under the Food Stamp Act of 
     1977.
       ``(iv) The supplemental security income program under title 
     XVI of the Social Security Act.
       ``(v) Any State general assistance program.
       ``(vi) Any other program of assistance funded, in whole or 
     in part, by the Federal Government or any State or local 
     government entity, for which eligibility for benefits is 
     based on need, except the programs listed as exceptions in 
     clauses (i) through (vi) of section 201(a)(1)(A) of the 
     Immigration Reform Act of 1996 or any student assistance 
     received or approved for receipt under title IV, V, IX, or X 
     of the Higher Education Act of 1965 in an academic year which 
     ends or begins in the calendar year in which this Act is 
     enacted until the matriculation of their education.
       ``(E) Special rule for battered women and children.--(i) 
     For purposes of any determination under subparagraph (A), and 
     except as provided under clause (ii), the aggregate period 
     shall be 48 months within the first 7 years of entry if the 
     alien can demonstrate that (I) the alien has been battered or 
     subjected to extreme cruelty in the United States by a spouse 
     or a 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 subjected 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 
     connection to the battery or cruelty described in subclause 
     (I) or (II).
       ``(ii) For the purposes of a determination under 
     subparagraph (A), the aggregate period may exceed 48 months 
     within the first 7 years 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 such battery or cruelty has a causal 
     relationship to the need for the benefits received.pursuant 
     to clause (i) of section 204(a)(1)(B) of such Act.''.
       (b) Construction.--Nothing in subparagraph (B), (C), or (D) 
     of section 241(a)(5) of the Immigration and Nationality Act, 
     as amended by subsection (a), may be construed to affect or 
     apply to any determination of an alien as a public charge 
     made before the date of the enactment of this Act.
       (c) Review of Status.--
       (1) In general.--In reviewing any application by an alien 
     for benefits under section 216, section 245, or chapter 2 of 
     title III of the Immigration and Nationality Act, the 
     Attorney General shall determine whether or not the applicant 
     is deportable under section 241(a)(5)(A) of such Act, as so 
     amended.
       (2) Grounds for denial.--If the Attorney General determines 
     that an alien is deportable under section 241(a)(5)(A) of the 
     Immigration and Nationality Act, the Attorney General shall 
     deny such application and shall institute deportation 
     proceedings with respect to such alien, unless the Attorney 
     General exercises discretion to withhold or suspend 
     deportation pursuant to any other section of such Act.
       (d) Effective Date.--This section and the amendments made 
     by this section shall apply to aliens who enter the United 
     States on or after the date of the enactment of this Act and 
     to aliens who entered as nonimmigrants before such date but 
     adjust or apply to adjust their status after such date.

     SEC. 203. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

       (a) Enforceability.--(1) No affidavit of support may be 
     relied upon by the Attorney General or by any consular 
     officer to establish that an alien is not excludable as a 
     public charge under section 212(a)(4) of the Immigration and 
     Nationality Act unless such affidavit is executed as a 
     contract--
       (A) which is legally enforceable against the sponsor by the 
     sponsored individual, by the Federal Government, and by any 
     State, district, territory, or possession of the United 
     States (or any subdivision of such State, district, 
     territory, or possession of the United States) which provides 
     any benefit described in section 241(a)(5)(D), but not later 
     than 10 years after the sponsored individual last receives 
     any such benefit;

[[Page S4751]]

       (B) in which the sponsor agrees to financially support the 
     sponsored individual, so that he or she will not become a 
     public charge, until the sponsored individual has worked in 
     the United States for 40 qualifying quarters; and
       (C) in which the sponsor agrees to submit to the 
     jurisdiction of any Federal or State court for the purpose of 
     actions brought under subsection (d) or (e).
       (2) In determining the number of qualifying quarters for 
     which a sponsored individual has worked for purposes of 
     paragraph (1)(B), an individual not meeting the requirements 
     of subparagraphs (A) or (C) of subsection (f)(3) for any 
     quarter shall be treated as meeting such requirements if--
       (A) their spouse met such requirements for such quarter and 
     they filed a joint income tax return covering such quarter; 
     or
       (B) the individual who claimed such individual as a 
     dependent on an income tax return covering such quarter met 
     such requirements for such quarter.
       (b) Forms.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, the Attorney 
     General, and the Secretary of Health and Human Services shall 
     jointly formulate the affidavit of support described in this 
     section.
       (c) Notification of Change of Address.--
       (1) General requirement.--The sponsor shall notify the 
     Attorney General and the State, district, territory, or 
     possession in which the sponsored individual is currently a 
     resident within 30 days of any change of address of the 
     sponsor during the period specified in subsection (a)(1).
       (2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall, 
     after notice and opportunity to be heard, 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 individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, not less than 
     $2,000 or more than $5,000.
       (d) Reimbursement of Government Expenses.--
       (1) In general.--
       (A) Request for reimbursement.--Upon notification that a 
     sponsored individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, the appropriate 
     Federal, State, or local official shall request reimbursement 
     from the sponsor for the amount of such assistance.
       (B) Regulations.--The Commissioner of Social Security shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A). Such regulations shall provide that 
     notification be sent to the sponsor's last known address by 
     certified mail.
       (2) Action against sponsor.--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 make payments, an action may be 
     brought against the sponsor pursuant to the affidavit of 
     support.
       (3) Failure to meet repayment terms.--If the sponsor agrees 
     to make payments, but fails to abide by the repayment terms 
     established by the agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       (e) Jurisdiction.--
       (1) In general.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any appropriate court--
       (A) by a sponsored individual, with respect to financial 
     support; or
       (B) by a Federal, State, or local agency, with respect to 
     reimbursement.
       (2) Court may not decline to hear case.--For purposes of 
     this section, no appropriate court shall decline for lack of 
     subject matter or personal jurisdiction to hear any action 
     brought against a sponsor under paragraph (1) if--
       (A) the sponsored individual is a resident of the State in 
     which the court is located, or received public assistance 
     while residing in the State; and
       (B) such sponsor has received service of process in 
     accordance with applicable law.
       (f) Definitions.--For purposes of this section--
       (1) Sponsor.--The term ``sponsor'' means an individual 
     who--
       (A) is a United States citizen or national or an alien who 
     is lawfully admitted to the United States for permanent 
     residence;
       (B) is at least 18 years of age;
       (C) is domiciled in any of the several States of the United 
     States, the District of Columbia, or any territory or 
     possession of the United States; and
       (D) demonstrates the means to maintain an annual income 
     equal to at least 125 percent of the Federal poverty line for 
     the individual and the individual's family (including the 
     sponsored alien and any other alien sponsored by the 
     individual), through evidence that includes a copy of the 
     individual's Federal income tax return for the 3 most recent 
     taxable years (which returns need show such level of annual 
     income only in the most recent taxable year) 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 true copies of such returns.

     In the case of an individual who is on active duty (other 
     than active duty for training) in the Armed Forces of the 
     United States, subparagraph (D) shall be applied by 
     substituting ``100 percent'' for ``125 percent''.
       (2) Federal poverty line.--The term ``Federal poverty 
     line'' means the level of income equal to the official 
     poverty line (as defined by the Director of the Office of 
     Management and Budget, as revised annually by the Secretary 
     of Health and Human Services, in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
     U.S.C. 9902)) that is applicable to a family of the size 
     involved.
       (3) Qualifying quarter.--The term ``qualifying quarter'' 
     means a three-month period in which the sponsored individual 
     has--
       (A) earned at least the minimum necessary for the period to 
     count as one of the 40 quarters required to qualify for 
     social security retirement benefits;
       (B) not received need-based public assistance; and
       (C) had income tax liability for the tax year of which the 
     period was part.
       (4) Appropriate court.--The term ``appropriate court'' 
     means--
       (A) a Federal court, in the case of an action for 
     reimbursement of benefits provided or funded, in whole or in 
     part, by the Federal Government; and
       (B) a State court, in the case of an action for 
     reimbursement of benefits provided under a State or local 
     program of assistance.
       (g) Sponsor's Social Security Account Number Required To Be 
     Provided.--(1) Each affidavit of support shall include the 
     social security account number of the sponsor.
       (2) The Attorney General shall develop an automated system 
     to maintain the data of social security account numbers 
     provided under paragraph (1).
       (3) The Attorney General shall submit an annual report to 
     the Congress setting forth for the most recent fiscal year 
     for which data are available--
       (A) the number of sponsors under this section and the 
     number of sponsors in compliance with the financial 
     obligations of this section; and
       (B) a comparison of the data set forth under subparagraph 
     (A) with similar data for the preceding fiscal year.

     SEC. 204. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO 
                   FAMILY-SPONSORED IMMIGRANTS.

       (a) Deeming Requirement for Federal and Federally Funded 
     Programs.--Subject to subsection (d), for purposes of 
     determining the eligibility of an alien for benefits, and the 
     amount of benefits, under any Federal program of assistance, 
     or any program of assistance funded in whole or in part by 
     the Federal Government, for which eligibility for benefits is 
     based on need, the income and resources described in 
     subsection (b) shall, notwithstanding any other provision of 
     law, except as provided in section 204(f), be deemed to be 
     the income and resources of such alien.
       (b) Deemed Income and Resources.--The income and resources 
     described in this subsection include the income and resources 
     of--
       (1) any person who, as a sponsor of an alien's entry into 
     the United States, or in order to enable an alien lawfully to 
     remain in the United States, executed an affidavit of support 
     or similar agreement with respect to such alien, and
       (2) the sponsor's spouse.
       (c) Length of Deeming Period.--The requirement of 
     subsection (a) shall apply for the period for which the 
     sponsor has agreed, in such affidavit or agreement, to 
     provide support for such alien, or for a period of 5 years 
     beginning on the day such alien was first lawfully in the 
     United States after the execution of such affidavit or 
     agreement, whichever period is longer.
       (d) Exceptions.--
       (1) Indigence.--
       (A) In general.--If a determination described in 
     subparagraph (B) is made, the amount of income and resources 
     of the sponsor or the sponsor's spouse which shall be 
     attributed to the sponsored alien shall not exceed the amount 
     actually provided for a period--
       (i) beginning on the date of such determination and ending 
     12 months after such date, or
       (ii) if the address of the sponsor is unknown to the 
     sponsored alien, beginning on the date of such determination 
     and ending on the date that is 12 months after the address of 
     the sponsor becomes known to the sponsored alien or to the 
     agency (which shall inform such alien of the address within 7 
     days).
       (B) Determination described.--A determination described in 
     this subparagraph is a determination by an agency that a 
     sponsored alien would, in the absence of the assistance 
     provided by the agency, be unable to obtain food and shelter, 
     taking into account the alien's own income, plus any cash, 
     food, housing, or other assistance provided by other 
     individuals, including the sponsor.
       (2) Education assistance.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply with respect to sponsored aliens who have received, 
     or have been approved to receive, student assistance under 
     title IV, V, IX, or X of the Higher Education Act of 1965 in 
     an academic year which ends or begins in the calendar year in 
     which this Act is enacted.
       (B) Duration.--The exception described in subparagraph (A) 
     shall apply only for the period normally required to complete 
     the course of study for which the sponsored alien receives 
     assistance described in that subparagraph.
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to any service or assistance 
     described in clause (iv) or (vi) of section 201(a)(1)(A).
       (e) Deeming Authority to State and Local Agencies.--
       (1) In general.--Notwithstanding any other provision of 
     law, but subject to exceptions equivalent to the exceptions 
     described in subsection (d), the State or local government 
     may, for purposes of determining the eligibility of an alien 
     for benefits, and the amount of benefits, under any State or 
     local program of assistance for which eligibility is based on 
     need, or any need-based program of assistance administered by 
     a

[[Page S4752]]

     State or local government (other than a program of assistance 
     provided or funded, in whole or in part, by the Federal 
     Government), require that the income and resources described 
     in subsection (b) be deemed to be the income and resources of 
     such alien.
       (2) Length of deeming period.--Subject to exceptions 
     equivalent to the exceptions described in subsection (d), a 
     State or local government may impose the requirement 
     described in paragraph (1) for the period for which the 
     sponsor has agreed, in such affidavit or agreement, to 
     provide support for such alien, or for a period of 5 years 
     beginning on the day such alien was first lawfully in the 
     United States after the execution of such affidavit or 
     agreement, whichever period is longer.
       (f) Special Rule for Battered Women and Children.--
     Notwithstanding any other provision of law, subsection (a) 
     shall not apply--
       (1) for up to 48 months if the alien can demonstrate that 
     (A) the alien has been battered or subjected to extreme 
     cruelty in the United States by a spouse or a 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 to 
     or acquiesced to such battery or cruelty, or (B) the alien's 
     child has been battered or subjected to extreme cruelty in 
     the United States by the spouse or parent of the alien 
     (without the active participation of the alien in the battery 
     or 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 or acquiesced to and the alien did 
     not actively participate in such battery or cruelty, and the 
     battery or cruelty described in clause (i) or (ii) has a 
     causal relationship to the need for the public benefits 
     applied; and
       (2) for more than 48 months if the alien can demonstrate 
     that such battery or cruelty under paragraph (1) is ongoing, 
     has led to the issuance of an order of a judge or 
     administrative law judge or a prior determination of the 
     Service and that such battery or cruelty has a causal 
     relationship to the need for the benefits received.

     SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR 
                   POSTSECONDARY FEDERAL STUDENT FINANCIAL 
                   ASSISTANCE.

       (a) Report Requirement.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Education 
     and the Commissioner of Social Security shall jointly submit 
     to the Congress a report on the computer matching program of 
     the Department of Education under section 484(p) of the 
     Higher Education Act of 1965.
       (b) Report Elements.--The report shall include the 
     following:
       (1) An assessment by the Secretary and the Commissioner of 
     the effectiveness of the computer matching program, and a 
     justification for such assessment.
       (2) The ratio of inaccurate matches under the program to 
     successful matches.
       (3) Such other information as the Secretary and the 
     Commissioner jointly consider appropriate.

     SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO LIMIT 
                   ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG 
                   CLASSES OF ALIENS IN PROVIDING GENERAL PUBLIC 
                   ASSISTANCE.

       (a) In General.--Subject to subsection (b) and 
     notwithstanding any other provision of law, a State or local 
     government may prohibit or otherwise limit or restrict the 
     eligibility of aliens or classes of aliens for programs of 
     general cash public assistance furnished under the law of the 
     State or a political subdivision of a State.
       (b) Limitation.--The authority provided for under 
     subsection (a) may be exercised only to the extent that any 
     prohibitions, limitations, or restrictions imposed by a State 
     or local government are not more restrictive than the 
     prohibitions, limitations, or restrictions imposed under 
     comparable Federal programs. For purposes of this section, 
     attribution to an alien of a sponsor's income and resources 
     (as described in section 204(b)) for purposes of determining 
     eligibility for, and the amount of, benefits shall be 
     considered less restrictive than a prohibition of eligibility 
     for such benefits.

     SEC. 207. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR 
                   COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR 
                   AGENCY TO FACILITATE BENEFIT FRAUD BY AN 
                   UNLAWFUL ALIEN.

       Section 506 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 506. Seals of departments or agencies

       ``(a) Whoever--
       ``(1) falsely makes, forges, counterfeits, mutilates, or 
     alters the seal of any department or agency of the United 
     States, or any facsimile thereof;
       ``(2) knowingly uses, affixes, or impresses any such 
     fraudulently made, forged, counterfeited, mutilated, or 
     altered seal or facsimile thereof to or upon any certificate, 
     instrument, commission, document, or paper of any 
     description; or
       ``(3) with fraudulent intent, possesses, sells, offers for 
     sale, furnishes, offers to furnish, gives away, offers to 
     give away, transports, offers to transport, imports, or 
     offers to import any such seal or facsimile thereof, knowing 
     the same to have been so falsely made, forged, counterfeited, 
     mutilated, or altered,

     shall be fined under this title, or imprisoned not more than 
     5 years, or both.
       ``(b) Notwithstanding subsection (a) or any other provision 
     of law, if a forged, counterfeited, mutilated, or altered 
     seal of a department or agency of the United States, or any 
     facsimile thereof, is--
       ``(1) so forged, counterfeited, mutilated, or altered;
       ``(2) used, affixed, or impressed to or upon any 
     certificate, instrument, commission, document, or paper of 
     any description; or
       ``(3) with fraudulent intent, possessed, sold, offered for 
     sale, furnished, offered to furnish, given away, offered to 
     give away, transported, offered to transport, imported, or 
     offered to import,

     with the intent or effect of facilitating an unlawful alien's 
     application for, or receipt of, a Federal benefit, the 
     penalties which may be imposed for each offense under 
     subsection (a) shall be two times the maximum fine, and 3 
     times the maximum term of imprisonment, or both, that would 
     otherwise be imposed for an offense under subsection (a).
       ``(c) For purposes of this section--
       ``(1) the term `Federal benefit' means--
       ``(A) the issuance of any grant, contract, loan, 
     professional license, or commercial license provided by any 
     agency of the United States or by appropriated funds of the 
     United States; and
       ``(B) any retirement, welfare, Social Security, health 
     (including treatment of an emergency medical condition in 
     accordance with section 1903(v) of the Social Security Act 
     (19 U.S.C. 1396b(v))), disability, veterans, public housing, 
     education, food stamps, or unemployment benefit, or any 
     similar benefit for which payments or assistance are provided 
     by an agency of the United States or by appropriated funds of 
     the United States;
       ``(2) the term `unlawful alien' means an individual who is 
     not--
       ``(A) a United States citizen or national;
       ``(B) an alien lawfully admitted for permanent residence 
     under the Immigration and Nationality Act;
       ``(C) an alien granted asylum under section 208 of such 
     Act;
       ``(D) a refugee admitted under section 207 of such Act;
       ``(E) an alien whose deportation has been withheld under 
     section 243(h) of such Act; or
       ``(F) an alien paroled into the United States under section 
     215(d)(5) of such Act for a period of at least 1 year; and
       ``(3) each instance of forgery, counterfeiting, mutilation, 
     or alteration shall constitute a separate offense under this 
     section.''.

     SEC. 208. STATE OPTION UNDER THE MEDICAID PROGRAM TO PLACE 
                   ANTI-FRAUD INVESTIGATORS IN HOSPITALS.

       (a) In General.--Section 1902(a) of the Social Security Act 
     (42 U.S.C. 1396a(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (61);
       (2) by striking the period at the end of paragraph (62) and 
     inserting ``; and''; and
       (3) by adding after paragraph (62) the following new 
     paragraph:
       ``(63) in the case of a State that is certified by the 
     Attorney General as a high illegal immigration State (as 
     determined by the Attorney General), at the election of the 
     State, establish and operate a program for the placement of 
     anti-fraud investigators in State, county, and private 
     hospitals located in the State to verify the immigration 
     status and income eligibility of applicants for medical 
     assistance under the State plan prior to the furnishing of 
     medical assistance.''.
       (b) Payment.--Section 1903 of the Social Security Act (42 
     U.S.C. 1396b) is amended--
       (1) by striking ``plus'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; plus''; and
       (3) by adding at the end the following new paragraph:
       ``(8) an amount equal to the Federal medical assistance 
     percentage (as defined in section 1905(b)) of the total 
     amount expended during such quarter which is attributable to 
     operating a program under section 1902(a)(63).''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the first day of the first 
     calendar quarter beginning after the date of the enactment of 
     this Act.

     SEC. 209. COMPUTATION OF TARGETED ASSISTANCE.

       Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Except for the Targeted Assistance Ten Percent 
     Discretionary Program, all grants made available under this 
     paragraph for a fiscal year shall be allocated by the Office 
     of Refugee Resettlement in a manner that ensures that each 
     qualifying county receives the same amount of assistance for 
     each refugee and entrant residing in the county as of the 
     beginning of the fiscal year who arrived in the United States 
     not earlier than 60 months before the beginning of such 
     fiscal year.''.
                  Subtitle B--Miscellaneous Provisions

     SEC. 211. REIMBURSEMENT OF STATES AND LOCALITIES FOR 
                   EMERGENCY MEDICAL ASSISTANCE FOR CERTAIN 
                   ILLEGAL ALIENS.

       (a) Reimbursement.--The Attorney General shall, subject to 
     the availability of appropriations, fully reimburse the 
     States and political subdivisions of the States for costs 
     incurred by the States and political subdivisions for 
     emergency ambulance service provided to any alien who--
       (1) entered the United States without inspection or at any 
     time or place other than as designated by the Attorney 
     General;
       (2) is under the custody of a State or a political 
     subdivision of a State as a result of transfer or other 
     action by Federal authorities; and
       (3) is being treated for an injury suffered while crossing 
     the international border between the United States and Mexico 
     or between the United States and Canada.
       (b) Statutory Construction.--Nothing in this section 
     requires that the alien be arrested by Federal authorities 
     before entering into the custody of the State or political 
     subdivision.

[[Page S4753]]

       (c) Authorization of Appropriations.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary to carry out the provisions of this section.
       (2) Statutory construction.--Nothing in this Act may be 
     construed to prevent the Attorney General from seeking 
     reimbursement from an alien described in subsection (a) for 
     the costs of the emergency medical services provided to the 
     alien.

     SEC. 212. 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 through a public 
     hospital, other public facility, or other facility (including 
     a hospital that is eligible for an additional payment 
     adjustment under section 1886(d)(5)(F) or section 1923 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 for its costs of 
     providing such services, but only to the extent that the 
     costs of the State or local government are not fully 
     reimbursed through any other Federal program and cannot be 
     recovered from the alien or other entity.
       (b) Confirmation of Immigration Status.--No payment shall 
     be made under this section with respect to services furnished 
     to aliens described in subsection (a) unless the State or 
     local government establishes that it has provided services to 
     such aliens in accordance with procedures established by the 
     Secretary of Health and Human Services, after consultation 
     with the Attorney General and State and local officials.
       (c) Administration.--This section shall be administered by 
     the Attorney General, in consultation with the Secretary of 
     Health and Human Services.
       (d) Effective Date.--This section shall not apply to 
     emergency medical services furnished before October 1, 1995.

     SEC. 213. PILOT PROGRAMS.

       (a) Additional Commuter Border Crossing Fees Pilot 
     Projects.--In addition to the land border fee pilot projects 
     extended by the fourth proviso under the heading `` 
     Immigration and Naturalization Service, Salaries and 
     Expenses'' of Public Law 103-121, the Attorney General may 
     establish another such pilot project on the northern land 
     border and another such pilot project on the southern land 
     border of the United States.
       (b) Automated Permit Pilot Projects.--The Attorney General 
     and the Commissioner of Customs are authorized to conduct 
     pilot projects to demonstrate--
       (1) the feasibility of expanding port of entry hours at 
     designated ports of entry on the United States-Canada border; 
     or
       (2) the use of designated ports of entry after working 
     hours through the use of card reading machines or other 
     appropriate technology.

     SEC. 214. USE OF PUBLIC SCHOOLS BY NONIMMIGRANT FOREIGN 
                   STUDENTS.

       (a) Persons Eligible for Student Visas.--Section 
     101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
       (1) in clause (i) by striking ``academic high school, 
     elementary school, or other academic institution or in a 
     language training program'' and inserting in lieu thereof 
     ``public elementary or public secondary school (if the alien 
     shows to the satisfaction of the consular officer at the time 
     of application for a visa, or of the Attorney General at the 
     time of application for admission or adjustment of status, 
     that (I) the alien will in fact reimburse such public 
     elementary or public secondary school for the full, 
     unsubsidized per-capita cost of providing education at such 
     school to an individual pursuing such a course of study, or 
     (II) the school waives such reimbursement), private 
     elementary or private secondary school, or postsecondary 
     academic institution, or in a language-training program''; 
     and
       (2) by inserting before the semicolon at the end of clause 
     (ii) the following: ``: Provided, That nothing in this 
     paragraph shall be construed to prevent a child who is 
     present in the United States in a nonimmigrant status other 
     than that conferred by paragraph (B), (C), (F)(i), or (M)(i), 
     from seeking admission to a public elementary school or 
     public secondary school for which such child may otherwise be 
     qualified'';
       (b) Exclusion of Student Visa Abusers.--Section 212(a) (8 
     U.S.C. 1182(a)) is amended by adding at the end the following 
     new paragraph:
       ``(9) Student visa abusers.--Any alien described in section 
     101(a)(15)(F) who is admitted as a student for study at a 
     private elementary school or private secondary school and who 
     does not remain enrolled, throughout the duration of his or 
     her elementary or secondary school education in the United 
     States, at either (A) such a private school, or (B) a public 
     elementary or public secondary school (if (I) the alien is in 
     fact reimbursing such public elementary or public secondary 
     school for the full, unsubsidized per-capita cost of 
     providing education at such school to an individual pursuing 
     such a course of study, or (II) the school waives such 
     reimbursement) is excludable.''.
       (c) Deportation of Student Visa Abusers.--Section 241(a) (8 
     U.S.C. 1251(a)) is amended by adding at the end the following 
     new paragraph:
       ``(6) Student visa abusers.--Any alien described in section 
     101(a)(15)(F) who is admitted as a student for study at a 
     private elementary school or private secondary school and who 
     does not remain enrolled, throughout the duration of his or 
     her elementary or secondary school education in the United 
     States, at either (A) such a private school, or (B) a public 
     elementary or public secondary school (if (I) the alien is in 
     fact reimbursing such public elementary or public secondary 
     school for the full, unsubsidized per-capita cost of 
     providing education at such school to an individual pursing 
     such a course of study, or (II) the school waives such 
     reimbursement), is deportable.''.
       (d) Effective Date.--This section shall become effective 1 
     day after the date of enactment.

     SEC. 215. PILOT PROGRAM TO COLLECT INFORMATION RELATING TO 
                   NONIMMIGRANT FOREIGN STUDENTS.

       (a) In General.--(1) The Attorney General and the Secretary 
     of State shall jointly develop and conduct a pilot program to 
     collect electronically from approved colleges and 
     universities in the United States the information described 
     in subsection (c) with respect to aliens who--
       (A) have the status, or are applying for the status, of 
     nonimmigrants under section 101(a)(15) (F), (J), or (M) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) 
     (F), (J), or (M)); and
       (B) are nationals of the countries designated under 
     subsection (b).
       (2) The pilot program shall commence not later than January 
     1, 1998.
       (b) Covered Countries.--The Attorney General and the 
     Secretary of State shall jointly designate countries for 
     purposes of subsection (a)(1)(B). The Attorney General and 
     the Secretary shall initially designate not less than five 
     countries and may designate additional countries at any time 
     while the pilot program is being conducted.
       (c) Information to be Collected.--
       (1) In general.--The information for collection under 
     subsection (a) consists of--
       (A) the identity and current address in the United States 
     of the alien;
       (B) the nonimmigrant classification of the alien and the 
     date on which a visa under the classification was issued or 
     extended or the date on which a change to such classification 
     was approved by the Attorney General; and
       (C) the academic standing of the alien, including any 
     disciplinary action taken by the college or university 
     against the alien as a result of the alien's being convicted 
     of a crime.
       (2) FERPA.--The Family Educational Rights and Privacy Act 
     of 1974 (20 U.S.C. 1232g) shall not apply to aliens described 
     in subsection (a) to the extent that the Attorney General and 
     the Secretary of State determine necessary to carry out the 
     pilot program.
       (d) Participation by Colleges and Universities.--(1) The 
     information specified in subsection (c) shall be provided by 
     approved colleges and universities as a condition of--
       (A) the continued approval of the colleges and universities 
     under section 101(a)(15) (F) or (M) of the Immigration and 
     Nationality Act, or
       (B) the issuance of visas to aliens for purposes of 
     studying, or otherwise participating, at such colleges and 
     universities in a program under section 101(a)(15)(J) of such 
     Act.
       (2) If an approved college or university fails to provide 
     the specified information, such approvals and such issuance 
     of visas shall be revoked or denied.
       (e) Funding.--(1) The Attorney General and the Secretary 
     shall use funds collected under section 281(b) of the 
     Immigration and Nationality Act, as added by this subsection, 
     to pay for the costs of carrying out this section.
       (2) Section 281 of the Immigration and Nationality Act (8 
     U.S.C. 1351) is amended--
       (A) by inserting ``(a)'' after ``SEC. 281.''; and
       (B) by adding at the end the following:
       ``(b)(1) In addition to fees that are prescribed under 
     subsection (a), the Secretary of State shall impose and 
     collect a fee on all visas issued under the provisions of 
     section 101(a)(15) (F), (J), or (M) of the Immigration and 
     Nationality Act. With respect to visas issued under the 
     provisions of section 101(a)(15)(J), this subsection shall 
     not apply to those `J' visa holders whose presence in the 
     United States is sponsored by the United States Government.
       ``(2) The Attorney General shall impose and collect a fee 
     on all changes of nonimmigrant status under section 248 to 
     such classifications. This subsection shall not apply to 
     those `J' visa holders whose presence in the United States is 
     sponsored by the United States Government.
       ``(3) Except as provided in section 205(g)(2) of the 
     Immigration Reform Act of 1996, the amount of the fees 
     imposed and collected under paragraphs (1) and (2) shall be 
     the amount which the Attorney General and the Secretary 
     jointly determine is necessary to recover the costs of 
     conducting the information-collection program described in 
     subsection (a), but may not exceed $100.
       ``(4) Funds collected under paragraph (1) shall be 
     available to the Attorney General and the Secretary, without 
     regard to appropriation Acts and without fiscal year 
     limitation, to supplement funds otherwise available to the 
     Department of Justice and the Department of State, 
     respectively.''.
       (3) The amendments made by paragraphs (1) and (2) shall 
     become effective April 1, 1997.
       (f) Joint Report.--Not later than five years after the 
     commencement of the pilot program established under 
     subsection (a), the Attorney General and the Secretary of 
     State shall jointly submit to the Committees on the Judiciary 
     of the United States Senate and House of Representatives on 
     the operations of the pilot program and the feasibility of 
     expanding the program to cover the nationals of all 
     countries.
       (g) Worldwide Applicability of the Program.--(1)(A) Not 
     later than six months after the submission of the report 
     required by subsection (f), the Secretary of State and the 
     Attorney General shall jointly commence expansion of the 
     pilot program to cover the nationals of all countries.
       (B) Such expansion shall be completed not later than one 
     year after the date of the submission of the report referred 
     to in subsection (f).
       (2) After the program has been expanded, as provided in 
     paragraph (1), the Attorney General

[[Page S4754]]

     and the Secretary of State may, on a periodic basis, jointly 
     revise the amount of the fee imposed and collected under 
     section 281(b) of the Immigration and Nationality Act in 
     order to take into account changes in the cost of carrying 
     out the program.
       (h) Definition.--As used in this section, the phrase 
     ``approved colleges and universities'' means colleges and 
     universities approved by the Attorney General, in 
     consultation with the Secretary of Education, under 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

     SEC. 216. FALSE CLAIMS OF UNITED STATES CITIZENSHIP.

       (a) Exclusion of Aliens Who Have Falsely Claimed United 
     States Citizenship.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(D) Falsely claiming citizenship.--Any alien who falsely 
     represents, or has falsely represented, himself to be a 
     citizen of the United States is excludable.''.
       (b) Deportation of Aliens Who Have Falsely Claimed United 
     States Citizenship.--Section 241(a) (8 U.S.C. 1251(a)) is 
     amended by adding at the end the following new paragraph:
       ``(6) Falsely claiming citizenship.--Any alien who falsely 
     represents, or has falsely represented, himself to be a 
     citizen of the United States is deportable.''.

     SEC. 217. VOTING BY ALIENS.

       (a) Criminal Penalty for Voting by Aliens in Federal 
     Election.--Title 18, United States Code, is amended by adding 
     the following new section:

     ``Sec. 611. Voting by aliens

       ``(a) It shall by unlawful for any alien to vote in any 
     election held solely or in part for the purpose of electing a 
     candidate for the office of President, Vice President, 
     Presidential elector, Member of the Senate, Member of the 
     House of Representatives, Delegate from the District of 
     Columbia, or Resident Commissioner, unless--
       ``(1) the election is held partly for some other purpose;
       ``(2) aliens are authorized to vote for such other purpose 
     under a State constitution or statute or a local ordinance; 
     and
       ``(3) voting for such other purpose is conducted 
     independently of voting for a candidate for such Federal 
     offices, in such a manner that an alien has the opportunity 
     to vote for such other purpose, but not an opportunity to 
     vote for a candidate for any one or more of such Federal 
     offices.
       ``(b) Any person who violates this section shall be fined 
     not more than $5,000 or imprisoned not more than one year or 
     both.''.
       (b) Exclusion of Aliens Who Have Unlawfully Voted.--Section 
     212(a) (8 U.S.C. 1182(a)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Unlawful voters.--Any alien who has voted in 
     violation of any Federal, State, or local constitutional 
     provision, statute, ordinance, or regulation is 
     excludable.''.
       (c) Deportation of Aliens Who Have Unlawfully Voted.--
     Section 241(a) (8 U.S.C. 1251(a)) is amended by adding at the 
     end the following new paragraph:
       ``(6) Unlawful voters.--Any alien who has voted in 
     violation of any Federal, State, or local constitutional 
     provision, statute, ordinance, or regulation is 
     deportable.''.

     SEC. 218. EXCLUSION GROUNDS FOR OFFENSES OF DOMESTIC 
                   VIOLENCE, STALKING, CRIMES AGAINST CHILDREN, 
                   AND CRIMES OF SEXUAL VIOLENCE.

       (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 
     amended by adding at the end the following:
       ``(E) Domestic violence, violation of protection order, 
     crimes against children and stalking.--(i) Any alien who at 
     any time after entry is convicted of a crime of domestic 
     violence is deportable.
       ``(ii) Any alien who at any time after entry engages in 
     conduct that violates the portion of a protection order that 
     involves protection against credible threats of violence, 
     repeated harassment, or bodily injury to the person or 
     persons for whom the protection order was issued is 
     deportable.
       ``(iii) Any alien who at any time after entry is convicted 
     of a crime of stalking is deportable.
       ``(iv) Any alien who at any time after entry is convicted 
     of a crime of child abuse, child sexual abuse, child neglect, 
     or child abandonment is deportable.
       ``(F) Crimes of sexual violence.--Any alien who at any time 
     after entry is convicted of a crime of rape, aggravated 
     sodomy, aggravated sexual abuse, sexual abuse, abusive sexual 
     contact, or other crime of sexual violence is deportable.''.
       (b) Definitions.--Section 101(a) (8 U.S.C. 1101(a)) is 
     amended by adding at the end the following new paragraphs:
       ``(47) The term `crime of domestic violence' means any 
     felony or misdemeanor crime of violence committed by a 
     current or former spouse of the victim, by a person with whom 
     the victim shares a child in common, by a person who is 
     cohabiting with or has cohabited with the victim as a spouse, 
     by a person similarly situated to a spouse of the victim 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurs, or by any other adult 
     person against a victim who is protected from that person's 
     acts under the domestic or family violence laws of the United 
     States or any State, Indian tribal government, or unit of 
     local government.
       ``(48) The term `protection order' means any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence, including temporary or final 
     orders issued by civil or criminal courts (other than support 
     or child custody orders or provisions) whether obtained by 
     filing an independent action or as a pendente lite order in 
     another proceeding.''.
       (c) Effective Date.--This section will become effective one 
     day after the date of enactment of the Act.
                     Subtitle C--Housing Assistance

     SEC. 221. SHORT TITLE.

       This subtitle may be cited as the ``Use of Assisted Housing 
     by Aliens Act of 1996''.

     SEC. 222. PRORATING OF FINANCIAL ASSISTANCE.

       Section 214(b) of the Housing and Community Development Act 
     of 1980 (42 U.S.C. 1436a(b)) is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) If the eligibility for financial assistance of at 
     least one member of a family has been affirmatively 
     established under the program of financial assistance and 
     under this section, and the ineligibility of one or more 
     family members has not been affirmatively established under 
     this section, any financial assistance made available to that 
     family by the Secretary of Housing and Urban Development 
     shall be prorated, based on the number of individuals in the 
     family for whom eligibility has been affirmatively 
     established under the program of financial assistance and 
     under this section, as compared with the total number of 
     individuals who are members of the family.''.

     SEC. 223. ACTIONS IN CASES OF TERMINATION OF FINANCIAL 
                   ASSISTANCE.

       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 adding at the end the 
     following: ``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 that assistance under the 
     program of financial assistance and under this section.''; 
     and
       (3) in subparagraph (B)--
       (A) by striking ``6-month period'' and all that follows 
     through the end of the subparagraph and inserting ``single 3-
     month period.'';
       (B) by inserting ``(i)'' after ``(B)'';
       (C) by striking ``Any deferral'' and inserting the 
     following:
       ``(ii) Except as provided in clause (iii) and subject to 
     clause (iv), any deferral''; and
       (D) by adding at the end the following new clauses:
       ``(iii) The time period described in clause (ii) shall not 
     apply in the case of a refugee under section 207 of the 
     Immigration and Nationality Act or an individual seeking 
     asylum under section 208 of that Act.
       ``(iv) The time period described in clause (ii) shall be 
     extended for a period of 1 month in the case of any 
     individual who is provided, upon request, with a hearing 
     under this section.''.

     SEC. 224. 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 adding at the end the 
     following: ``If the declaration states that the individual is 
     not a citizen or national of the United States and that the 
     individual is younger than 62 years of age, 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 of 
     Housing and Urban Development, or the agency administering 
     assistance covered by this section, may request verification 
     of the declaration by requiring presentation of documentation 
     that the Secretary considers appropriate, including a United 
     States passport, resident alien card, alien registration 
     card, social security card, 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 ``on the date of 
     enactment of the Use of Assisted Housing by Aliens Act of 
     1996 or applying for financial assistance on or after that 
     date''; and
       (B) by adding at the end the following:

     ``In the case of an individual applying for financial 
     assistance on or after the date of enactment of the Use of 
     Assisted Housing by Aliens Act of 1996, the Secretary may not 
     provide any such assistance for the benefit of that 
     individual before 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 ``on the date of 
     enactment of the Use of Assisted Housing by Aliens Act of 
     1996 or applying for financial assistance on or after that 
     date'';
       (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:
       ``(ii) in the case of any individual receiving assistance 
     on the date of enactment of the Use of Assisted Housing by 
     Aliens Act of 1996, may not delay, deny, reduce, or terminate 
     the eligibility of that individual for financial assistance 
     on the basis of the immigration status of that individual 
     until the expiration of that 30-day period; and

[[Page S4755]]

       ``(iii) in the case of any individual applying for 
     financial assistance on or after the date of enactment of the 
     Use of Assisted Housing by Aliens Act of 1996, may not deny 
     the application for such assistance on the basis of the 
     immigration status of that individual until the expiration of 
     that 30-day period; and''; and
       (C) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) pending such verification or appeal, the Secretary 
     may not--

       ``(I) in the case of any individual receiving assistance on 
     the date of enactment of the Use of Assisted Housing by 
     Aliens Act of 1996, delay, deny, reduce, or terminate the 
     eligibility of that individual for financial assistance on 
     the basis of the immigration status of that individual; and
       ``(II) in the case of any individual applying for financial 
     assistance on or after the date of enactment of the Use of 
     Assisted Housing by Aliens Act of 1996, deny the application 
     for such assistance on the basis of the immigration status of 
     that individual; and'';

       (5) in paragraph (5), by striking ``status--'' and all that 
     follows through the end of the paragraph and inserting the 
     following: ``status, the Secretary shall--
       ``(A) deny the application of that individual for financial 
     assistance or terminate the eligibility of that individual 
     for financial assistance, as applicable; and
       ``(B) provide to the individual written notice of the 
     determination under this paragraph and the right to a fair 
     hearing process.''; and
       (6) by striking paragraph (6) and inserting the following:
       ``(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 reside in the public or assisted housing unit 
     of the individual. This provision shall not apply to a family 
     if the ineligibility of the ineligible individual at issue 
     was considered in calculating any proration of assistance 
     provided for the family.''.

     SEC. 225. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING 
                   FINANCIAL ASSISTANCE ELIGIBILITY 
                   DETERMINATIONS.

       Section 214(e) of the Housing and Community Development Act 
     of 1980 (42 U.S.C. 1436a(e)) is amended--
       (1) in paragraph (2), by adding ``or'' at the end;
       (2) in paragraph (3), by adding at the end the following: 
     ``the response from the Immigration and Naturalization 
     Service to the appeal of that individual.''; and
       (3) by striking paragraph (4).

     SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.

       Section 214 of the Housing and Community Development Act of 
     1980 (42 U.S.C. 1436a) is amended by adding at the end the 
     following new subsection:
       ``(h) Verification of Eligibility.--
       ``(1) In general.--Except in the case of an election under 
     paragraph (2)(A), no individual or family applying for 
     financial assistance may receive such financial assistance 
     prior to the affirmative establishment and verification of 
     eligibility of that individual or family under this section 
     by the Secretary or other appropriate entity.
       ``(2) Rules applicable to public housing agencies.--A 
     public housing agency (as that term is defined in section 3 
     of the United States Housing Act of 1937)--
       ``(A) may elect not to comply with this section; and
       ``(B) in complying with this section--
       ``(i) may initiate procedures to affirmatively establish or 
     verify the eligibility of an individual or family under this 
     section at any time at which the public housing agency 
     determines that such eligibility is in question, regardless 
     of whether or not that individual or family is at or near the 
     top of the waiting list of the public housing agency;
       ``(ii) may affirmatively establish or verify the 
     eligibility of an individual or family under this section in 
     accordance with the procedures set forth in section 
     274A(b)(1) of the Immigration and Nationality Act; and
       ``(iii) shall have access to any relevant information 
     contained in the SAVE system (or any successor thereto) that 
     relates to any individual or family applying for financial 
     assistance.
       ``(3) Eligibility of families.--For purposes of this 
     subsection, with respect to a family, the term `eligibility' 
     means the eligibility of each family member.''.

     SEC. 227. REGULATIONS.

       (a) Issuance.--Not later than the 60 days after the date of 
     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 opportunity for comment.
       (b) Failure To Issue.--If the Secretary fails to issue the 
     regulations required under subsection (a) before the date 
     specified in that 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 on March 20, 1995 
     (Vol. 60, No. 53; pp. 14824-14861), shall not apply after 
     that date.
                      Subtitle D--Effective Dates

     SEC. 231. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b) or as 
     otherwise provided in this title, this title and the 
     amendments made by this title shall take effect on the date 
     of the enactment of this Act.
       (b) Benefits.--The provisions of sections 201 and 204 shall 
     apply to benefits and to applications for benefits received 
     on or after the date of the enactment of this Act.
                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. CHANGES REGARDING VISA APPLICATION PROCESS.

       (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 
     1202(c)) is amended--
       (1) by striking all that follows after ``United States;'' 
     through ``marital status;''; and
       (2) by adding at the end thereof the following: ``At the 
     discretion of the Secretary of State, application forms for 
     the various classes of nonimmigrant admissions described in 
     section 101(a)(15) may vary according to the class of visa 
     being requested.''.
       (b) Disposition of Applications.--Section 222(e) (8 U.S.C. 
     1202(e)) is amended--
       (1) in the first sentence, by striking ``required by this 
     section'' and inserting ``for an immigrant visa''; and
       (2) in the third sentence--
       (A) by inserting ``or other document'' after ``stamp,''; 
     and
       (B) by striking ``by the consular officer''.

     SEC. 302. VISA WAIVER PROGRAM.

       (a) Extension of Program.--Section 217(f) (8 U.S.C. 
     1187(f)) is amended by striking ``1996'' and inserting 
     ``1998''.
       (b) Repeal of Probationary Program.--(1) Section 217(g) (8 
     U.S.C. 1187(g)) is repealed.
       (2) A country designated as a pilot program country with 
     probationary status under section 217(g) of the Immigration 
     and Nationality Act (as in effect prior to the date of 
     enactment of this Act) shall be subject to paragraphs (3) and 
     (4) of that subsection as if such paragraphs were not 
     repealed.
       (c) Duration and Termination of Designation of Pilot 
     Program Countries.--Section 217, as amended by this section, 
     is further amended by adding at the end the following:
       ``(g) Duration and Termination of Designation.--
       ``(1) Program countries.--(A) Upon determination by the 
     Attorney General that a visa waiver program country's 
     disqualification rate is 2 percent or more, the Attorney 
     General shall notify the Secretary of State.
       ``(B) If the program country's disqualification rate is 
     greater than 2 percent but less than 3.5 percent, the 
     Attorney General and the Secretary of State shall place the 
     program country in probationary status for a period not to 
     exceed 3 full fiscal years following the year in which the 
     designation of the country as a pilot program country is 
     made.
       ``(C) If the program country's disqualification rate is 3.5 
     percent or more, the Attorney General and the Secretary of 
     State, acting jointly, shall terminate the country's 
     designation effective at the beginning of the second fiscal 
     year following the fiscal year in which the determination is 
     made.
       ``(2) End of probationary status.--(A) If the Attorney 
     General and the Secretary of State, acting jointly, determine 
     at the end of the probationary period described in 
     subparagraph (B) that the program country's disqualification 
     rate is less than 2 percent, they shall redesignate the 
     country as a program country.
       ``(B) If the Attorney General and the Secretary of State, 
     acting jointly, determine at the end of the probationary 
     period described in subparagraph (B) that a visa waiver 
     country has--
       ``(i) failed to develop a machine readable passport program 
     as required by subparagraph (C) of subsection (c)(2), or
       ``(ii) has a disqualification rate of 2 percent or more,
     then the Attorney General and the Secretary of State shall 
     jointly terminate the designation of the country as a visa 
     waiver program country, effective at the beginning of the 
     first fiscal year following the fiscal year in which in the 
     determination is made.
       ``(3) Discretionary termination.--Notwithstanding any other 
     provision of this section, the Attorney General and the 
     Secretary of State, acting jointly, may for any reason 
     (including national security or failure to meet any other 
     requirement of this section), at any time, rescind any waiver 
     under subsection (a) or terminate any designation under 
     subsection (c), effective upon such date as they shall 
     jointly determine.
       ``(4) Effective date of termination.--Nationals of a 
     country whose eligibility for the program is terminated by 
     the Attorney General and the Secretary of State, acting 
     jointly, may continue to have paragraph (7)(B)(i)(II) of 
     section 212(a) waived, as authorized by subsection (a), until 
     the country's termination of designation becomes effective as 
     provided in this subsection.
       ``(5) Nonapplicability of certain provisions.--Paragraphs 
     (1)(C) and (3) shall not apply unless the total number of 
     nationals of a designated country, as described in paragraph 
     (6)(A), is in excess of 100.
       ``(6) Definition.--For purposes of this subsection, the 
     term `disqualification rate' means the ratio of--
       ``(A) the total number of nationals of the visa waiver 
     program country--
       ``(i) who were excluded from admission or withdrew their 
     application for admission during the most recent fiscal year 
     for which data is available, and
       ``(ii) who were admitted as nonimmigrant visitors during 
     such fiscal year and who violated the terms of such 
     admission, to
       ``(B) the total number of nationals of that country who 
     applied for admission as nonimmigrant visitors during such 
     fiscal year.''.

[[Page S4756]]

     SEC. 303. TECHNICAL AMENDMENT.

       Section 212(d)(11) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(d)(11)) is amended by inserting a ``comma'' 
     after ``(4) thereof)''.

     SEC. 304. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM 
                   IMMIGRATION CHECKPOINTS.

       (a) Findings.--Congress makes the following findings:
       (1) Immigration checkpoints are an important component of 
     the national strategy to prevent illegal immigration.
       (2) Individuals fleeing immigration checkpoints and leading 
     law enforcement officials on high speed vehicle chases 
     endanger law enforcement officers, innocent bystanders, and 
     the fleeing individuals themselves.
       (3) The pursuit of suspects fleeing immigration checkpoints 
     is complicated by overlapping jurisdiction among Federal, 
     State, and local law enforcement officers.
       (b) High Speed Flight from Border Checkpoints.--Chapter 35 
     of title 18, United States Code, is amended by inserting the 
     following new section:

     ``Sec. 758. High speed flight from immigration checkpoint

       ``(a) Whoever flees or evades a checkpoint operated by the 
     Immigration and Naturalization Service or any other Federal 
     law enforcement agency in a motor vehicle after entering the 
     United States and flees Federal, State, or local law 
     enforcement agents in excess of the legal speed limit shall 
     be imprisoned not more than five years.''.
       (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 
     U.S.C. 1251(a)(2)(A)) of title 8, United States Code, is 
     amended by inserting the following new subsection:
       ``(v) High Speed Flight.--Any alien who is convicted of 
     high speed flight from a checkpoint (as defined by section 
     758(a) of chapter 35) is deportable.''.

     SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CITIZEN 
                   MOTHERS; TRANSMISSION REQUIREMENTS.

       (a) Amendments to Immigration and Nationality Act Technical 
     Corrections Act of 1994.--Section 101(d) of the Immigration 
     and Nationality Technical Corrections Act of 1994 (Public Law 
     103-416) is amended to read as follows:
       ``(d) Applicability of transmission requirements.--
     Notwithstanding this section and the amendments made by this 
     section, any provision of law relating to residence or 
     physical presence in the United States for purposes of 
     transmitting United States citizenship shall apply to any 
     person whose claim of citizenship is based on the amendment 
     made by subsection (a), and to any person through whom such a 
     claim of citizenship is derived.''.
       (b) Effective Date.--The amendment made by this section 
     shall be deemed to have become effective as of the date of 
     enactment of the Immigration and Nationality Technical 
     Corrections Act of 1994.

     SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

       The Secretary of State may establish a fee to be paid by 
     each immigrant issued a visa under subsection (c) of section 
     203 of the Immigration and Nationality Act (8 U.S.C. 
     1153(c)). Such fee may be set at a level so as to cover the 
     full cost to the Department of State of administering that 
     subsection, including the cost of processing all applications 
     thereunder. All such fees collected shall be deposited as an 
     offsetting collection to any Department of State 
     appropriation and shall remain available for obligation until 
     expended. The provisions of the Act of August 18, 1856 (Rev. 
     Stat. 1726-28; 22 U.S.C. 4212-14), concerning accounting for 
     consular fees, shall not apply to fees collected pursuant to 
     this section.

     SEC. 307. SUPPORT OF DEMONSTRATION PROJECTS FOR 
                   NATURALIZATION CEREMONIES.

       (a) Findings.--The Congress makes the following findings:
       (1) American democracy performs best when the maximum 
     number of people subject to its laws participate in the 
     political process, at all levels of government.
       (2) Citizenship actively exercised will better assure that 
     individuals both assert their rights and fulfill their 
     responsibilities of membership within our political 
     community, thereby benefiting all citizens and residents of 
     the United States.
       (3) A number of private and charitable organizations assist 
     in promoting citizenship, and the Senate urges them to 
     continue to do so.
       (b) Demonstration Projects.--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.
       (c) 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.
       (d) 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 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 Examinations Fee Account, under section 286(n) of 
     the Immigration and Nationality Act) shall be available under 
     this section.
       (e) 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.
       (f) State Defined.--For purposes of 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)).

     SEC. 308. REVIEW OF CONTRACTS WITH ENGLISH AND CIVICS TEST 
                   ENTITIES.

       (a) In General.--The Attorney General of the United States 
     shall investigate and submit a report to the Congress 
     regarding the practices of test entities authorized to 
     administer the English and civics tests pursuant to section 
     312.3(a) of title 8, Code of Federal Regulations. The report 
     shall include any findings of fraudulent practices by the 
     testing entities.
       (b) Preliminary and Final Reports.--Not later than 90 days 
     after the date of the enactment of this Act, the Attorney 
     General shall submit to the Congress a preliminary report of 
     the findings of the investigation conducted pursuant to 
     subsection (a) and shall submit to the Congress a final 
     report within 275 days after the submission of the 
     preliminary report.

     SEC. 309. DESIGNATION OF A UNITED STATES CUSTOMS 
                   ADMINISTRATIVE BUILDING.

       (a) Designation.--The United States Customs Administrative 
     Building at the Ysleta/Zaragosa Port of Entry located at 797 
     South Zaragosa Road in El Paso, Texas, shall be known and 
     designated as the ``Timothy C. McCaghren Customs 
     Administrative Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in section 1 shall be deemed to be a 
     reference to the ``Timothy C. McCaghren Customs 
     Administrative Building''.

     SEC. 310. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
                   WITH RESPECT TO INTERNATIONAL MEDICAL 
                   GRADUATES.

       (a) Extension of Waiver Program.--Section 220(c) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (8 U.S.C. 1182 note) is amended by striking ``June 1, 1996'' 
     and inserting ``June 1, 2002''.
       (b) Conditions on Federally Requested Waivers.--Section 
     212(e) of the Immigration and Nationality Act (8 U.S.C. 
     1184(e)) is amended by inserting after ``except that in the 
     case of a waiver requested by a State Department of Public 
     Health or its equivalent'' the following: ``or in the case of 
     a waiver requested by an interested United States Government 
     agency on behalf of an alien described in clause (iii)''.
       (c) Restrictions on Federally Requested Waivers.--Section 
     214(k) (8 U.S.C. 1184(k)) is amended to read as follows:
       ``(k)(1) In the case of a request by an interested State 
     agency or by an interested United States Government agency 
     for a waiver of the two-year foreign residence requirement 
     under section 212(e) with respect to an alien described in 
     clause (iii) of that section, the Attorney General shall not 
     grant such waiver unless--
       ``(A) in the case of an alien who is otherwise 
     contractually obligated to return to a foreign country, the 
     government of such country furnishes the Director of the 
     United States Information Agency with a statement in writing 
     that it has no objection to such waiver; and
       ``(B)(i) in the case of a request by an interested State 
     agency--
       ``(I) the alien demonstrates a bona fide offer of full-time 
     employment, agrees to begin employment with the health 
     facility or organization named in the waiver application 
     within 90 days of receiving such waiver, and agrees to work 
     for a total of not less than three years (unless the Attorney 
     General determines that extenuating circumstances exist, such 
     as closure of the facility or hardship to the alien would 
     justify a lesser period of time); and
       ``(II) the alien's employment continues to benefit the 
     public interest; or
       ``(ii) in the case of a request by an interested United 
     States Government agency--
       ``(I) the alien demonstrates a bona fide offer of full-time 
     employment that has been found to be in the public interest, 
     agrees to begin employment with the health facility or 
     organization named in the waiver application within 90 days 
     of receiving such waiver, and agrees to work for a total of 
     not less than three years (unless the Attorney General 
     determines that extenuating circumstances exist, such as 
     closure of the facility or hardship to the alien would 
     justify a lesser period of time); and
       ``(II) the alien's employment continues to benefit the 
     public interest;
       ``(C) in the case of a request by an interested State 
     agency, the alien agrees to practice medicine in accordance 
     with paragraph (2) for a total of not less than three years 
     only in the geographic area or areas which are designated by

[[Page S4757]]

     the Secretary of Health and Human Services as having a 
     shortage of health care professionals; and
       ``(D) in the case of a request by an interested State 
     agency, the grant of such a waiver would not cause the number 
     of waivers allotted for that State for that fiscal year to 
     exceed 20.
       ``(2)(A) Notwithstanding section 248(2) the Attorney 
     General may change the status of an alien that qualifies 
     under this subsection and section 212(e) to that of an alien 
     described in section 101(a)(15)(H)(i)(b).
       ``(B) No person who has obtained a change of status under 
     subparagraph (A) and who has failed to fulfill the terms of 
     the contract with the health facility or organization named 
     in the waiver application shall be eligible to apply for an 
     immigrant visa, for permanent residence, or for any other 
     change of nonimmigrant status until it is established that 
     such person has resided and been physically present in the 
     country of his nationality or his last residence for an 
     aggregate of at least two years following departure from the 
     United States.
       ``(3) Notwithstanding any other provisions of this 
     subsection, the two-year foreign residence requirement under 
     section 212(e) shall apply with respect to an alien in clause 
     (iii) of that section who has not otherwise been accorded 
     status under section 101(a)(27)(H)--
       ``(A) in the case of a request by an interested State 
     agency, if at any time the alien practices medicine in an 
     area other than an area described in paragraph (1)(C); and
       ``(B) in the case of a request by an interested United 
     States Government agency, if at any time the alien engages in 
     employment for a health facility or organization not named in 
     the waiver application.''.

     SEC. 311. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND 
                   PETITIONS FOR PROFESSIONAL ATHLETES.

       (a) Labor Certification.--Section 212(a)(5) is amended by 
     adding at the end the following:
       ``(D) Professional athletes.--The labor certification 
     received for a professional athlete shall remain valid for 
     that athlete after the athlete changes employer if the new 
     employer is a team in the same sport as the team which 
     employed the athlete when he first applied for labor 
     certification hereunder. For purposes of this subparagraph, 
     the term `professional athlete' means an individual who is 
     employed as an athlete by a team that belongs to the National 
     Hockey League, the National Football League, the National 
     Basketball Association, Major League Baseball, or any minor 
     league which is affiliated with one of the forgoing 
     leagues.''.
       (b) Petitions.--Section 204(a)(1)(D) is amended by adding 
     at the end the following new sentences: ``A petition for a 
     professional athlete will remain valid for that athlete after 
     the athlete changes employers provided that the new employer 
     is a team in the same sport as the team which employed the 
     athlete when he first applied for labor certification 
     hereunder. For purposes of the preceding sentence, the term 
     `professional athlete' means an individual who is employed as 
     an athlete by a team that belongs to the National Hockey 
     League, the National Football League, the National Basketball 
     Association, Major League Baseball, or any minor league which 
     is affiliated with one of the foregoing leagues.''.

     SEC. 312. MAIL-ORDER BRIDE BUSINESS.

       (a) Congressional Findings.--The Congress makes the 
     following findings:
       (1) There is a substantial ``mail-order bride'' business in 
     the United States. With approximately 200 companies in the 
     United States, an estimated 2,000 to 3,500 American men find 
     wives through mail-order bride catalogs each year. However, 
     there are no official statistics available on the number of 
     mail-order brides entering the United States each year.
       (2) The companies engaged in the mail-order bride business 
     earn substantial profits from their businesses.
       (3) Although many of these mail-order marriages work out, 
     in many other cases, anecdotal evidence suggests that mail-
     order brides often find themselves in abusive relationships. 
     There is also evidence to suggest that a substantial number 
     of mail-order marriages constitute marriage fraud under 
     United States law.
       (4) Many mail-order brides come to the United States 
     unaware or ignorant of United States immigration law. Mail-
     order brides who are battered spouses often think that if 
     they flee an abusive marriage, they will be deported. Often 
     the citizen spouse threatens to have them deported if they 
     report the abuse.
       (5) The Immigration and Naturalization Service estimates 
     the rate of marriage fraud between foreign nationals and 
     United States citizens or legal permanent residents as eight 
     percent. It is unclear what percent of those marriage fraud 
     cases originated as mail-order marriages.
       (b) Information Dissemination.--Each international 
     matchmaking organization doing business in the United States 
     shall disseminate to recruits, upon recruitment, such 
     immigration and naturalization information as the Immigration 
     and Naturalization Service deems appropriate, in the 
     recruit's native language, including information regarding 
     conditional permanent residence status, permanent resident 
     status, the battered spouse waiver of conditional permanent 
     resident status requirement, marriage fraud penalties, 
     immigrants' rights, the unregulated nature of the business, 
     and the study mandated in subsection (c).
       (c) Study.--The Attorney General, in consultation with the 
     Commissioner of Immigration and Naturalization and the 
     Violence Against Women Office of the Department of Justice, 
     shall conduct a study to determine, among other things--
       (1) the number of mail-order marriages;
       (2) the extent of marriage fraud arising as a result of the 
     services provided by international matchmaking organizations;
       (3) the extent to which mail-order spouses utilize section 
     244(a)(3) of the Immigration and Nationality Act providing 
     for waiver of deportation in the event of abuse, or section 
     204(a)(1)(A)(iii) of such Act providing for self-petitioning 
     for permanent resident status;
       (4) the extent of domestic abuse in mail-order marriages; 
     and
       (5) the need for continued or expanded regulation and 
     education to implement the objectives of the Violence Against 
     Women Act of 1994 in this area.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Congress setting forth the results of the study 
     conducted under subsection (c).
       (e) Civil Penalty.--(1) The Attorney General shall impose a 
     civil penalty of not to exceed $20,000 for each violation of 
     subsection (b).
       (2) Any penalty under paragraph (1) may be imposed only 
     after notice and opportunity for an agency hearing on the 
     record in accordance with sections 554 through 557 of title 
     5, United States Code.
       (f) Definitions.--As used in this section:
       (1) International matchmaking organization.--The term 
     ``international matchmaking organization'' means a 
     corporation, partnership, business, or other legal entity, 
     whether or not organized under the laws of the United States 
     or any State, that does business in the United States and for 
     profit offers to United States citizens or permanent resident 
     aliens, dating, matrimonial, or social referral services to 
     nonresident, noncitizens, by--
       (A) an exchange of names, telephone numbers, addresses, or 
     statistics;
       (B) selection of photographs; or
       (C) a social environment provided by the organization in a 
     country other than the United States.
       (2) Recruit.--The term ``recruit'' means a noncitizen, 
     nonresident person, recruited by the international 
     matchmaking organization for the purpose of providing dating, 
     matrimonial, or social referral services to United States 
     citizens or permanent resident aliens.

     SEC. 313. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

       Section 130002(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
       (1) by inserting ``and'' after ``1996;'', and
       (2) by striking paragraph (2) and all that follows through 
     the end period and inserting the following:
       ``(2) $5,000,000 for each of fiscal years 1997 through 
     2001.''.

     SEC. 314. BORDER PATROL MUSEUM

       (a) Authority.--Notwithstanding section 203 of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     484) or any other provision of law, the Attorney General is 
     authorized to transfer and convey to the Border Patrol Museum 
     and Memorial Library Foundation, incorporated in the State of 
     Texas, such equipment, artifacts, and memorabilia held by the 
     Immigration and Naturalization Service, as the Attorney 
     General may determine is necessary to further the purposes of 
     the Museum and Foundation.
       (b) Technical Assistance.--The Attorney General is 
     authorized to provide technical assistance, through the 
     detail of personnel of the Immigration and Naturalization 
     Service, to the Border Patrol Museum and Memorial Library 
     Foundation for the purpose of demonstrating the use of the 
     items transferred under subsection (a).

     SEC. 315. PILOT PROGRAMS TO PERMIT BONDING.

       (a) In General.--The Attorney General of the United States 
     shall establish a pilot program in 5 INS district offices (at 
     least 2 of which are in States selected for a demonstration 
     project under section 112 of this Act) to require aliens to 
     post a bond in lieu of the affidavit requirements in section 
     203 of the Immigration Control and Financial Responsibility 
     Act of 1996 and the deeming requirements in section 204 of 
     such Act. Any pilot program established pursuant to this 
     subsection shall require an alien to post a bond in an amount 
     sufficient to cover the cost of benefits for the alien and 
     the alien's dependents under the programs described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act 
     (8 U.S.C. 1251(a)(5)(D)) and shall remain in effect until the 
     alien and all members of the alien's family permanently 
     depart from the United States, are naturalized, or die. Suit 
     on any such bonds may be brought under the terms and 
     conditions set forth in section 213 of the Immigration and 
     Nationality Act.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General shall issue 
     regulations for establishing the pilot programs, including--
       (1) criteria and procedures for--
       (A) certifying bonding companies for participation in the 
     program, and
       (B) debarment of any such company that fails to pay a bond, 
     and
       (2) criteria for setting the amount of the bond to assure 
     that the bond is in an amount that is not less than the cost 
     of providing benefits under the programs described in section 
     241(a)(5)(D) for the alien and the alien's dependents for 6 
     months.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (d) Annual Reporting Requirement.--The Attorney General 
     shall report annually to Congress on the effectiveness of the 
     pilot program, once within 9 months and again within 1 year 
     and 9 months after the pilot program begins operating.
       (e) Sunset.--The pilot program shall sunset after 2 years 
     of operation.

[[Page S4758]]

     SEC. 316. MINIMUM STATE INS PRESENCE.

       (a) In General.--Section 103 (8 U.S.C. 1103) is amended by 
     adding at the end the following new subsection:
       ``(e) The Attorney General shall ensure that no State is 
     allocated fewer than 10 full-time active duty agents of the 
     Immigration and Naturalization Service to carry out the 
     enforcement, examinations, and inspections functions of the 
     Service for the purposes of effective enforcement of the 
     Immigration and Nationality Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of enactment of this 
     Act.

     SEC. 317. DISQUALIFICATION FROM ATTAINING NONIMMIGRANT OR 
                   PERMANENT RESIDENCE STATUS.

       (a) Disapproval of Petitions.--Section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) is amended by 
     adding at the end the following new subsection:
       ``(i) Restrictions on future entry of aliens apprehended 
     for violating immigration laws.
       ``(1) The Attorney General may not approve any petition for 
     lawful permanent residence status filed by an alien or any 
     person on behalf of an alien (other than petitions filed by 
     or on behalf of spouses of United States citizens or of 
     aliens lawfully admitted for permanent residence) who has at 
     any time been apprehended in the United States for (A) entry 
     without inspection, or (B) failing to depart from the United 
     States within one year of the expiration of any nonimmigrant 
     visa, until the date that is ten years after the alien's 
     departure or removal from the United States.''.
       (b) Violation of Immigration Law as Grounds for 
     Exclusion.--Section 212(a)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)) is amended by adding at 
     the end the following new subparagraph:
       ``(G) Any alien who (i) has at any time been apprehended in 
     the United States for entry without inspection, or (ii) has 
     failed to depart from the United States within one year of 
     the expiration date of any nonimmigrant visa, unless such 
     alien has applied for and been granted asylum or refugee 
     status in the United States or has a bona fide application 
     for asylum pending, is excludable until the date that is ten 
     years after the alien's departure or removal from the United 
     States.''.
       (c) Denial of Adjustment of Status.--Section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)) is 
     amended--
       (1) by striking ``or (5)'' and inserting ``(5)''; and
       (2) by inserting before the period the following: ``or (6) 
     any alien who (A) has at any time been apprehended in the 
     United States for entry without inspection, or (B) has failed 
     to depart from the United States within one year of the 
     expiration under section 208 date of any nonimmigrant visa, 
     unless such alien has applied for and been granted asylum or 
     refugee status in the United States or has a bona fide 
     application for asylum pending''.
       (d) Exceptions.--Section 245 (8 U.S.C. 1254) is amended by 
     adding at the end the following new subsection:
       ``(k) The following periods of time shall be excluded from 
     the determination of periods of unauthorized stay under 
     subsection (c)(6)(B) and section 204(i):
       (1) Any period of time in which an alien is under 18 years 
     of age.
       (2) Any period of time in which an alien has a bona fide 
     application for asylum pending under section 208.
       (3) Any period of time during 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.
       (4) Any period of time during which the alien is a 
     beneficiary of family unity protection pursuant to section 
     301 on the Immigration Act of 1990.
       (5) Any period of time for which the alien demonstrates 
     good cause for remaining in the United States without the 
     authorization of the Attorney General.

     SEC. 318. PASSPORTS ISSUED FOR CHILDREN UNDER 16.

       (a) In General.--Section 1 of title IX of the Act of June 
     15, 1917 (22 U.S.C. 213) is amended--
       (1) by striking ``Before'' and insert ``(a) In General.--
     Before'', and
       (2) by adding at the end the following new subsection:
       ``(b) Passports Issued for Children Under 16.--
       ``(1) Signatures required.--In the case of a child under 
     the age of 16, the written application required as a 
     prerequisite to the issuance of a passport for such child 
     shall be signed by--
       ``(A) both parents of the child if the child lives with 
     both parents;
       ``(B) the parent of the child having primary custody of the 
     child if the child does not live with both parents; or
       ``(C) the surviving parent (or legal guardian) of the 
     child, if 1 or both parents are deceased.
       ``(2) Waiver.--The Secretary of State may waive the 
     requirements of paragraph (1)(A) if the Secretary determines 
     that circumstances do not permit obtaining the signatures of 
     both parents.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to applications for passports filed on or after 
     the date of enactment of this Act.

     SEC. 319. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY 
                   PROGRAM.

       Section 301(e) of the Immigration Act of 1990 (8 U.S.C. 
     1255a note) is amended to read as follows:
       ``(e) Exception for Certain Aliens.--An alien is not 
     eligible for a new grant or extension of benefits of this 
     section if the Attorney General finds that the alien--
       ``(1) has been convicted of a felony or 3 or more 
     misdemeanors in the United States,
       ``(2) is described in section 243(h)(2) of the Immigration 
     and Nationality Act, or
       ``(3) has committed an act of juvenile delinquency which if 
     committed by an adult would be classified as--
       ``(A) a felony crime of violence that has an element the 
     use or attempted use of physical force against the person of 
     another; or
       ``(B) a felony offense that by its nature involves a 
     substantial risk that physical force against the person of 
     another may be used in the course of committing the 
     offense.''.

     SEC. 320. TO ENSURE APPROPRIATELY STRINGENT PENALTIES FOR 
                   CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT 
                   AN OFFENSE UNDER THE CONTROLLED SUBSTANCES 
                   IMPORT AND EXPORT ACT.

       (a) Not later than 6 months following enactment of this 
     Act, the United States Sentencing Commission shall conduct a 
     review of the guidelines applicable to an offender who 
     conspires with, or aids or abets, a person who is not a 
     citizen or national of the United States in committing any 
     offense under section 1010 of the Controlled Substance Import 
     and Export Act (21 U.S.C. 960).
       (b) Following such review, pursuant to section 994(p) of 
     title 28, United States Code, the Commission shall promulgate 
     sentencing guidelines or amend existing sentencing guidelines 
     to ensure an appropriately stringent sentence for such 
     offenders.

     SEC. 321. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS 
                   PROGRAM.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that the enactment of this Act may impact the future 
     availability of an adequate work force for the producers of 
     our Nation's labor intensive agricultural commodities and 
     livestock.
       (b) Review.--The Comptroller General shall review the 
     effectiveness of the H-2A nonimmigrant worker program to 
     ensure that the program provides a workable safety valve in 
     the event of future shortages of domestic workers after the 
     enactment of this Act. Among other things, the Comptroller 
     General shall review the program to determine--
       (1) that the program ensures that an adequate supply of 
     qualified United States workers is available at the time and 
     place needed for employers seeking such workers after the 
     date of enactment of this Act;
       (2) that the program ensures that there is timely approval 
     of applications for temporary foreign workers under the H-2A 
     nonimmigrant worker program in the event of shortages of 
     United States workers after the date of enactment of this 
     Act;
       (3) that the program ensures that implementation of the H-
     2A nonimmigrant worker program is not displacing United 
     States agricultural workers or diminishing the terms and 
     conditions of employment of United States agricultural 
     workers; and
       (4) if and to what extent the H-2A nonimmigrant worker 
     program is contributing to the problem of illegal 
     immigration.
       (c) Report.--Not later than December 31, 1996, or three 
     months after the date of enactment of this Act, whichever is 
     sooner, the Comptroller General shall submit a report to 
     Congress setting forth the findings of the review conducted 
     under subsection (b).
       (d) Definitions.--As used in this section--
       (1) the term ``Comptroller General'' means the Comptroller 
     General of the United States; and
       (2) the term ``H-2A nonimmigrant worker program'' means the 
     program for the admission of nonimmigrant aliens described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act.

     SEC. 322. FINDINGS RELATED TO THE ROLE OF INTERIOR BORDER 
                   PATROL STATIONS.

       The Congress makes the following findings:
       (1) The Immigration and Naturalization Service has drafted 
     a preliminary plan for the removal of 200 Border Patrol 
     agents from interior stations and the transfer of these 
     agents to the Southwest border.
       (2) The INS has stated that it intends to carry out this 
     transfer without disrupting service and support to the 
     communities in which interior stations are located.
       (3) Briefings conducted by INS personnel in communities 
     with interior Border Patrol stations have revealed that 
     Border Patrol agents at interior stations, particularly those 
     located in Southwest border States, perform valuable law 
     enforcement functions that cannot be performed by other INS 
     personnel.
       (4) The transfer of 200 Border Patrol agents from interior 
     stations to the Southwest border, which would not increase 
     the total number of law enforcement personnel at INS, would 
     cost the Federal Government approximately $12,000,000.
       (5) The cost to the Federal Government of hiring new 
     criminal investigators and other personnel for interior 
     stations is likely to be greater than the cost of retaining 
     Border Patrol agents at interior stations.
       (6) The first recommendation of the report by the National 
     Task Force on Immigration was to increase the number of 
     Border Patrol agents at the interior stations.
       (7) Therefore, it is the sense of the Congress that--
       (A) the United States Border Patrol plays a key role in 
     apprehending and deporting undocumented aliens throughout the 
     United States;
       (B) interior Border Patrol stations play a unique and 
     critical role in the agency's enforcement mission and serve 
     as an invaluable second line of defense in controlling 
     illegal immigration and its penetration to the interior of 
     our country;
       (C) a permanent redeployment of Border Patrol agents from 
     interior stations is not the most

[[Page S4759]]

     cost-effective way to meet enforcement needs along the 
     Southwest border, and should only be done where new Border 
     Patrol agents cannot practicably be assigned to meet 
     enforcement needs along the Southwest border; and
       (D) the INS should hire, train and assign new staff based 
     on a strong Border Patrol presence both on the Southwest 
     border and in interior stations that support border 
     enforcement.

     SEC. 323. ADMINISTRATIVE REVIEW OF ORDERS.

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

     SEC. 324. 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 clause (i) 
     and inserting the following new clause:
       ``(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. 325. 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. 1436a(d)(4)(B)) is amended 
     by striking clause (i) and inserting the following new 
     clause:
       ``(i) the Secretary 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. 326. 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 clause (i) and 
     inserting the following new clause:
       ``(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. 327. 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 section 257 of 
     title 40, United States Code.
       ``(4) The Attorney General may accept for the United States 
     a gift of any interest in land identified pursuant to 
     subsection (a).''.

     SEC. 328. 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) Nothwithstanding 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. 329. 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. 330. 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.''.

     SEC. 331. 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. 332. 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.

     SEC. 333. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN 
                   CUSTOMS AGENTS.

       (a) Study and Review.--(1) Not later than 30 days after the 
     enactment of this Act, the Commissioner of the United States 
     Customs Service

[[Page S4760]]

     shall initiate a study of allegations of harassment by 
     Canadian Customs agents for the purpose of deterring cross-
     border commercial activity along the United States-New 
     Brunswick border. Such study shall include a review of the 
     possible connection between any incidents of harassment with 
     the discriminatory imposition of the New Brunswick Provincial 
     Sales Tax (PST) tax on goods purchased in the United States 
     by New Brunswick residents, and with any other activities 
     taken by the Canadian provincial and Federal Governments to 
     deter cross-border commercial activities.
       (2) In conducting the study in subparagraph (1), the 
     Commissioner shall consult with representatives of the State 
     of Maine, local governments, local businesses, and any other 
     knowledgeable persons that the Commissioner deems important 
     to the completion of the study.
       (b) Report.--Not later than 120 days after enactment of 
     this Act, the Commissioner of the United States Customs 
     Service shall submit to Congress a report of the study and 
     review detailed in subsection (a). The report shall also 
     include recommendations for steps that the United States 
     Government can take to help end harassment by Canadian 
     Customs agents found to have occurred.

     SEC. 334. SENSE OF CONGRESS ON THE DISCRIMINATORY APPLICATION 
                   OF THE NEW BRUNSWICK PROVINCIAL SALES TAX.

       (a) Findings.--The Congress finds that--
       (1) in July 1993, Canadian Customs officers began 
     collecting an 11 percent New Brunswick Provincial Sales Tax 
     (PST) tax on goods purchased in the United States by New 
     Brunswick residents, an action that has caused severe 
     economic harm to United States businesses located in 
     proximity to the border with New Brunswick;
       (2) this impediment to cross-border trade compounds the 
     damage already done from the Canadian government's imposition 
     of a 7 percent tax on all goods bought by Canadians in the 
     United States;
       (3) collection of the New Brunswick Provincial Sales Tax on 
     goods purchased outside of New Brunswick is collected only 
     along the United States-Canadian border--not along New 
     Brunswick's borders with other Canadian provinces--thus being 
     administered by Canadian authorities in a manner uniquely 
     discriminatory to Canadians shopping in the United States;
       (4) in February 1994, the United States Trade 
     Representative (USTR) publicly stated an intention to seek 
     redress from the discriminatory application of the PST under 
     the dispute resolution process in chapter 20 of the North 
     American Free Trade Agreement (NAFTA), but the United States 
     Government has still not made such a claim under NAFTA 
     procedures; and
       (5) initially, the USTR argued that filing a PST claim was 
     delayed only because the dispute mechanism under NAFTA had 
     not yet been finalized, but more than a year after such 
     mechanism has been put in place, the PST claim has still not 
     been put forward by the USTR.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Provincial Sales Tax levied by the Canadian 
     Province of New Brunswick on Canadian citizens of that 
     province who purchase goods in the United States raises 
     questions about the possible violation of the North American 
     Free Trade Agreement in its discriminatory application to 
     cross-border trade with the United States and damages good 
     relations between the United States and Canada; and
       (2) the United States Trade Representative should move 
     forward without further delay in seeking redress under the 
     dispute resolution process in chapter 20 of the North 
     American Free Trade Agreement for the discriminatory 
     application of the New Brunswick Provincial Sales Tax on 
     United States-Canada cross-border trade.

     SEC. 335. FEMALE GENITAL MUTILATION.

       (a) Congressional Findings.--The Congress finds that--
       (1) the practice of female genital mutilation is carried 
     out by members of certain cultural and religious groups 
     within the United States;
       (2) the practice of female genital mutilation often results 
     in the occurrence of physical and psychological health 
     effects that harm the women involved;
       (3) such mutilation infringes upon the guarantees of rights 
     secured by Federal and State law, both statutory and 
     constitutional;
       (4) the unique circumstances surrounding the practice of 
     female genital mutilation place it beyond the ability of any 
     single State or local jurisdiction to control;
       (5) the practice of female genital mutilation can be 
     prohibited without abridging the exercise of any rights 
     guaranteed under the First Amendment to the Constitution or 
     under any other law; and
       (6) Congress has the affirmative power under section 8 of 
     article I, the necessary and proper clause, section 5 of the 
     Fourteenth Amendment, as well as under the treaty clause of 
     the Constitution to enact such legislation.
       (b) Criminal Conduct.--
       (1) In general.--Chapter 7 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Female genital mutilation

       ``(a) Except as provided in subsection (b), whoever 
     knowingly circumcises, excises, or infibulates the whole or 
     any part of the labia majora or labia minora or clitoris of 
     another person who has not attained the age of 18 years shall 
     be fined under this title or imprisoned not more than 5 
     years, or both.
       ``(b) A surgical operation is not a violation of this 
     section if the operation is--
       ``(1) necessary to the health of the person on whom it is 
     performed, and is performed by a person licensed in the place 
     of its performance as a medical practitioner; or
       ``(2) performed on a person in labor or who has just given 
     birth and is performed for medical purposes connected with 
     that labor or birth by a person licensed in the place it is 
     performed as a medical practitioner, midwife, or person in 
     training to become such a practitioner or midwife.
       ``(c) In applying subsection (b)(1), no account shall be 
     taken of the effect on the person on whom the operation is to 
     be performed of any belief on the part of that or any other 
     person that the operation is required as a matter of custom 
     or ritual.
       ``(d) Whoever knowingly denies to any person medical care 
     or services or otherwise discriminates against any person in 
     the provision of medical care or services, because--
       ``(1) that person has undergone female circumcision, 
     excision, or infibulation; or
       ``(2) that person has requested that female circumcision, 
     excision, or infibulation be performed on any person;
     shall be fined under this title or imprisoned not more than 
     one year, or both.''.
       (2) Conforming amendment.--The table of sections at the 
     beginning of chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``116. Female genital mutilation.''.

       (c) Effective Date.--Subsection (b) shall take effect on 
     the date that is 180 days after the date of the enactment of 
     this Act.

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