[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10841-H10907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 2202, ILLEGAL IMMIGRATION REFORM AND 
                  IMMIGRANT RESPONSIBILITY ACT OF 1996

  Mr. SMITH of Texas submitted the following conference report and 
statement on the bill (H.R. 2202) to amend the Immigration and 
Nationality Act

[[Page H10842]]

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:

                  Conference Report (H. Rept. 104-828)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to 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 
     the 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, 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND 
                   NATIONALITY ACT; APPLICATION OF DEFINITIONS OF 
                   SUCH ACT; TABLE OF CONTENTS; SEVERABILITY.

       (a) Short Title.--This Act may be cited as the ``Illegal 
     Immigration Reform and Immigrant Responsibility Act of 
     1996''.
       (b) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided--
       (1) whenever in this Act an amendment or repeal is 
     expressed as the amendment or repeal of a section or other 
     provision, the reference shall be considered to be made to 
     that section or provision in the Immigration and Nationality 
     Act; and
       (2) amendments to a section or other provision are to such 
     section or other provision before any amendment made to such 
     section or other provision elsewhere in this Act.
       (c) Application of Certain Definitions.--Except as 
     otherwise specifically provided in this Act, for purposes of 
     titles I and VI of this Act, the terms ``alien'', ``Attorney 
     General'', ``border crossing identification card'', 
     ``entry'', ``immigrant'', ``immigrant visa'', ``lawfully 
     admitted for permanent residence'', ``national'', 
     ``naturalization'', ``refugee'', ``State'', and ``United 
     States'' shall have the meaning given such terms in section 
     101(a) of the Immigration and Nationality Act.
       (d) Table of Contents.--The table of contents for this Act 
     is as follows:

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

 TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY, 
                        AND INTERIOR ENFORCEMENT

             Subtitle A--Improved Enforcement at the Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration 
              checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol 
              positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.

                Subtitle B--Facilitation of Legal Entry

Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent 
              documents.
Sec. 125. Preclearance authority.

                    Subtitle C--Interior Enforcement

Sec. 131. Authorization of appropriations for increase in number of 
              certain investigators.
Sec. 132. Authorization of appropriations for increase in number of 
              investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration 
              enforcement.
Sec. 134. Minimum State INS presence.

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

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

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

                Subtitle B--Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of 
              government-issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document 
              fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer 
              of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which 
              fails to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.

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

        Subtitle A--Revision of Procedures for Removal of Aliens

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

                 Subtitle B--Criminal Alien Provisions

Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or 
              criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance 
              program.
Sec. 329. Demonstration project for identification of illegal aliens in 
              incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit 
              an offense under the Controlled Substances Import and 
              Export Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry, 
              and passport and visa fraud.

     Subtitle C--Revision of Grounds for Exclusion and Deportation

Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false 
              documentation to terrorists as a basis for exclusion from 
              the United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain 
              section 274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for 
              certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for 
              deportation.
Sec. 351. Clarification of date as of which relationship required for 
              waiver from exclusion or deportation for smuggling.
Sec. 352. Exclusion of former citizens who renounced citizenship to 
              avoid United States taxation.
Sec. 353. References to changes elsewhere in Act.

      Subtitle D--Changes in Removal of Alien Terrorist Provisions

Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorists organizations.

[[Page H10843]]

Sec. 356. Standard for judicial review of terrorist organization 
              designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.

                  Subtitle E--Transportation of Aliens

Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.

                   Subtitle F--Additional Provisions

Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the 
              Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention 
              space.
Sec. 387. Pilot program on use of closed military bases for the 
              detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.

      Subtitle B--Other Provisions Relating to Employer Sanctions

Sec. 411. Limiting liability for certain technical violations of 
              paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions 
              program.
Sec. 413. Report on additional authority or resources needed for 
              enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.

      Subtitle C--Unfair Immigration-Related Employment Practices

Sec. 421. Treatment of certain documentary practices as unfair 
              immigration-related employment practices.

              TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 500. Statements of national policy concerning public benefits and 
              immigration.

 Subtitle A--Ineligibility of Excludable, Deportable, and Nonimmigrant 
               Aliens From Public Assistance and Benefits

Sec. 501. Means-tested public benefits.
Sec. 502. Grants, contracts, and licenses.
Sec. 503. Unemployment benefits.
Sec. 504. Social security benefits.
Sec. 505. Requiring proof of identity for certain public assistance.
Sec. 506. Authorization for States to require proof of eligibility for 
              State programs.
Sec. 507. Limitation on eligibility for preferential treatment of 
              aliens not lawfully present on basis of residence for 
              higher education benefits.
Sec. 508. Verification of student eligibility for postsecondary Federal 
              student financial assistance.
Sec. 509. Verification of immigration status for purposes of social 
              security and higher educational assistance.
Sec. 510. No verification requirement for nonprofit charitable 
              organizations.
Sec. 511. GAO study of provision of means-tested public benefits to 
              ineligible aliens on behalf of eligible individuals.

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

Sec. 531. Ground for exclusion.
Sec. 532. Ground for deportation.

      Subtitle C--Affidavits of Support and Attribution of Income

Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Attribution of sponsor's income and resources to sponsored 
              immigrants.
Sec. 553. Attribution of sponsor's income and resources authority for 
              State and local governments.
Sec. 554. Authority of States and political subdivisions of States to 
              limit assistance to aliens and to distinguish among 
              classes of aliens in providing general cash public 
              assistance.

                  Subtitle D--Miscellaneous Provisions

Sec. 561. Increased maximum criminal penalties for forging or 
              counterfeiting seal of a Federal department or agency to 
              facilitate benefit fraud by an unlawful alien.
Sec. 562. Computation of targeted assistance.
Sec. 563. Treatment of expenses subject to emergency medical services 
              exception.
Sec. 564. Reimbursement of States and localities for emergency 
              ambulance services.
Sec. 565. Pilot programs to require bonding.
Sec. 566. Reports.

                     Subtitle E--Housing Assistance

Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for 
              financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial 
              assistance eligibility determinations.
Sec. 576. Regulations.
Sec. 577. Report on housing assistance programs.

                     Subtitle F--General Provisions

Sec. 591. Effective dates.
Sec. 592. Statutory construction.
Sec. 593. Not applicable to foreign assistance.
Sec. 594. Notification.
Sec. 595. Definitions.

                   TITLE VI--MISCELLANEOUS PROVISIONS

                Subtitle A--Refugees, Parole, and Asylum

Sec. 601. Persecution for resistance to coercive population control 
              methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide 
              numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                  Act

Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect 
              to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker 
              information.
Sec. 624. Continued validity of labor certifications and classification 
              petitions for professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents 
              killed in the line of duty.

    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the 
              1995 diversity immigrant program.

                      Subtitle D--Other Provisions

Sec. 641. Program to collect information relating to nonimmigrant 
              foreign students.
Sec. 642. Communication between government agencies and the Immigration 
              and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian 
              parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products; 
              requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative 
              building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs 
              agents.
Sec. 655. Sense of Congress on discriminatory application of New 
              Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social 
              Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the 
              Immigration and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of 
              certain aliens.

                   Subtitle E--Technical Corrections

Sec. 671. Miscellaneous technical corrections.
       (e) Severability.--If any provision of this Act or the 
     application of such provision to any person or circumstances 
     is held to be unconstitutional, the remainder of this Act and 
     the application of the provisions of this Act to any person 
     or circumstance shall not be affected thereby.

[[Page H10844]]

 TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY, 
                        AND INTERIOR ENFORCEMENT
             Subtitle A--Improved Enforcement at the Border

     SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

       (a) Increased Number of Border Patrol Agents.--The Attorney 
     General in each of fiscal years 1997, 1998, 1999, 2000, and 
     2001 shall increase by not 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) Increase in Border Patrol Support Personnel.--The 
     Attorney General, in each of fiscal years 1997, 1998, 1999, 
     2000, and 2001, may increase by 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.
       (c) Deployment of Border Patrol Agents.--The Attorney 
     General shall, to the maximum extent practicable, ensure that 
     additional border patrol agents shall be deployed among 
     Immigration and Naturalization Service sectors along the 
     border in proportion to the level of illegal crossing of the 
     borders of the United States measured in each sector during 
     the preceding fiscal year and reasonably anticipated in the 
     next fiscal year.
       (d) Forward Deployment.--
       (1) In general.--The Attorney General shall forward deploy 
     existing border patrol agents in those areas of the border 
     identified as areas of high illegal entry into the United 
     States in order to provide a uniform and visible deterrent to 
     illegal entry on a continuing basis. The previous sentence 
     shall not apply to border patrol agents located at 
     checkpoints.
       (2) Preservation of law enforcement functions and 
     capabilities in interior states.--The Attorney General shall, 
     when deploying border patrol personnel from interior stations 
     to border stations, coordinate with, and act in conjunction 
     with, State and local law enforcement agencies to ensure that 
     such deployment does not degrade or compromise the law 
     enforcement capabilities and functions currently performed at 
     interior border patrol stations.
       (3) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the House of 
     Representatives and of the Senate a report on--
       (A) the progress and effectiveness of the forward 
     deployment under paragraph (1); and
       (B) the measures taken to comply with paragraph (2).

     SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

       (a) In General.--The Attorney General, in consultation with 
     the Commissioner of Immigration and Naturalization, shall 
     take such actions as may be necessary to install additional 
     physical barriers and roads (including the removal of 
     obstacles to detection of illegal entrants) in the vicinity 
     of the United States border to deter illegal crossings in 
     areas of high illegal entry into the United States.
       (b) Construction of Fencing and Road Improvements in the 
     Border Area Near San Diego, California.--
       (1) In general.--In carrying out subsection (a), the 
     Attorney General shall provide for the construction along the 
     14 miles of the international land border of the United 
     States, starting at the Pacific Ocean and extending eastward, 
     of second and third fences, in addition to the existing 
     reinforced fence, and for roads between the fences.
       (2) Prompt acquisition of necessary easements.--The 
     Attorney General, acting under the authority conferred in 
     section 103(b) of the Immigration and Nationality Act (as 
     inserted by subsection (d)), shall promptly acquire such 
     easements as may be necessary to carry out this subsection 
     and shall commence construction of fences immediately 
     following such acquisition (or conclusion of portions 
     thereof).
       (3) Safety features.--The Attorney General, while 
     constructing the additional fencing under this subsection, 
     shall incorporate such safety features into the design of the 
     fence system as are necessary to ensure the well-being of 
     border patrol agents deployed within or in near proximity to 
     the system.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection not to exceed 
     $12,000,000. Amounts appropriated under this paragraph are 
     authorized to remain available until expended.
       (c) Waiver.--The provisions of the Endangered Species Act 
     of 1973 and the National Environmental Policy Act of 1969 are 
     waived to the extent the Attorney General determines 
     necessary to ensure expeditious construction of the barriers 
     and roads under this section.
       (d) Land Acquisition Authority.--
       (1) In general.--Section 103 (8 U.S.C. 1103) is amended--
       (A) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(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 paragraph (1) 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 paragraph (1) are unable to 
     agree upon a reasonable price, the Attorney General may 
     commence condemnation proceedings pursuant to the Act of 
     August 1, 1888 (Chapter 728; 25 Stat. 357).
       ``(4) The Attorney General may accept for the United States 
     a gift of any interest in land identified pursuant to 
     paragraph (1).''.
       (2) Conforming amendment.--Section 103(e) (as so 
     redesignated by paragraph (1)(A)) is amended by striking 
     ``subsection (c)'' and inserting ``subsection (d)''.

     SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

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

     SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

       (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is 
     amended by adding at the end the following: ``Such 
     regulations shall provide that (A) each such document include 
     a biometric identifier (such as the fingerprint or handprint 
     of the alien) that is machine readable and (B) an alien 
     presenting a border crossing identification card is not 
     permitted to cross over the border into the United States 
     unless the biometric identifier contained on the card matches 
     the appropriate biometric characteristic of the alien.''.
       (b) Effective Dates.--
       (1) Clause a.--Clause (A) of the sentence added by the 
     amendment made by subsection (a) shall apply to documents 
     issued on or after 18 months after the date of the enactment 
     of this Act.
       (2) Clause b.--Clause (B) of such sentence shall apply to 
     cards presented on or after 3 years after the date of the 
     enactment of this Act.

     SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

       (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Any alien who is apprehended while entering (or 
     attempting to enter) the United States at a time or place 
     other than as designated by immigration officers shall be 
     subject to a civil penalty of--
       ``(1) at least $50 and not more than $250 for each such 
     entry (or attempted entry); or
       ``(2) twice the amount specified in paragraph (1) in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subsection.

     Civil penalties under this subsection are in addition to, and 
     not in lieu of, any criminal or other civil penalties that 
     may be imposed.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to illegal entries or attempts to enter occurring 
     on or after the first day of the sixth month beginning after 
     the date of the enactment of this Act.

     SEC. 106. HIRING AND TRAINING STANDARDS.

       (a) Review of Hiring Standards.--Not later than 60 days 
     after the date of the enactment of this Act, the Attorney 
     General shall complete a review of all prescreening and 
     hiring standards used by the Commissioner of Immigration and 
     Naturalization, and, where necessary, revise such standards 
     to ensure that they are consistent with relevant standards of 
     professionalism.
       (b) Certification.--At the conclusion of each of fiscal 
     years 1997, 1998, 1999, 2000, and 2001, the Attorney General 
     shall certify in writing to the Committees on the Judiciary 
     of the House of Representatives and of the Senate that all 
     personnel hired by the Commissioner of Immigration and 
     Naturalization for such fiscal year were hired pursuant to 
     the appropriate standards, as revised under subsection (a).
       (c) Review of Training Standards.--
       (1) Review.--Not later than 180 days after the date of the 
     enactment of this Act, the Attorney General shall complete a 
     review of the sufficiency of all training standards used by 
     the Commissioner of Immigration and Naturalization.
       (2) Report.--
       (A) In general.--Not later than 90 days after the 
     completion of the review under paragraph (1), the Attorney 
     General shall submit a report to the Committees on the 
     Judiciary of the House of Representatives and of the Senate 
     on the results of the review, including--
       (i) a description of the status of efforts to update and 
     improve training throughout the Immigration and 
     Naturalization Service; and
       (ii) an estimate of when such efforts are expected to be 
     completed.
       (B) Areas requiring future review.--The report shall 
     disclose those areas of training that the Attorney General 
     determines require further review in the future.

     SEC. 107. REPORT ON BORDER STRATEGY.

       (a) Evaluation of Strategy.--The Comptroller General of the 
     United States shall track, monitor, and evaluate the Attorney 
     General's strategy to deter illegal entry in the United 
     States to determine the efficacy of such strategy.
       (b) Cooperation.--The Attorney General, the Secretary of 
     State, and the Secretary of Defense shall cooperate with the 
     Comptroller General of the United States in carrying out 
     subsection (a).
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, and every year thereafter for the 
     succeeding 5 years, the Comptroller General of the United 
     States shall submit a report to the Committees on the 
     Judiciary of the House of Representatives and of the

[[Page H10845]]

     Senate on the results of the activities undertaken under 
     subsection (a) during the previous year. Each such report 
     shall include an analysis of the degree to which the Attorney 
     General's strategy has been effective in reducing illegal 
     entry. Each such report shall include a collection and 
     systematic analysis of data, including workload indicators, 
     related to activities to deter illegal entry and 
     recommendations to improve and increase border security at 
     the border and ports of entry.

     SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM 
                   IMMIGRATION CHECKPOINTS.

       (a) Findings.--The Congress finds as follows:
       (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 Immigration Checkpoints.--
       (1) In general.--Chapter 35 of title 18, United States 
     Code, is amended by adding at the end the following:

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

       ``Whoever flees or evades a checkpoint operated by the 
     Immigration and Naturalization Service, or any other Federal 
     law enforcement agency, in a motor vehicle and flees Federal, 
     State, or local law enforcement agents in excess of the legal 
     speed limit shall be fined under this title, imprisoned not 
     more than five years, or both.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 757 the following:

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

       (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 
     U.S.C. 1251(a)(2)(A)) is amended--
       (1) by redesignating clause (iv) as clause (v);
       (2) by inserting after clause (iii) the following:
       ``(iv) High speed flight.--Any alien who is convicted of a 
     violation of section 758 of title 18, United States Code, 
     (relating to high speed flight from an immigration 
     checkpoint) is deportable.''; and
       (3) in clause (v) (as so redesignated by paragraph (1)), by 
     striking ``and (iii)'' and inserting ``(iii), and (iv)''.

     SEC. 109. 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 the 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 the joint initiative under 
     subsection (a), noting specific areas of agreement and 
     disagreement, and recommending further steps to be taken, 
     including any suggestions for legislation.

     SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

       (a) 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--
       (1) collect a record of departure for every alien departing 
     the United States and match the records of departure with the 
     record of the alien's arrival in the United States; and
       (2) 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.
       (b) Report.--
       (1) Deadline.--Not later than December 31 of each year 
     following the development of the system under subsection (a), 
     the Attorney General shall submit an annual report to the 
     Committees on the Judiciary of the House of Representatives 
     and of the Senate on such system.
       (2) Information.--The report shall include the following 
     information:
       (A) The number of departure records collected, with an 
     accounting by country of nationality of the departing alien.
       (B) The number of departure records that were successfully 
     matched to records of the alien's prior arrival in the United 
     States, with an accounting by the alien's country of 
     nationality and by the alien's classification as an immigrant 
     or nonimmigrant.
       (C) The number of aliens who arrived as nonimmigrants, or 
     as a visitor under the visa waiver program under section 217 
     of the Immigration and Nationality Act, for whom no matching 
     departure record has been obtained through the system or 
     through other means as of the end of the alien's authorized 
     period of stay, with an accounting by the alien's country of 
     nationality and date of arrival in the United States.
       (c) Use of Information on Overstays.--Information regarding 
     aliens who have remained in the United States beyond their 
     authorized period of stay identified through the system shall 
     be integrated into appropriate data bases of the Immigration 
     and Naturalization Service and the Department of State, 
     including those used at ports of entry and at consular 
     offices.

     SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER 
                   PATROL POSITIONS FROM INTERIOR STATIONS.

       Not later than November 30, 1996, the Attorney General 
     shall submit to the Committees on the Judiciary of the House 
     of Representatives and of the Senate a final plan regarding 
     the redeployment of border patrol personnel from interior 
     locations to the front lines of the border. The final plan 
     shall be consistent with the following:
       (1) The preliminary plan regarding such redeployment 
     submitted by the Attorney General on May 17, 1996, to the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Appropriations of the Senate.
       (2) The direction regarding such redeployment provided in 
     the joint explanatory statement of the committee of 
     conference in the conference report to accompany the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134).

     SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.

       There are authorized to be appropriated such additional 
     sums as may be necessary to ensure that the ``IDENT'' program 
     (operated by the Immigration and Naturalization Service) is 
     expanded to apply to illegal or criminal aliens apprehended 
     nationwide.
                Subtitle B--Facilitation of Legal Entry

     SEC. 121. 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 each shall increase, by 
     approximately equal numbers in each of fiscal years 1997 and 
     1998, 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 the Congress, except such 
     low-use lanes as the Attorney General may designate.

     SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT 
                   PROJECTS.

       (a) Extension of Land Border Inspection Project Authority; 
     Establishment of Automated Permit Pilot Projects.--Section 
     286(q) is amended--
       (1) by striking the matter preceding paragraph (2) and 
     inserting the following:
       ``(q) Land Border Inspection Fee Account.--(1)(A)(i) 
     Notwithstanding any other provision of law, the Attorney 
     General is authorized to establish, by regulation, not more 
     than 6 projects under which a fee may be charged and 
     collected for inspection services provided at one or more 
     land border points of entry. Such projects may include the 
     establishment of commuter lanes to be made available to 
     qualified United States citizens and aliens, as determined by 
     the Attorney General.
       ``(ii) The program authorized in this subparagraph shall 
     terminate on September 30, 2000, unless further authorized by 
     an Act of Congress.
       ``(iii) This subparagraph shall take effect, with respect 
     to any project described in clause (1) that was not 
     authorized to be commenced before the date of the enactment 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, 30 days after submission of a 
     written plan by the Attorney General detailing the proposed 
     implementation of such project.
       ``(iv) The Attorney General shall prepare and submit on a 
     quarterly basis, until September 30, 2000, a status report on 
     each land border inspection project implemented under this 
     subparagraph.
       ``(B) The Attorney General, in consultation with the 
     Secretary of the Treasury, may conduct pilot projects to 
     demonstrate the use of designated ports of entry after 
     working hours through the use of card reading machines or 
     other appropriate technology.''; and
       (2) by striking paragraph (5).
       (b) Conforming amendment.--The Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161) 
     is amended by striking the fourth proviso under the heading 
     ``Immigration and Naturalization Service, Salaries and 
     Expenses''.

     SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.

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


                  ``preinspection at foreign airports

       ``Sec. 235A. (a) Establishment of Preinspection Stations.--
       ``(1) New stations.--Subject to paragraph (5), not later 
     than October 31, 1998, the Attorney General, in consultation 
     with the Secretary of State, shall establish and maintain 
     preinspection stations in at least 5 of the foreign airports 
     that are among the 10 foreign airports which the Attorney 
     General identifies as serving as last points of departure for 
     the greatest numbers of inadmissible alien passengers who 
     arrive from abroad by air at ports of entry within the United 
     States. Such preinspection stations shall be in addition to 
     any preinspection stations established prior to the date of 
     the enactment of such Act.
       ``(2) Report.--Not later than October 31, 1998, the 
     Attorney General shall report to the Committees on the 
     Judiciary of the House of Representatives and of the Senate 
     on the implementation of paragraph (1).
       ``(3) Data collection.--Not later than November 1, 1997, 
     and each subsequent November 1, the Attorney General shall 
     compile data identifying--
       ``(A) the foreign airports which served as last points of 
     departure for aliens who arrived by air at United States 
     ports of entry without valid documentation during the 
     preceding fiscal years;

[[Page H10846]]

       ``(B) the number and nationality of such aliens arriving 
     from each such foreign airport; and
       ``(C) the primary routes such aliens followed from their 
     country of origin to the United States.
       ``(4) Additional stations.--Subject to paragraph (5), not 
     later than October 31, 2000, the Attorney General, in 
     consultation with the Secretary of State, shall establish 
     preinspection stations in at least 5 additional foreign 
     airports which the Attorney General, in consultation with the 
     Secretary of State, determines, based on the data compiled 
     under paragraph (3) and such other information as may be 
     available, would most effectively reduce the number of aliens 
     who arrive from abroad by air at points of entry within the 
     United States who are inadmissible to the United States. Such 
     preinspection stations shall be in addition to those 
     established prior to the date of the enactment of such Act or 
     pursuant to paragraph (1).
       ``(5) Conditions.--Prior to the establishment of a 
     preinspection station, the Attorney General, in consultation 
     with the Secretary of State, shall ensure that--
       ``(A) employees of the United States stationed at the 
     preinspection station and their accompanying family members 
     will receive appropriate protection;
       ``(B) such employees and their families will not be subject 
     to unreasonable risks to their welfare and safety; and
       ``(C) the country in which the preinspection station is to 
     be established maintains practices and procedures with 
     respect to asylum seekers and refugees in accordance with the 
     Convention Relating to the Status of Refugees (done at 
     Geneva, July 28, 1951), or the Protocol Relating to the 
     Status of Refugees (done at New York, January 31, 1967), or 
     that an alien in the country otherwise has recourse to 
     avenues of protection from return to persecution.
       ``(b) Establishment of Carrier Consultant Program.--The 
     Attorney General shall assign additional immigration officers 
     to assist air carriers in the detection of fraudulent 
     documents at foreign airports which, based on the records 
     maintained pursuant to subsection (a)(3), served as a point 
     of departure for a significant number of arrivals at United 
     States ports of entry without valid documentation, but where 
     no preinspection station exists.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 235 the 
     following:
``Sec. 235A.  Preinspection at foreign airports.''.

     SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF 
                   FRAUDULENT DOCUMENTS.

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

     ``The Attorney General shall provide for expenditures for 
     training and assistance described in clause (iv) in an 
     amount, for any fiscal year, not less than 5 percent of the 
     total of the expenses incurred that are described in the 
     previous sentence.''.
       (2) Applicability.--The amendments made by paragraph (1) 
     shall apply to expenses incurred during or after fiscal year 
     1997.
       (b) Compliance With Detection Regulations.--
       (1) In general.--Section 212(f) (8 U.S.C. 1182(f)) is 
     amended by adding at the end the following: ``Whenever the 
     Attorney General finds that a commercial airline has failed 
     to comply with regulations of the Attorney General relating 
     to requirements of airlines for the detection of fraudulent 
     documents used by passengers traveling to the United States 
     (including the training of personnel in such detection), the 
     Attorney General may suspend the entry of some or all aliens 
     transported to the United States by such airline.''.
       (2) Deadline.--The Attorney General shall first issue, in 
     proposed form, regulations referred to in the second sentence 
     of section 212(f) of the Immigration and Nationality Act, as 
     added by the amendment made by paragraph (1), not later than 
     90 days after the date of the enactment of this Act.

     SEC. 125. 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.''.
                    Subtitle C--Interior Enforcement

     SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN 
                   NUMBER OF CERTAIN INVESTIGATORS.

       (a) Authorization.--There are authorized to be appropriated 
     such funds as may be necessary to enable the Commissioner of 
     Immigration and Naturalization to increase the number of 
     investigators and support personnel to investigate potential 
     violations of sections 274 and 274A of the Immigration and 
     Nationality Act by a number equivalent to 300 full-time 
     active-duty investigators in each of fiscal years 1997, 1998, 
     and 1999.
       (b) Allocation of Investigators.--At least one-half of the 
     investigators hired with funds made available under 
     subsection (a) shall be assigned to investigate potential 
     violations of section 274A of the Immigration and Nationality 
     Act.
       (c) Limitation on Overtime.--None of the funds made 
     available under subsection (a) 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. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN 
                   NUMBER OF INVESTIGATORS OF VISA OVERSTAYERS.

       There are authorized to be appropriated such funds as may 
     be necessary to enable the Commissioner of Immigration and 
     Naturalization 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 1997.

     SEC. 133. 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 investigation, apprehension, 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. 134. MINIMUM STATE INS PRESENCE.

       (a) In General.--Section 103 (8 U.S.C. 1103), as amended by 
     section 102(e), is further amended by adding at the end the 
     following:
       ``(f) The Attorney General shall allocate to each State not 
     fewer than 10 full-time active duty agents of the Immigration 
     and Naturalization Service to carry out the functions of the 
     Service, in order to ensure the effective enforcement of this 
     Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of the enactment of 
     this Act.

[[Page H10847]]

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD
 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

     SEC. 201. WIRETAP AUTHORITY FOR 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. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

       Section 1961(1) of title 18, United States Code, as amended 
     by section 433 of Public Law 104-132, is amended--
       (1) by striking ``if the act indictable under section 1028 
     was committed for the purpose of financial gain'';
       (2) by inserting ``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),'' after ``section 1344 
     (relating to financial institution fraud),'';
       (3) by striking ``if the act indictable under section 1542 
     was committed for the purpose of financial gain'';
       (4) by striking ``if the act indictable under section 1543 
     was committed for the purpose of financial gain'';
       (5) by striking ``if the act indictable under section 1544 
     was committed for the purpose of financial gain''; and
       (6) by striking ``if the act indictable under section 1546 
     was committed for the purpose of financial gain''.

     SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

       (a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8 
     U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the 
     case of a violation of subparagraph (A)(ii), (iii), or (iv) 
     in which the offense was done for the purpose of commercial 
     advantage or private financial gain'' after ``subparagraph 
     (A)(i)''.
       (b) Additional Offenses.--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)(B), by striking ``be fined'' and all 
     that follows and inserting the following: ``be fined under 
     title 18, United States Code, and shall be imprisoned, in the 
     case of a first or second violation of subparagraph (B)(iii), 
     not more than 10 years, in the case of a first or second 
     violation of subparagraph (B)(i) or (B)(ii), not less than 3 
     nor more than 10 years, and for any other violation, not less 
     than 5 nor more than 15 years.''; and
       (4) by adding at the end the following new paragraph:
       ``(3)(A) Any person who, during any 12-month period, 
     knowingly hires for employment at least 10 individuals with 
     actual knowledge that the individuals are aliens described in 
     subparagraph (B) shall be fined under title 18, United States 
     Code, or imprisoned for not more than 5 years, or both.
       ``(B) An alien described in this subparagraph is an alien 
     who--
       ``(i) is an unauthorized alien (as defined in section 
     274A(h)(3)), and
       ``(ii) has been brought into the United States in violation 
     of this subsection.''.
       (c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i) 
     of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended 
     to read as follows:
       ``(i) an offense committed with the intent or with reason 
     to believe that the alien unlawfully brought into the United 
     States will commit an offense against the United States or 
     any State punishable by imprisonment for more than 1 year,''.
       (d) Applying Certain Penalties on a Per Alien Basis.--
     Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by 
     striking ``for each transaction constituting a violation of 
     this paragraph, regardless of the number of aliens involved'' 
     and inserting ``for each alien in respect to whom a violation 
     of this paragraph occurs''.
       (e) 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) 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;
       (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 is a first offense and involves the smuggling 
     only of the alien's spouse or child; and
       (G) consider whether any other aggravating or mitigating 
     circumstances warrant upward or downward sentencing 
     adjustments.
       (3) Emergency authority to sentencing commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this subsection 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.
       (f) 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. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES 
                   ATTORNEYS.

       (a) In General.--The number of Assistant United States 
     Attorneys employed by the Department of Justice for the 
     fiscal year 1997 shall be increased by at least 25 above the 
     number of Assistant United States Attorneys that were 
     authorized to be employed as of September 30, 1996.
       (b) Assignment.--Individuals employed to fill the 
     additional positions described in subsection (a) shall 
     prosecute persons who bring into the United States or harbor 
     illegal aliens or violate other criminal statutes involving 
     illegal aliens.

     SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

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


                  ``undercover investigation authority

       ``Sec. 294. (a) In General.--With respect to any undercover 
     investigative operation of the Service which is necessary for 
     the detection and prosecution of crimes against the United 
     States--
       ``(1) sums appropriated for the Service may be used for 
     leasing space within the United States and the territories 
     and possessions of the United States without regard to the 
     following provisions of law:
       ``(A) section 3679(a) of the Revised Statutes (31 U.S.C. 
     1341),
       ``(B) section 3732(a) of the Revised Statutes (41 U.S.C. 
     11(a)),
       ``(C) section 305 of the Act of June 30, 1949 (63 Stat. 
     396; 41 U.S.C. 255),
       ``(D) the third undesignated paragraph under the heading 
     `Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40 
     U.S.C. 34),
       ``(E) section 3648 of the Revised Statutes (31 U.S.C. 
     3324),
       ``(F) section 3741 of the Revised Statutes (41 U.S.C. 22), 
     and
       ``(G) subsections (a) and (c) of section 304 of the Federal 
     Property and Administrative Services Act of 1949 (63 Stat. 
     395; 41 U.S.C. 254 (a) and (c));
       ``(2) sums appropriated for the Service may be used to 
     establish or to acquire proprietary corporations or business 
     entities as part of an undercover operation, and to operate 
     such corporations or business entities on a commercial basis, 
     without regard to the provisions of section

[[Page H10848]]

     304 of the Government Corporation Control Act (31 U.S.C. 
     9102);
       ``(3) sums appropriated for the Service, and the proceeds 
     from the undercover operation, may be deposited in banks or 
     other financial institutions without regard to the provisions 
     of section 648 of title 18, United States Code, and of 
     section 3639 of the Revised Statutes (31 U.S.C. 3302); and
       ``(4) the proceeds from the undercover operation may be 
     used to offset necessary and reasonable expenses incurred in 
     such operation without regard to the provisions of section 
     3617 of the Revised Statutes (31 U.S.C. 3302).
     The authority set forth in this subsection may be exercised 
     only upon written certification of the Commissioner, in 
     consultation with the Deputy Attorney General, that any 
     action authorized by paragraph (1), (2), (3), or (4) is 
     necessary for the conduct of the undercover operation.
       ``(b) Disposition of Proceeds No Longer Required.--As soon 
     as practicable after the proceeds from an undercover 
     investigative operation, carried out under paragraphs (3) and 
     (4) of subsection (a), are no longer necessary for the 
     conduct of the operation, the proceeds or the balance of the 
     proceeds remaining at the time shall be deposited into the 
     Treasury of the United States as miscellaneous receipts.
       ``(c) Disposition of Certain Corporations and Business 
     Entities.--If a corporation or business entity established or 
     acquired as part of an undercover operation under paragraph 
     (2) of subsection (a) with a net value of over $50,000 is to 
     be liquidated, sold, or otherwise disposed of, the Service, 
     as much in advance as the Commissioner or Commissioner's 
     designee determines practicable, shall report the 
     circumstances to the Attorney General, the Director of the 
     Office of Management and Budget, and the Comptroller General. 
     The proceeds of the liquidation, sale, or other disposition, 
     after obligations are met, shall be deposited in the Treasury 
     of the United States as miscellaneous receipts.
       ``(d) Financial Audits.--The Service shall conduct detailed 
     financial audits of closed undercover operations on a 
     quarterly basis and shall report the results of the audits in 
     writing to the Deputy Attorney General.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 293 the 
     following:
``Sec. 294. Undercover investigation authority.''.
                Subtitle B--Deterrence of Document Fraud

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

       (a) Fraud and Misuse of Government-Issued Identification 
     Documents.--(1) Section 1028(b) of title 18, United States 
     Code, is amended--
       (A) in paragraph (1), by inserting ``except as provided in 
     paragraphs (3) and (4),'' after ``(1)'' and by striking 
     ``five years'' and inserting ``15 years'';
       (B) in paragraph (2), by inserting ``except as provided in 
     paragraphs (3) and (4),'' after ``(2)'' and by striking 
     ``and'' at the end;
       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) a fine under this title or imprisonment for not more 
     than 20 years, or both, if the offense is committed to 
     facilitate a drug trafficking crime (as defined in section 
     929(a)(2) of this title);
       ``(4) a fine under this title or imprisonment for not more 
     than 25 years, or both, if the offense is committed to 
     facilitate an act of international terrorism (as defined in 
     section 2331(1) of this title); and''.
       (2) Sections 1425 through 1427, sections 1541 through 1544, 
     and section 1546(a) of title 18, United States Code, are each 
     amended by striking ``imprisoned not more'' and all that 
     follows through ``years'' each place it appears and inserting 
     the following: ``imprisoned not more than 25 years (if the 
     offense was committed to facilitate an act of international 
     terrorism (as defined in section 2331 of this title)), 20 
     years (if the offense was committed to facilitate a drug 
     trafficking crime (as defined in section 929(a) of this 
     title)), 10 years (in the case of the first or second such 
     offense, if the offense was not committed to facilitate such 
     an act of international terrorism or a drug trafficking 
     crime), or 15 years (in the case of any other offense)''.
       (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 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; and
       (E) consider whether any other aggravating or mitigating 
     circumstances warrant upward or downward sentencing 
     adjustments.
       (3) Emergency authority to sentencing commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this subsection 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.
       (c) 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. 212. 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)(A) to present before boarding a common carrier for 
     the purpose of coming to the United States a document which 
     relates to the alien's eligibility to enter the United 
     States, and (B) to 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 213, 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) Waiver by Attorney General.--Section 274C(d) (8 U.S.C. 
     1324c(d)) is amended by adding at the end the following new 
     paragraph:
       ``(7) Waiver by attorney general.--The Attorney General may 
     waive the penalties imposed by this section with respect to 
     an alien who knowingly violates subsection (a)(6) if the 
     alien is granted asylum under section 208 or withholding of 
     deportation under section 243(h).''.
       (e) Effective Date.--Section 274C(f) of the Immigration and 
     Nationality Act, as added by subsection (b), applies to the 
     preparation of applications before, on, or after the date of 
     the enactment of this Act.

     SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE 
                   AS PREPARER OF FALSE APPLICATION FOR 
                   IMMIGRATION BENEFITS.

       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, 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, 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

[[Page H10849]]

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

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

     SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

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

     SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL 
                   ELECTION.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after section 610 the following:

     ``Sec. 611. Voting by aliens

       ``(a) It shall be 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 
     under this title, imprisoned not more than one year, or 
     both.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 29 of title 18, United States Code, is 
     amended by inserting after the item relating to section 610 
     the following new item:
``611. Voting by aliens.''.

     SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED 
                   OFFENSES.

       Section 982(a) of title 18, United States Code, is amended 
     by inserting after paragraph (5) the following new paragraph:
       ``(6)(A) The court, in imposing sentence on a person 
     convicted of a violation of, or conspiracy to violate, 
     section 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of 
     this title, or a violation of, or conspiracy to violate, 
     section 1028 of this title if committed in connection with 
     passport or visa issuance or use, shall order that the person 
     forfeit to the United States, regardless of any provision of 
     State law--
       ``(i) any conveyance, including any vessel, vehicle, or 
     aircraft used in the commission of a violation of, or a 
     conspiracy to violate, subsection (a); and
       ``(ii) 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 274A(a)(2) of the 
     Immigration and Nationality Act, or section 1028, 1425, 1426, 
     1427, 1541, 1542, 1543, 1544, or 1546 of this title; 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 
     274A(a)(2) of the Immigration and Nationality Act, or section 
     1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of 
     this title.
     The court, in imposing sentence on such person, shall order 
     that the person forfeit to the United States all property 
     described in this subparagraph.
       ``(B) The criminal forfeiture of property under 
     subparagraph (A), 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. 218. CRIMINAL 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.--
       (1) In general.--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--
       (A) 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;
       (B) 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
       (C) ensure that the guidelines reflect the general 
     appropriateness of enhanced sentences for defendants whose 
     peonage, involuntary servitude, or slave trade offenses 
     involve--
       (i) a large number of victims;
       (ii) the use or threatened use of a dangerous weapon; or
       (iii) a prolonged period of peonage or involuntary 
     servitude.
       (2) Emergency authority to sentencing commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this subsection 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. 219. 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. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.

       Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by striking the period at the end of subparagraph (B) 
     and inserting ``, and''; and
       (3) by inserting after subparagraph (B) the following:
       ``(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).''.
   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
        Subtitle A--Revision of Procedures for Removal of Aliens

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

       (a) ``Admission'' Defined.--Paragraph (13) of section 
     101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
       ``(13)(A) The terms `admission' and `admitted' mean, with 
     respect to an alien, the lawful entry of the alien into the 
     United States after inspection and authorization by an 
     immigration officer.
       ``(B) An alien who is paroled under section 212(d)(5) or 
     permitted to land temporarily as an alien crewman shall not 
     be considered to have been admitted.
       ``(C) An alien lawfully admitted for permanent residence in 
     the United States shall not be regarded as seeking an 
     admission into the United States for purposes of the 
     immigration laws unless the alien--
       ``(i) has abandoned or relinquished that status,
       ``(ii) has been absent from the United States for a 
     continuous period in excess of 180 days,
       ``(iii) has engaged in illegal activity after having 
     departed the United States,
       ``(iv) has departed from the United States while under 
     legal process seeking removal of the alien from the United 
     States, including removal proceedings under this Act and 
     extradition proceedings,
       ``(v) has committed an offense identified in section 
     212(a)(2), unless since such offense the alien has been 
     granted relief under section 212(h) or 240A(a), or
       ``(vi) is attempting to enter at a time or place other than 
     as designated by immigration officers or has not been 
     admitted to the United States after inspection and 
     authorization by an immigration officer.''.
       (b) Inadmissibility of Aliens Previously Removed and 
     Unlawfully Present.--
       (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is 
     amended by redesignating paragraph (9) as paragraph (10) and 
     by inserting after paragraph (8) the following new paragraph:
       ``(9) Aliens previously removed.--
       ``(A) Certain aliens previously removed.--

[[Page H10850]]

       ``(i) Arriving aliens.--Any alien who has been ordered 
     removed under section 235(b)(1) or at the end of proceedings 
     under section 240 initiated upon the alien's arrival in the 
     United States and who again seeks admission within 5 years of 
     the date of such removal (or within 20 years in the case of a 
     second or subsequent removal or at any time in the case of an 
     alien convicted of an aggravated felony) is inadmissible.
       ``(ii) Other aliens.--Any alien not described in clause (i) 
     who--

       ``(I) has been ordered removed under section 240 or any 
     other provision of law, or

       ``(II) departed the United States while an order of removal 
     was outstanding,

     and who seeks admission within 10 years of the date of such 
     alien's departure or removal (or within 20 years of such date 
     in the case of a second or subsequent removal or at any time 
     in the case of an alien convicted of an aggravated felony) is 
     inadmissible.
       ``(iii) Exception.--Clauses (i) and (ii) shall not apply to 
     an alien seeking admission within a period if, prior to the 
     date of the alien's reembarkation at a place outside the 
     United States or attempt to be admitted from foreign 
     contiguous territory, the Attorney General has consented to 
     the alien's reapplying for admission.
       ``(B) Aliens unlawfully present.--
       ``(i) In general.--Any alien (other than an alien lawfully 
     admitted for permanent residence) who--

       ``(I) was unlawfully present in the United States for a 
     period of more than 180 days but less than 1 year, 
     voluntarily departed the United States (whether or not 
     pursuant to section 244(e)) prior to the commencement of 
     proceedings under section 235(b)(1) or section 240, and again 
     seeks admission within 3 years of the date of such alien's 
     departure or removal, or
       ``(II) has been unlawfully present in the United States for 
     one year or more, and who again seeks admission within 10 
     years of the date of such alien's departure or removal from 
     the United States,

     is inadmissible.
       ``(ii) Construction of unlawful presence.--For purposes of 
     this paragraph, an alien is deemed to be unlawfully present 
     in the United States if the alien is present in the United 
     States after the expiration of the period of stay authorized 
     by the Attorney General or is present in the United States 
     without being admitted or paroled.
       ``(iii) Exceptions.--

       ``(I) Minors.--No period of time in which an alien is under 
     18 years of age shall be taken into account in determining 
     the period of unlawful presence in the United States under 
     clause (i).
       ``(II) Asylees.--No period of time in which an alien has a 
     bona fide application for asylum pending under section 208 
     shall be taken into account in determining the period of 
     unlawful presence in the United States under clause (i) 
     unless the alien during such period was employed without 
     authorization in the United States.
       ``(III) Family unity.--No period of time in which the alien 
     is a beneficiary of family unity protection pursuant to 
     section 301 of the Immigration Act of 1990 shall be taken 
     into account in determining the period of unlawful presence 
     in the United States under clause (i).
       ``(IV) Battered women and children.--Clause (i) shall not 
     apply to an alien who would be described in paragraph 
     (6)(A)(ii) if `violation of the terms of the alien's 
     nonimmigrant visa' were substituted for `unlawful entry into 
     the United States' in subclause (III) of that paragraph.

       ``(iv) Tolling for good cause.--In the case of an alien 
     who--

       ``(I) has been lawfully admitted or paroled into the United 
     States,
       ``(II) has filed a nonfrivolous application for a change or 
     extension of status before the date of expiration of the 
     period of stay authorized by the Attorney General, and
       ``(III) has not been employed without authorization in the 
     United States before or during the pendency of such 
     application,

     the calculation of the period of time specified in clause 
     (i)(I) shall be tolled during the pendency of such 
     application, but not to exceed 120 days.
       ``(v) Waiver.--The Attorney General has sole discretion to 
     waive clause (i) in the case of an immigrant who is the 
     spouse or son or daughter of a United States citizen or of an 
     alien lawfully admitted for permanent residence, if it is 
     established to the satisfaction of the Attorney General that 
     the refusal of admission to such immigrant alien would result 
     in extreme hardship to the citizen or lawfully resident 
     spouse or parent of such alien. No court shall have 
     jurisdiction to review a decision or action by the Attorney 
     General regarding a waiver under this clause.
       ``(C) Aliens unlawfully present after previous immigration 
     violations.--
       ``(i) In general.--Any alien who--

       ``(I) has been unlawfully present in the United States for 
     an aggregate period of more than 1 year, or
       ``(II) has been ordered removed under section 235(b)(1), 
     section 240, or any other provision of law,

     and who enters or attempts to reenter the United States 
     without being admitted is inadmissible.
       ``(ii) Exception.--Clause (i) shall not apply to an alien 
     seeking admission more than 10 years after the date of the 
     alien's last departure from the United States if, prior to 
     the alien's reembarkation at a place outside the United 
     States or attempt to be readmitted from a foreign contiguous 
     territory, the Attorney General has consented to the alien's 
     reapplying for admission.''.
       (2) Limitation on change of status.--Section 248 (8 U.S.C. 
     1258) is amended by inserting ``and who is not inadmissible 
     under section 212(a)(9)(B)(i) (or whose inadmissibility under 
     such section is waived under section 212(a)(9)(B)(v))'' after 
     ``maintain that status''.
       (3) Treatment of unlawful presence before effective date.--
     In applying section 212(a)(9)(B) of the Immigration and 
     Nationality Act, as inserted by paragraph (1), no period 
     before the title III-A effective date shall be included in a 
     period of unlawful presence in the United States.
       (c) Revision to Ground of Inadmissibility for Illegal 
     Entrants and Immigration Violators.--
       (1) In general.--Subparagraphs (A) and (B) of section 
     212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as 
     follows:
       ``(A) Aliens present without admission or parole.--
       ``(i) In general.--An alien present in the United States 
     without being admitted or paroled, or who arrives in the 
     United States at any time or place other than as designated 
     by the Attorney General, is inadmissible.
       ``(ii) Exception for certain battered women and children.--
     Clause (i) shall not apply to an alien who demonstrates 
     that--

       ``(I) the alien qualifies for immigrant status under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1),
       ``(II)(a) the alien has been battered or subjected to 
     extreme cruelty by a spouse or parent, or by a member of the 
     spouse's or parent's family residing in the same household as 
     the alien and the spouse or parent consented or acquiesced to 
     such battery or cruelty, or (b) the alien's child has been 
     battered or subjected to extreme cruelty by a 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 to or 
     acquiesced in such battery or cruelty and the alien did not 
     actively participate in such battery or cruelty, and
       ``(III) there was a substantial connection between the 
     battery or cruelty described in subclause (I) or (II) and the 
     alien's unlawful entry into the United States.

       ``(B) Failure to attend removal proceeding.--Any alien who 
     without reasonable cause fails or refuses to attend or remain 
     in attendance at a proceeding to determine the alien's 
     inadmissibility or deportability and who seeks admission to 
     the United States within 5 years of such alien's subsequent 
     departure or removal is inadmissible.''.
       (2) Transition for battered spouse or child provision.--The 
     requirements of subclauses (II) and (III) of section 
     212(a)(6)(A)(ii) of the Immigration and Nationality Act, as 
     inserted by paragraph (1), shall not apply to an alien who 
     demonstrates that the alien first arrived in the United 
     States before the title III-A effective date (described in 
     section 309(a)).
       (d) Adjustment in Grounds for Deportation.--Section 241 (8 
     U.S.C. 1251), before redesignation as section 237 by section 
     305(a)(2), is amended--
       (1) in the matter before paragraph (1) of subsection (a), 
     by striking ``in the United States'' and inserting ``in and 
     admitted to the United States'';
       (2) in subsection (a)(1), by striking ``Excludable'' each 
     place it appears and inserting ``Inadmissible'';
       (3) in subsection (a)(1)(A), by striking ``excludable'' and 
     inserting ``inadmissible''; and
       (4) by amending subparagraph (B) of subsection (a)(1) to 
     read as follows:
       ``(B) Present in violation of law.--Any alien who is 
     present in the United States in violation of this Act or any 
     other law of the United States is deportable.

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

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


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

       ``Sec. 235. (a) Inspection.--
       ``(1) Aliens treated as applicants for admission.--An alien 
     present in the United States who has not been admitted or who 
     arrives in the United States (whether or not at a designated 
     port of arrival and including an alien who is brought to the 
     United States after having been interdicted in international 
     or United States waters) shall be deemed for purposes of this 
     Act an applicant for admission.
       ``(2) Stowaways.--An arriving alien who is a stowaway is 
     not eligible to apply for admission or to be admitted and 
     shall be ordered removed upon inspection by an immigration 
     officer. Upon such inspection if the alien indicates an 
     intention to apply for asylum under section 208 or a fear of 
     persecution, the officer shall refer the alien for an 
     interview under subsection (b)(1)(B). A stowaway may apply 
     for asylum only if the stowaway is found to have a credible 
     fear of persecution under subsection (b)(1)(B). In no case 
     may a stowaway be considered an applicant for admission or 
     eligible for a hearing under section 240.
       ``(3) Inspection.--All aliens (including alien crewmen) who 
     are applicants for admission or otherwise seeking admission 
     or readmission to or transit through the United States shall 
     be inspected by immigration officers.
       ``(4) Withdrawal of application for admission.--An alien 
     applying for admission may, in the discretion of the Attorney 
     General and at any time, be permitted to withdraw the 
     application for admission and depart immediately from the 
     United States.
       ``(5) Statements.--An applicant for admission may be 
     required to state under oath any information sought by an 
     immigration officer regarding the purposes and intentions of 
     the applicant in seeking admission to the United

[[Page H10851]]

     States, including the applicant's intended length of stay and 
     whether the applicant intends to remain permanently or become 
     a United States citizen, and whether the applicant is 
     inadmissible.
       ``(b) Inspection of Applicants for Admission.--
       ``(1) Inspection of aliens arriving in the united states 
     and certain other aliens who have not been admitted or 
     paroled.--
       ``(A) Screening.--
       ``(i) In general.--If an immigration officer determines 
     that an alien (other than an alien described in subparagraph 
     (F)) who is arriving in the United States or is described in 
     clause (iii) is inadmissible under section 212(a)(6)(C) or 
     212(a)(7), the officer shall order the alien removed from the 
     United States without further hearing or review unless the 
     alien indicates either an intention to apply for asylum under 
     section 208 or a fear of persecution.
       ``(ii) Claims for asylum.--If an immigration officer 
     determines that an alien (other than an alien described in 
     subparagraph (F)) who is arriving in the United States or is 
     described in clause (iii) is inadmissible under section 
     212(a)(6)(C) or 212(a)(7) and the alien indicates either an 
     intention to apply for asylum under section 208 or a fear of 
     persecution, the officer shall refer the alien for an 
     interview by an asylum officer under subparagraph (B).
       ``(iii) Application to certain other aliens.--

       ``(I) In general.--The Attorney General may apply clauses 
     (i) and (ii) of this subparagraph to any or all aliens 
     described in subclause (II) as designated by the Attorney 
     General. Such designation shall be in the sole and 
     unreviewable discretion of the Attorney General and may be 
     modified at any time.
       ``(II) Aliens described.--An alien described in this clause 
     is an alien who is not described in subparagraph (F), who has 
     not been admitted or paroled into the United States, and who 
     has not affirmatively shown, to the satisfaction of an 
     immigration officer, that the alien has been physically 
     present in the United States continuously for the 2-year 
     period immediately prior to the date of the determination of 
     inadmissibility under this subparagraph.

       ``(B) Asylum interviews.--
       ``(i) Conduct by asylum officers.--An asylum officer shall 
     conduct interviews of aliens referred under subparagraph 
     (A)(ii), either at a port of entry or at such other place 
     designated by the Attorney General.
       ``(ii) Referral of certain aliens.--If the officer 
     determines at the time of the interview that an alien has a 
     credible fear of persecution (within the meaning of clause 
     (v)), the alien shall be detained for further consideration 
     of the application for asylum.
       ``(iii) Removal without further review if no credible fear 
     of persecution.--

       ``(I) In general.--Subject to subclause (III), if the 
     officer determines that an alien does not have a credible 
     fear of persecution, the officer shall order the alien 
     removed from the United States without further hearing or 
     review.
       ``(II) Record of determination.--The officer shall prepare 
     a written record of a determination under subclause (I). Such 
     record shall include a summary of the material facts as 
     stated by the applicant, such additional facts (if any) 
     relied upon by the officer, and the officer's analysis of 
     why, in the light of such facts, the alien has not 
     established a credible fear of persecution. A copy of the 
     officer's interview notes shall be attached to the written 
     summary.
       ``(III) Review of determination.--The Attorney General 
     shall provide by regulation and upon the alien's request for 
     prompt review by an immigration judge of a determination 
     under subclause (I) that the alien does not have a credible 
     fear of persecution. Such review shall include an opportunity 
     for the alien to be heard and questioned by the immigration 
     judge, either in person or by telephonic or video connection. 
     Review shall be concluded as expeditiously as possible, to 
     the maximum extent practicable within 24 hours, but in no 
     case later than 7 days after the date of the determination 
     under subclause (I).
       ``(IV) Mandatory detention.--Any alien subject to the 
     procedures under this clause shall be detained pending a 
     final determination of credible fear of persecution and, if 
     found not to have such a fear, until removed.

       ``(iv) Information about interviews.--The Attorney General 
     shall provide information concerning the asylum interview 
     described in this subparagraph to aliens who may be eligible. 
     An alien who is eligible for such interview may consult with 
     a person or persons of the alien's choosing prior to the 
     interview or any review thereof, according to regulations 
     prescribed by the Attorney General. Such consultation shall 
     be at no expense to the Government and shall not unreasonably 
     delay the process.
       ``(v) Credible fear of persecution defined.--For purposes 
     of this subparagraph, the term `credible fear of persecution' 
     means that there is a significant possibility, taking into 
     account the credibility of the statements made by the alien 
     in support of the alien's claim and such other facts as are 
     known to the officer, that the alien could establish 
     eligibility for asylum under section 208.
       ``(C) Limitation on administrative review.--Except as 
     provided in subparagraph (B)(iii)(III), a removal order 
     entered in accordance with subparagraph (A)(i) or (B)(iii)(I) 
     is not subject to administrative appeal, except that the 
     Attorney General shall provide by regulation for prompt 
     review of such an order under subparagraph (A)(i) against an 
     alien who claims under oath, or as permitted under penalty of 
     perjury under section 1746 of title 28, United States Code, 
     after having been warned of the penalties for falsely making 
     such claim under such conditions, to have been lawfully 
     admitted for permanent residence, to have been admitted as a 
     refugee under section 207, or to have been granted asylum 
     under section 208.
       ``(D) Limit on collateral attacks.--In any action brought 
     against an alien under section 275(a) or section 276, the 
     court shall not have jurisdiction to hear any claim attacking 
     the validity of an order of removal entered under 
     subparagraph (A)(i) or (B)(iii).
       ``(E) Asylum officer defined.--As used in this paragraph, 
     the term `asylum officer' means an immigration officer who--
       ``(i) has had professional training in country conditions, 
     asylum law, and interview techniques comparable to that 
     provided to full-time adjudicators of applications under 
     section 208, and
       ``(ii) is supervised by an officer who meets the condition 
     described in clause (i) and has had substantial experience 
     adjudicating asylum applications.
       ``(F) Exception.--Subparagraph (A) shall not apply to an 
     alien who is a native or citizen of a country in the Western 
     Hemisphere with whose government the United States does not 
     have full diplomatic relations and who arrives by aircraft at 
     a port of entry.
       ``(2) Inspection of other aliens.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), in 
     the case of an alien who is an applicant for admission, if 
     the examining immigration officer determines that an alien 
     seeking admission is not clearly and beyond a doubt entitled 
     to be admitted, the alien shall be detained for a proceeding 
     under section 240.
       ``(B) Exception.--Subparagraph (A) shall not apply to an 
     alien--
       ``(i) who is a crewman,
       ``(ii) to whom paragraph (1) applies, or
       ``(iii) who is a stowaway.
       ``(C) Treatment of aliens arriving from contiguous 
     territory.--In the case of an alien described in subparagraph 
     (A) who is arriving on land (whether or not at a designated 
     port of arrival) from a foreign territory contiguous to the 
     United States, the Attorney General may return the alien to 
     that territory pending a proceeding under section 240.
       ``(3) Challenge of decision.--The decision of the examining 
     immigration officer, if favorable to the admission of any 
     alien, shall be subject to challenge by any other immigration 
     officer and such challenge shall operate to take the alien 
     whose privilege to be admitted is so challenged, before an 
     immigration judge for a proceeding under section 240.
       ``(c) Removal of Aliens Inadmissible on Security and 
     Related Grounds.--
       ``(1) Removal without further hearing.--If an immigration 
     officer or an immigration judge suspects that an arriving 
     alien may be inadmissible under subparagraph (A) (other than 
     clause (ii)), (B), or (C) of section 212(a)(3), the officer 
     or judge shall--
       ``(A) order the alien removed, subject to review under 
     paragraph (2);
       ``(B) report the order of removal to the Attorney General; 
     and
       ``(C) not conduct any further inquiry or hearing until 
     ordered by the Attorney General.
       ``(2) Review of order.--(A) The Attorney General shall 
     review orders issued under paragraph (1).
       ``(B) If the Attorney General--
       ``(i) is satisfied on the basis of confidential information 
     that the alien is inadmissible under subparagraph (A) (other 
     than clause (ii)), (B), or (C) of section 212(a)(3), and
       ``(ii) after consulting with appropriate security agencies 
     of the United States Government, concludes that disclosure of 
     the information would be prejudicial to the public interest, 
     safety, or security,

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

[[Page H10852]]

     person to enter, reenter, reside in, or pass through the 
     United States or concerning any matter which is material and 
     relevant to the enforcement of this Act and the 
     administration of the Service, and to that end may invoke the 
     aid of any court of the United States.
       ``(B) Any United States district court within the 
     jurisdiction of which investigations or inquiries are being 
     conducted by an immigration officer may, in the event of 
     neglect or refusal to respond to a subpoena issued under this 
     paragraph or refusal to testify before an immigration 
     officer, issue an order requiring such persons to appear 
     before an immigration officer, produce books, papers, and 
     documents if demanded, and testify, and any failure to obey 
     such order of the court may be punished by the court as a 
     contempt thereof.''.
       (b) GAO Study on Operation of Expedited Removal 
     Procedures.--
       (1) Study.--The Comptroller General shall conduct a study 
     on the implementation of the expedited removal procedures 
     under section 235(b)(1) of the Immigration and Nationality 
     Act, as amended by subsection (a). The study shall examine--
       (A) the effectiveness of such procedures in deterring 
     illegal entry,
       (B) the detention and adjudication resources saved as a 
     result of the procedures,
       (C) the administrative and other costs expended to comply 
     with the provision,
       (D) the effectiveness of such procedures in processing 
     asylum claims by undocumented aliens who assert a fear of 
     persecution, including the accuracy of credible fear 
     determinations, and
       (E) the cooperation of other countries and air carriers in 
     accepting and returning aliens removed under such procedures.
       (2) Report.--By not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to the Committees on the Judiciary of the House of 
     Representatives and the Senate a report on the study 
     conducted under paragraph (1).

     SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED 
                   SECTION 236).

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


                 ``apprehension and detention of aliens

       ``Sec. 236. (a) Arrest, Detention, and Release.--On a 
     warrant issued by the Attorney General, an alien may be 
     arrested and detained pending a decision on whether the alien 
     is to be removed from the United States. Except as provided 
     in subsection (c) and pending such decision, the Attorney 
     General--
       ``(1) may continue to detain the arrested alien; and
       ``(2) may release the alien on--
       ``(A) bond of at least $1,500 with security approved by, 
     and containing conditions prescribed by, the Attorney 
     General; or
       ``(B) conditional parole; but
       ``(3) may not provide the alien with work authorization 
     (including an `employment authorized' endorsement or other 
     appropriate work permit), unless the alien is lawfully 
     admitted for permanent residence or otherwise would (without 
     regard to removal proceedings) be provided such 
     authorization.
       ``(b) Revocation of Bond or Parole.--The Attorney General 
     at any time may revoke a bond or parole authorized under 
     subsection (a), rearrest the alien under the original 
     warrant, and detain the alien.
       ``(c) Detention of Criminal Aliens.--
       ``(1) Custody.--The Attorney General shall take into 
     custody any alien who--
       ``(A) is inadmissible by reason of having committed any 
     offense covered in section 212(a)(2),
       ``(B) is deportable by reason of having committed any 
     offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B), 
     (C), or (D),
       ``(C) is deportable under section 237(a)(2)(A)(i) on the 
     basis of an offense for which the alien has been sentence to 
     a term of imprisonment of at least 1 year, or
       ``(D) is inadmissible under section 212(a)(3)(B) or 
     deportable under section 237(a)(4)(B),
     when the alien is released, without regard to whether the 
     alien is released on parole, supervised release, or 
     probation, and without regard to whether the alien may be 
     arrested or imprisoned again for the same offense.
       ``(2) Release.--The Attorney General may release an alien 
     described in paragraph (1) only if the Attorney General 
     decides pursuant to section 3521 of title 18, United States 
     Code, that release of the alien from custody is necessary to 
     provide protection to a witness, a potential witness, a 
     person cooperating with an investigation into major criminal 
     activity, or an immediate family member or close associate of 
     a witness, potential witness, or person cooperating with such 
     an investigation, and the alien satisfies the Attorney 
     General that the alien will not pose a danger to the safety 
     of other persons or of property and is likely to appear for 
     any scheduled proceeding. A decision relating to such release 
     shall take place in accordance with a procedure that 
     considers the severity of the offense committed by the alien.
       ``(d) Identification of Criminal Aliens.--(1) The Attorney 
     General shall devise and implement a system--
       ``(A) to make available, daily (on a 24-hour basis), to 
     Federal, State, and local authorities the investigative 
     resources of the Service to determine whether individuals 
     arrested by such authorities for aggravated felonies are 
     aliens;
       ``(B) to designate and train officers and employees of the 
     Service to serve as a liaison to Federal, State, and local 
     law enforcement and correctional agencies and courts with 
     respect to the arrest, conviction, and release of any alien 
     charged with an aggravated felony; and
       ``(C) which uses computer resources to maintain a current 
     record of aliens who have been convicted of an aggravated 
     felony, and indicates those who have been removed.
       ``(2) The record under paragraph (1)(C) shall be made 
     available--
       ``(A) to inspectors at ports of entry and to border patrol 
     agents at sector headquarters for purposes of immediate 
     identification of any alien who was previously ordered 
     removed and is seeking to reenter the United States, and
       ``(B) to officials of the Department of State for use in 
     its automated visa lookout system.
       ``(3) Upon the request of the governor or chief executive 
     officer of any State, the Service shall provide assistance to 
     State courts in the identification of aliens unlawfully 
     present in the United States pending criminal prosecution.
       ``(e) Judicial Review.--The Attorney General's 
     discretionary judgment regarding the application of this 
     section shall not be subject to review. No court may set 
     aside any action or decision by the Attorney General under 
     this section regarding the detention or release of any alien 
     or the grant, revocation, or denial of bond or parole.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     become effective on the title III-A effective date.
       (2) Notification regarding custody.--If the Attorney 
     General, not later than 10 days after the date of the 
     enactment of this Act, notifies in writing the Committees on 
     the Judiciary of the House of Representatives and the Senate 
     that there is insufficient detention space and Immigration 
     and Naturalization Service personnel available to carry out 
     section 236(c) of the Immigration and Nationality Act, as 
     amended by subsection (a), or the amendments made by section 
     440(c) of Public Law 104-132, the provisions in paragraph (3) 
     shall be in effect for a 1-year period beginning on the date 
     of such notification, instead of such section or such 
     amendments. The Attorney General may extend such 1-year 
     period for an additional year if the Attorney General 
     provides the same notice not later than 10 days before the 
     end of the first 1-year period. After the end of such 1-year 
     or 2-year periods, the provisions of such section 236(c) 
     shall apply to individuals released after such periods.
       (3) Transition period custody rules.--
       (A) In general.--During the period in which this paragraph 
     is in effect pursuant to paragraph (2), the Attorney General 
     shall take into custody any alien who--
       (i) has been convicted of an aggravated felony (as defined 
     under section 101(a)(43) of the Immigration and Nationality 
     Act, as amended by section 321 of this Act),
       (ii) is inadmissible by reason of having committed any 
     offense covered in section 212(a)(2) of such Act,
       (iii) is deportable by reason of having committed any 
     offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), 
     (C), or (D) of such Act (before redesignation under this 
     subtitle), or
       (iv) is inadmissible under section 212(a)(3)(B) of such Act 
     or deportable under section 241(a)(4)(B) of such Act (before 
     redesignation under this subtitle),
     when the alien is released, without regard to whether the 
     alien is released on parole, supervised release, or 
     probation, and without regard to whether the alien may be 
     arrested or imprisoned again for the same offense.
       (B) Release.--The Attorney General may release the alien 
     only if the alien is an alien described in subparagraph 
     (A)(ii) or (A)(iii) and--
       (i) the alien was lawfully admitted to the United States 
     and satisfies the Attorney General that the alien will not 
     pose a danger to the safety of other persons or of property 
     and is likely to appear for any scheduled proceeding, or
       (ii) the alien was not lawfully admitted to the United 
     States, cannot be removed because the designated country of 
     removal will not accept the alien, and satisfies the Attorney 
     General that the alien will not pose a danger to the safety 
     of other persons or of property and is likely to appear for 
     any scheduled proceeding.

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

       (a) In General.--Chapter 4 of title II is amended--
       (1) by redesignating section 239 (8 U.S.C. 1229) as section 
     234 and by moving such section to immediately follow section 
     233;
       (2) by redesignating section 240 (8 U.S.C. 1230) as section 
     240C; and
       (3) by inserting after section 238 the following new 
     sections:


                  ``initiation of removal proceedings

       ``Sec. 239. (a) Notice to Appear.--
       ``(1) In general.--In removal proceedings under section 
     240, written notice (in this section referred to as a `notice 
     to appear') shall be given in person to the alien (or, if 
     personal service is not practicable, through service by mail 
     to the alien or to the alien's counsel of record, if any) 
     specifying the following:
       ``(A) The nature of the proceedings against the alien.
       ``(B) The legal authority under which the proceedings are 
     conducted.
       ``(C) The acts or conduct alleged to be in violation of 
     law.
       ``(D) The charges against the alien and the statutory 
     provisions alleged to have been violated.
       ``(E) The alien may be represented by counsel and the alien 
     will be provided (i) a period of time to secure counsel under 
     subsection (b)(1) and (ii) a current list of counsel prepared 
     under subsection (b)(2).
       ``(F)(i) The requirement that the alien must immediately 
     provide (or have provided) the Attorney General with a 
     written record of an address and telephone number (if any) at 
     which the alien may be contacted respecting proceedings under 
     section 240.

[[Page H10853]]

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


                         ``removal proceedings

       ``Sec. 240. (a) Proceeding.--
       ``(1) In general.--An immigration judge shall conduct 
     proceedings for deciding the inadmissibility or deportability 
     of an alien.
       ``(2) Charges.--An alien placed in proceedings under this 
     section may be charged with any applicable ground of 
     inadmissibility under section 212(a) or any applicable ground 
     of deportability under section 237(a).
       ``(3) Exclusive procedures.--Unless otherwise specified in 
     this Act, a proceeding under this section shall be the sole 
     and exclusive procedure for determining whether an alien may 
     be admitted to the United States or, if the alien has been so 
     admitted, removed from the United States. Nothing in this 
     section shall affect proceedings conducted pursuant to 
     section 238.
       ``(b) Conduct of Proceeding.--
       ``(1) Authority of immigration judge.--The immigration 
     judge shall administer oaths, receive evidence, and 
     interrogate, examine, and cross-examine the alien and any 
     witnesses. The immigration judge may issue subpoenas for the 
     attendance of witnesses and presentation of evidence. The 
     immigration judge shall have authority (under regulations 
     prescribed by the Attorney General) to sanction by civil 
     money penalty any action (or inaction) in contempt of the 
     judge's proper exercise of authority under this Act.
       ``(2) Form of proceeding.--
       ``(A) In general.--The proceeding may take place--
       ``(i) in person,
       ``(ii) where agreed to by the parties, in the absence of 
     the alien,
       ``(iii) through video conference, or
       ``(iv) subject to subparagraph (B), through telephone 
     conference.
       ``(B) Consent required in certain cases.--An evidentiary 
     hearing on the merits may only be conducted through a 
     telephone conference with the consent of the alien involved 
     after the alien has been advised of the right to proceed in 
     person or through video conference.
       ``(3) Presence of alien.--If it is impracticable by reason 
     of an alien's mental incompetency for the alien to be present 
     at the proceeding, the Attorney General shall prescribe 
     safeguards to protect the rights and privileges of the alien.
       ``(4) Aliens rights in proceeding.--In proceedings under 
     this section, under regulations of the Attorney General--
       ``(A) the alien shall have the privilege of being 
     represented, at no expense to the Government, by counsel of 
     the alien's choosing who is authorized to practice in such 
     proceedings,
       ``(B) the alien shall have a reasonable opportunity to 
     examine the evidence against the alien, to present evidence 
     on the alien's own behalf, and to cross-examine witnesses 
     presented by the Government but these rights shall not 
     entitle the alien to examine such national security 
     information as the Government may proffer in opposition to 
     the alien's admission to the United States or to an 
     application by the alien for discretionary relief under this 
     Act, and
       ``(C) a complete record shall be kept of all testimony and 
     evidence produced at the proceeding.
       ``(5) Consequences of failure to appear.--
       ``(A) In general.--Any alien who, after written notice 
     required under paragraph (1) or (2) of section 239(a) has 
     been provided to the alien or the alien's counsel of record, 
     does not attend a proceeding under this section, shall be 
     ordered removed in absentia if the Service establishes by 
     clear, unequivocal, and convincing evidence that the written 
     notice was so provided and that the alien is removable (as 
     defined in subsection (e)(2)). The written notice by the 
     Attorney General shall be considered sufficient for purposes 
     of this subparagraph if provided at the most recent address 
     provided under section 239(a)(1)(F).
       ``(B) No notice if failure to provide address 
     information.--No written notice shall be required under 
     subparagraph (A) if the alien has failed to provide the 
     address required under section 239(a)(1)(F).
       ``(C) Rescission of order.--Such an order may be rescinded 
     only--
       ``(i) upon a motion to reopen filed within 180 days after 
     the date of the order of removal if the alien demonstrates 
     that the failure to appear was because of exceptional 
     circumstances (as defined in subsection (e)(1)), or
       ``(ii) upon a motion to reopen filed at any time if the 
     alien demonstrates that the alien did not receive notice in 
     accordance with paragraph (1) or (2) of section 239(a) or the 
     alien demonstrates that the alien was in Federal or State 
     custody and the failure to appear was through no fault of the 
     alien.

     The filing of the motion to reopen described in clause (i) or 
     (ii) shall stay the removal of the alien pending disposition 
     of the motion by the immigration judge.
       ``(D) Effect on judicial review.--Any petition for review 
     under section 242 of an order entered in absentia under this 
     paragraph shall (except in cases described in section 
     242(b)(5)) be confined to (i) the validity of the notice 
     provided to the alien, (ii) the reasons for the alien's not 
     attending the proceeding, and (iii) whether or not the alien 
     is removable.
       ``(E) Additional application to certain aliens in 
     contiguous territory.--The preceding provisions of this 
     paragraph shall apply to all aliens placed in proceedings 
     under this section, including any alien who remains in a 
     contiguous foreign territory pursuant to section 
     235(b)(2)(C).
       ``(6) Treatment of frivolous behavior.--The Attorney 
     General shall, by regulation--
       ``(A) define in a proceeding before an immigration judge or 
     before an appellate administrative body under this title, 
     frivolous behavior for which attorneys may be sanctioned,
       ``(B) specify the circumstances under which an 
     administrative appeal of a decision or ruling will be 
     considered frivolous and will be summarily dismissed, and
       ``(C) impose appropriate sanctions (which may include 
     suspension and disbarment) in the case of frivolous behavior.

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

     In meeting the burden of proof under subparagraph (B), the 
     alien shall have access to the alien's visa or other entry 
     document, if any, and any other records and documents, not 
     considered by the Attorney General to be confidential, 
     pertaining to the alien's admission or presence in the United 
     States.

[[Page H10854]]

       ``(3) Burden on service in cases of deportable aliens.--
       ``(A) In general.--In the proceeding the Service has the 
     burden of establishing by clear and convincing evidence that, 
     in the case of an alien who has been admitted to the United 
     States, the alien is deportable. No decision on deportability 
     shall be valid unless it is based upon reasonable, 
     substantial, and probative evidence.
       ``(B) Proof of convictions.--In any proceeding under this 
     Act, any of the following documents or records (or a 
     certified copy of such an official document or record) shall 
     constitute proof of a criminal conviction:
       ``(i) An official record of judgment and conviction.
       ``(ii) An official record of plea, verdict, and sentence.
       ``(iii) A docket entry from court records that indicates 
     the existence of the conviction.
       ``(iv) Official minutes of a court proceeding or a 
     transcript of a court hearing in which the court takes notice 
     of the existence of the conviction.
       ``(v) An abstract of a record of conviction prepared by the 
     court in which the conviction was entered, or by a State 
     official associated with the State's repository of criminal 
     justice records, that indicates the charge or section of law 
     violated, the disposition of the case, the existence and date 
     of conviction, and the sentence.
       ``(vi) Any document or record prepared by, or under the 
     direction of, the court in which the conviction was entered 
     that indicates the existence of a conviction.
       ``(vii) Any document or record attesting to the conviction 
     that is maintained by an official of a State or Federal penal 
     institution, which is the basis for that institution's 
     authority to assume custody of the individual named in the 
     record.
       ``(C) Electronic records.--In any proceeding under this 
     Act, any record of conviction or abstract that has been 
     submitted by electronic means to the Service from a State or 
     court shall be admissible as evidence to prove a criminal 
     conviction if it is--
       ``(i) certified by a State official associated with the 
     State's repository of criminal justice records as an official 
     record from its repository or by a court official from the 
     court in which the conviction was entered as an official 
     record from its repository, and
       ``(ii) certified in writing by a Service official as having 
     been received electronically from the State's record 
     repository or the court's record repository.
     A certification under clause (i) may be by means of a 
     computer-generated signature and statement of authenticity.
       ``(4) Notice.--If the immigration judge decides that the 
     alien is removable and orders the alien to be removed, the 
     judge shall inform the alien of the right to appeal that 
     decision and of the consequences for failure to depart under 
     the order of removal, including civil and criminal penalties.
       ``(5) Motions to reconsider.--
       ``(A) In general.--The alien may file one motion to 
     reconsider a decision that the alien is removable from the 
     United States.
       ``(B) Deadline.--The motion must be filed within 30 days of 
     the date of entry of a final administrative order of removal.
       ``(C) Contents.--The motion shall specify the errors of law 
     or fact in the previous order and shall be supported by 
     pertinent authority.
       ``(6) Motions to reopen.--
       ``(A) In general.--An alien may file one motion to reopen 
     proceedings under this section.
       ``(B) Contents.--The motion to reopen shall state the new 
     facts that will be proven at a hearing to be held if the 
     motion is granted, and shall be supported by affidavits or 
     other evidentiary material.
       ``(C) Deadline.--
       ``(i) In general.--Except as provided in this subparagraph, 
     the motion to reopen shall be filed within 90 days of the 
     date of entry of a final administrative order of removal.
       ``(ii) Asylum.--There is no time limit on the filing of a 
     motion to reopen if the basis of the motion is to apply for 
     relief under sections 208 or 241(b)(3) and is based on 
     changed country conditions arising in the country of 
     nationality or the country to which removal has been ordered, 
     if such evidence is material and was not available and would 
     not have been discovered or presented at the previous 
     proceeding.
       ``(iii) Failure to appear.--The filing of a motion to 
     reopen an order entered pursuant to subsection (b)(5) is 
     subject to the deadline specified in subparagraph (C) of such 
     subsection.
       ``(d) Stipulated Removal.--The Attorney General shall 
     provide by regulation for the entry by an immigration judge 
     of an order of removal stipulated to by the alien (or the 
     alien's representative) and the Service. A stipulated order 
     shall constitute a conclusive determination of the alien's 
     removability from the United States.
       ``(e) Definitions.--In this section and section 240A:
       ``(1) Exceptional circumstances.--The term `exceptional 
     circumstances' refers to exceptional circumstances (such as 
     serious illness of the alien or serious illness or death of 
     the spouse, child, or parent of the alien, but not including 
     less compelling circumstances) beyond the control of the 
     alien.
       ``(2) Removable.--The term `removable' means--
       ``(A) in the case of an alien not admitted to the United 
     States, that the alien is inadmissible under section 212, or
       ``(B) in the case of an alien admitted to the United 
     States, that the alien is deportable under section 237.


            ``cancellation of removal; adjustment of status

       ``Sec. 240A. (a) Cancellation of Removal for Certain 
     Permanent Residents.--The Attorney General may cancel removal 
     in the case of an alien who is inadmissible or deportable 
     from the United States if the alien--
       ``(1) has been an alien lawfully admitted for permanent 
     residence for not less than 5 years,
       ``(2) has resided in the United States continuously for 7 
     years after having been admitted in any status, and
       ``(3) has not been convicted of any aggravated felony.
       ``(b) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--
       ``(1) In general.--The Attorney General may cancel removal 
     in the case of an alien who is inadmissible or deportable 
     from the United States if the alien--
       ``(A) has been physically present in the United States for 
     a continuous period of not less than 10 years immediately 
     preceding the date of such application;
       ``(B) has been a person of good moral character during such 
     period;
       ``(C) has not been convicted of an offense under section 
     212(a)(2), 237(a)(2), or 237(a)(3); and
       ``(D) establishes that removal would result in exceptional 
     and extremely unusual hardship to the alien's spouse, parent, 
     or child, who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence.
       ``(2) Special rule for battered spouse or child.--The 
     Attorney General may cancel removal in the case of an alien 
     who is inadmissible or deportable from the United States if 
     the alien demonstrates that--
       ``(A) the alien has been battered or subjected to extreme 
     cruelty in the United States by a spouse or parent who is a 
     United States citizen or lawful permanent resident (or is the 
     parent of a child of a United States citizen or lawful 
     permanent resident and the child has been battered or 
     subjected to extreme cruelty in the United States by such 
     citizen or permanent resident parent);
       ``(B) the alien has been physically present in the United 
     States for a continuous period of not less than 3 years 
     immediately preceding the date of such application;
       ``(C) the alien has been a person of good moral character 
     during such period;
       ``(D) the alien is not inadmissible under paragraph (2) or 
     (3) of section 212(a), is not deportable under paragraph 
     (1)(G) or (2) through (4) of section 237(a), and has not been 
     convicted of an aggravated felony; and
       ``(E) the removal would result in extreme hardship to the 
     alien, the alien's child, or (in the case of an alien who is 
     a child) to the alien's parent.

     In acting on applications under this paragraph, the Attorney 
     General shall consider any credible evidence relevant to the 
     application. The determination of what evidence is credible 
     and the weight to be given that evidence shall be within the 
     sole discretion of the Attorney General.
       ``(3) Adjustment of status.--The Attorney General may 
     adjust to the status of an alien lawfully admitted for 
     permanent residence any alien who the Attorney General 
     determines meets the requirements of paragraph (1) or (2). 
     The number of adjustments under this paragraph shall not 
     exceed 4,000 for any fiscal year. The Attorney General shall 
     record the alien's lawful admission for permanent residence 
     as of the date the Attorney General's cancellation of removal 
     under paragraph (1) or (2) or determination under this 
     paragraph.
       ``(c) Aliens Ineligible for Relief.--The provisions of 
     subsections (a) and (b)(1) shall not apply to any of the 
     following aliens:
       ``(1) An alien who entered the United States as a crewman 
     subsequent to June 30, 1964.
       ``(2) An alien who was admitted to the United States as a 
     nonimmigrant exchange alien as defined in section 
     101(a)(15)(J), or has acquired the status of such a 
     nonimmigrant exchange alien after admission, in order to 
     receive graduate medical education or training, regardless of 
     whether or not the alien is subject to or has fulfilled the 
     two-year foreign residence requirement of section 212(e).
       ``(3) An alien who--
       ``(A) was admitted to the United States as a nonimmigrant 
     exchange alien as defined in section 101(a)(15)(J) or has 
     acquired the status of such a nonimmigrant exchange alien 
     after admission other than to receive graduate medical 
     education or training,
       ``(B) is subject to the two-year foreign residence 
     requirement of section 212(e), and
       ``(C) has not fulfilled that requirement or received a 
     waiver thereof.
       ``(4) An alien who is inadmissible under section 212(a)(3) 
     or deportable under section 237(a)(4).
       ``(5) An alien who is described in section 241(b)(3)(B)(i).
       ``(6) An alien whose removal has previously been cancelled 
     under this section or whose deportation was suspended under 
     section 244(a) or who has been granted relief under section 
     212(c), as such sections were in effect before the date of 
     the enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996.
       ``(d) Special Rules Relating to Continuous Residence or 
     Physical Presence.--
       ``(1) Termination of continuous period.--For purposes of 
     this section, any period of continuous residence or 
     continuous physical presence in the United States shall be 
     deemed to end when the alien is served a notice to appear 
     under section 239(a) or when the alien has committed an 
     offense referred to in section 212(a)(2) that renders the 
     alien inadmissible to the United States under section 
     212(a)(2) or removable from the United States under section 
     237(a)(2) or 237(a)(4), whichever is earliest.
       ``(2) Treatment of certain breaks in presence.--An alien 
     shall be considered to have failed to maintain continuous 
     physical presence

[[Page H10855]]

     in the United States under subsections (b)(1) and (b)(2) if 
     the alien has departed from the United States for any period 
     in excess of 90 days or for any periods in the aggregate 
     exceeding 180 days.
       ``(3) Continuity not required because of honorable service 
     in armed forces and presence upon entry into service.--The 
     requirements of continuous residence or continuous physical 
     presence in the United States under subsections (a) and (b) 
     shall not apply to an alien who--
       ``(A) has served for a minimum period of 24 months in an 
     active-duty status in the Armed Forces of the United States 
     and, if separated from such service, was separated under 
     honorable conditions, and
       ``(B) at the time of the alien's enlistment or induction 
     was in the United States.
       ``(e) Annual Limitation.--The Attorney General may not 
     cancel the removal and adjust the status under this section, 
     nor suspend the deportation and adjust the status under 
     section 244(a) (as in effect before the enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996), of a total of more than 4,000 aliens in any fiscal 
     year. The previous sentence shall apply regardless of when an 
     alien applied for such cancellation and adjustment and 
     whether such an alien had previously applied for suspension 
     of deportation under such section 244(a).


                         ``voluntary departure

       ``Sec. 240B. (a) Certain Conditions.--
       ``(1) In general.--The Attorney General may permit an alien 
     voluntarily to depart the United States at the alien's own 
     expense under this subsection, in lieu of being subject to 
     proceedings under section 240 or prior to the completion of 
     such proceedings, if the alien is not deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)(B).
       ``(2) Period.--Permission to depart voluntarily under this 
     subsection shall not be valid for a period exceeding 120 
     days.
       ``(3) Bond.--The Attorney General may require an alien 
     permitted to depart voluntarily under this subsection to post 
     a voluntary departure bond, to be surrendered upon proof that 
     the alien has departed the United States within the time 
     specified.
       ``(4) Treatment of aliens arriving in the united states.--
     In the case of an alien who is arriving in the United States 
     and with respect to whom proceedings under section 240 are 
     (or would otherwise be) initiated at the time of such alien's 
     arrival, paragraph (1) shall not apply. Nothing in this 
     paragraph shall be construed as preventing such an alien from 
     withdrawing the application for admission in accordance with 
     section 235(a)(4).
       ``(b) At Conclusion of Proceedings.--
       ``(1) In general.--The Attorney General may permit an alien 
     voluntarily to depart the United States at the alien's own 
     expense if, at the conclusion of a proceeding under section 
     240, the immigration judge enters an order granting voluntary 
     departure in lieu of removal and finds that--
       ``(A) the alien has been physically present in the United 
     States for a period of at least one year immediately 
     preceding the date the notice to appear was served under 
     section 239(a);
       ``(B) the alien is, and has been, a person of good moral 
     character for at least 5 years immediately preceding the 
     alien's application for voluntary departure;
       ``(C) the alien is not deportable under section 
     237(a)(2)(A)(iii) or section 237(a)(4); and
       ``(D) the alien has established by clear and convincing 
     evidence that the alien has the means to depart the United 
     States and intends to do so.
       ``(2) Period.--Permission to depart voluntarily under this 
     subsection shall not be valid for a period exceeding 60 days.
       ``(3) Bond.--An alien permitted to depart voluntarily under 
     this subsection shall be required to post a voluntary 
     departure bond, in an amount necessary to ensure that the 
     alien will depart, to be surrendered upon proof that the 
     alien has departed the United States within the time 
     specified.
       ``(c) Aliens Not Eligible.--The Attorney General shall not 
     permit an alien to depart voluntarily under this section if 
     the alien was previously permitted to so depart after having 
     been found inadmissible under section 212(a)(6)(A).
       ``(d) Civil Penalty for Failure to Depart.--If an alien is 
     permitted to depart voluntarily under this section and fails 
     voluntarily to depart the United States within the time 
     period specified, the alien shall be subject to a civil 
     penalty of not less than $1,000 and not more than $5,000, and 
     be ineligible for a period of 10 years for any further relief 
     under this section and sections 240A, 245, 248, and 249. The 
     order permitting the alien to depart voluntarily shall inform 
     the alien of the penalties under this subsection.
       ``(e) Additional Conditions.--The Attorney General may by 
     regulation limit eligibility for voluntary departure under 
     this section for any class or classes of aliens. No court may 
     review any regulation issued under this subsection.
       ``(f) Judicial Review.--No court shall have jurisdiction 
     over an appeal from denial of a request for an order of 
     voluntary departure under subsection (b), nor shall any court 
     order a stay of an alien's removal pending consideration of 
     any claim with respect to voluntary departure.''.
       (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 
     1182(c)) is repealed.
       (c) Streamlining Removal of Criminal Aliens.--
       (1) In general.--Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)), 
     as amended by section 442(a) of Public Law 104-132 and before 
     redesignation by section 308(b)(5), is amended--
       (A) by striking subparagraph (D);
       (B) by amending subparagraph (E) to read as follows:
       ``(D) a determination is made for the record that the 
     individual upon whom the notice for the proceeding under this 
     section is served (either in person or by mail) is, in fact, 
     the alien named in such notice;''; and
       (C) by redesignating subparagraphs (F) and (G) as 
     subparagraph (E) and (F), respectively.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall be effective as if included in the enactment of section 
     442(a) of Public Law 104-132.

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

       (a) In General.--Title II is further amended--
       (1) by striking section 237 (8 U.S.C. 1227),
       (2) by redesignating section 241 (8 U.S.C. 1251) as section 
     237 and by moving such section to immediately follow section 
     236, and
       (3) by inserting after section 240C (as redesignated by 
     section 304(a)(2)) the following new section:


           ``detention and removal of aliens ordered removed

       ``Sec. 241. (a) Detention, Release, and Removal of Aliens 
     Ordered Removed.--
       ``(1) Removal period.--
       ``(A) In general.--Except as otherwise provided in this 
     section, when an alien is ordered removed, the Attorney 
     General shall remove the alien from the United States within 
     a period of 90 days (in this section referred to as the 
     `removal period').
       ``(B) Beginning of period.--The removal period begins on 
     the latest of the following:
       ``(i) The date the order of removal becomes 
     administratively final.
       ``(ii) If the removal order is judicially reviewed and if a 
     court orders a stay of the removal of the alien, the date of 
     the court's final order.
       ``(iii) If the alien is detained or confined (except under 
     an immigration process), the date the alien is released from 
     detention or confinement.
       ``(C) Suspension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien fails 
     or refuses to make timely application in good faith for 
     travel or other documents necessary to the alien's departure 
     or conspires or acts to prevent the alien's removal subject 
     to an order of removal.
       ``(2) Detention.--During the removal period, the Attorney 
     General shall detain the alien. Under no circumstance during 
     the removal period shall the Attorney General release an 
     alien who has been found inadmissible under section 212(a)(2) 
     or 212(a)(3)(B) or deportable under section 237(a)(2) or 
     237(a)(4)(B).
       ``(3) Supervision after 90-day period.--If the alien does 
     not leave or is not removed within the removal period, the 
     alien, pending removal, shall be subject to supervision under 
     regulations prescribed by the Attorney General. The 
     regulations shall include provisions requiring the alien--
       ``(A) to appear before an immigration officer periodically 
     for identification;
       ``(B) to submit, if necessary, to a medical and psychiatric 
     examination at the expense of the United States Government;
       ``(C) to give information under oath about the alien's 
     nationality, circumstances, habits, associations, and 
     activities, and other information the Attorney General 
     considers appropriate; and
       ``(D) to obey reasonable written restrictions on the 
     alien's conduct or activities that the Attorney General 
     prescribes for the alien.
       ``(4) Aliens imprisoned, arrested, or on parole, supervised 
     release, or probation.--
       ``(A) In general.--Except as provided in section 343(a) of 
     the Public Health Service Act (42 U.S.C. 259(a)) and 
     paragraph (2), the Attorney General may not remove an alien 
     who is sentenced to imprisonment until the alien is released 
     from imprisonment. Parole, supervised release, probation, or 
     possibility of arrest or further imprisonment is not a reason 
     to defer removal.
       ``(B) Exception for removal of nonviolent offenders prior 
     to completion of sentence of imprisonment.--The Attorney 
     General is authorized to remove an alien in accordance with 
     applicable procedures under this Act before the alien has 
     completed a sentence of imprisonment--
       ``(i) in the case of an alien in the custody of the 
     Attorney General, if the Attorney General determines that (I) 
     the alien is confined pursuant to a final conviction for a 
     nonviolent offense (other than an offense related to 
     smuggling or harboring of aliens or an offense described in 
     section 101(a)(43)(B), (C), (E), (I), or (L) and (II) the 
     removal of the alien is appropriate and in the best interest 
     of the United States; or
       ``(ii) in the case of an alien in the custody of a State 
     (or a political subdivision of a State), if the chief State 
     official exercising authority with respect to the 
     incarceration of the alien determines that (I) the alien is 
     confined pursuant to a final conviction for a nonviolent 
     offense (other than an offense described in section 
     101(a)(43)(C) or (E)), (II) the removal is appropriate and in 
     the best interest of the State, and (III) submits a written 
     request to the Attorney General that such alien be so 
     removed.
       ``(C) Notice.--Any alien removed pursuant to this paragraph 
     shall be notified of the penalties under the laws of the 
     United States relating to the reentry of deported aliens, 
     particularly the expanded penalties for aliens removed under 
     subparagraph (B).
       ``(D) No private right.--No cause or claim may be asserted 
     under this paragraph against any official of the United 
     States or of any State to compel the release, removal, or 
     consideration for release or removal of any alien.
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--If the Attorney General finds that an 
     alien has reentered the United States illegally after having

[[Page H10856]]

     been removed or having departed voluntarily, under an order 
     of removal, the prior order of removal is reinstated from its 
     original date and is not subject to being reopened or 
     reviewed, the alien is not eligible and may not apply for any 
     relief under this Act, and the alien shall be removed under 
     the prior order at any time after the reentry.
       ``(6) Inadmissible or criminal aliens.--An alien ordered 
     removed who is inadmissible under section 212, removable 
     under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who 
     has been determined by the Attorney General to be a risk to 
     the community or unlikely to comply with the order of 
     removal, may be detained beyond the removal period and, if 
     released, shall be subject to the terms of supervision in 
     paragraph (3).
       ``(7) Employment authorization.--No alien ordered removed 
     shall be eligible to receive authorization to be employed in 
     the United States unless the Attorney General makes a 
     specific finding that--
       ``(A) the alien cannot be removed due to the refusal of all 
     countries designated by the alien or under this section to 
     receive the alien, or
       ``(B) the removal of the alien is otherwise impracticable 
     or contrary to the public interest.
       ``(b) Countries to Which Aliens May Be Removed.--
       ``(1) Aliens arriving at the united states.--Subject to 
     paragraph (3)--
       ``(A) In general.--Except as provided by subparagraphs (B) 
     and (C), an alien who arrives at the United States and with 
     respect to whom proceedings under section 240 were initiated 
     at the time of such alien's arrival shall be removed to the 
     country in which the alien boarded the vessel or aircraft on 
     which the alien arrived in the United States.
       ``(B) Travel from contiguous territory.--If the alien 
     boarded the vessel or aircraft on which the alien arrived in 
     the United States in a foreign territory contiguous to the 
     United States, an island adjacent to the United States, or an 
     island adjacent to a foreign territory contiguous to the 
     United States, and the alien is not a native, citizen, 
     subject, or national of, or does not reside in, the territory 
     or island, removal shall be to the country in which the alien 
     boarded the vessel that transported the alien to the 
     territory or island.
       ``(C) Alternative countries.--If the government of the 
     country designated in subparagraph (A) or (B) is unwilling to 
     accept the alien into that country's territory, removal shall 
     be to any of the following countries, as directed by the 
     Attorney General:
       ``(i) The country of which the alien is a citizen, subject, 
     or national.
       ``(ii) The country in which the alien was born.
       ``(iii) The country in which the alien has a residence.
       ``(iv) A country with a government that will accept the 
     alien into the country's territory if removal to each country 
     described in a previous clause of this subparagraph is 
     impracticable, inadvisable, or impossible.
       ``(2) Other aliens.--Subject to paragraph (3)--
       ``(A) Selection of country by alien.--Except as otherwise 
     provided in this paragraph--
       ``(i) any alien not described in paragraph (1) who has been 
     ordered removed may designate one country to which the alien 
     wants to be removed, and
       ``(ii) the Attorney General shall remove the alien to the 
     country the alien so designates.
       ``(B) Limitation on designation.--An alien may designate 
     under subparagraph (A)(i) a foreign territory contiguous to 
     the United States, an adjacent island, or an island adjacent 
     to a foreign territory contiguous to the United States as the 
     place to which the alien is to be removed only if the alien 
     is a native, citizen, subject, or national of, or has resided 
     in, that designated territory or island.
       ``(C) Disregarding designation.--The Attorney General may 
     disregard a designation under subparagraph (A)(i) if--
       ``(i) the alien fails to designate a country promptly;
       ``(ii) the government of the country does not inform the 
     Attorney General finally, within 30 days after the date the 
     Attorney General first inquires, whether the government will 
     accept the alien into the country;
       ``(iii) the government of the country is not willing to 
     accept the alien into the country; or
       ``(iv) the Attorney General decides that removing the alien 
     to the country is prejudicial to the United States.
       ``(D) Alternative country.--If an alien is not removed to a 
     country designated under subparagraph (A)(i), the Attorney 
     General shall remove the alien to a country of which the 
     alien is a subject, national, or citizen unless the 
     government of the country--
       ``(i) does not inform the Attorney General or the alien 
     finally, within 30 days after the date the Attorney General 
     first inquires or within another period of time the Attorney 
     General decides is reasonable, whether the government will 
     accept the alien into the country; or
       ``(ii) is not willing to accept the alien into the country.
       ``(E) Additional removal countries.--If an alien is not 
     removed to a country under the previous subparagraphs of this 
     paragraph, the Attorney General shall remove the alien to any 
     of the following countries:
       ``(i) The country from which the alien was admitted to the 
     United States.
       ``(ii) The country in which is located the foreign port 
     from which the alien left for the United States or for a 
     foreign territory contiguous to the United States.
       ``(iii) A country in which the alien resided before the 
     alien entered the country from which the alien entered the 
     United States.
       ``(iv) The country in which the alien was born.
       ``(v) The country that had sovereignty over the alien's 
     birthplace when the alien was born.
       ``(vi) The country in which the alien's birthplace is 
     located when the alien is ordered removed.
       ``(vii) If impracticable, inadvisable, or impossible to 
     remove the alien to each country described in a previous 
     clause of this subparagraph, another country whose government 
     will accept the alien into that country.
       ``(F) Removal country when united states is at war.--When 
     the United States is at war and the Attorney General decides 
     that it is impracticable, inadvisable, inconvenient, or 
     impossible to remove an alien under this subsection because 
     of the war, the Attorney General may remove the alien--
       ``(i) to the country that is host to a government in exile 
     of the country of which the alien is a citizen or subject if 
     the government of the host country will permit the alien's 
     entry; or
       ``(ii) if the recognized government of the country of which 
     the alien is a citizen or subject is not in exile, to a 
     country, or a political or territorial subdivision of a 
     country, that is very near the country of which the alien is 
     a citizen or subject, or, with the consent of the government 
     of the country of which the alien is a citizen or subject, to 
     another country.
       ``(3) Restriction on removal to a country where alien's 
     life or freedom would be threatened.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (2), 
     the Attorney General may not remove an alien to a country if 
     the Attorney General decides that the alien's life or freedom 
     would be threatened in that country because of the alien's 
     race, religion, nationality, membership in a particular 
     social group, or political opinion.
       ``(B) Exception.--Subparagraph (A) does not apply to an 
     alien deportable under section 237(a)(4)(D) or if the 
     Attorney General decides that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of an individual because of 
     the individual's race, religion, nationality, membership in a 
     particular social group, or political opinion;
       ``(ii) the alien, having been convicted by a final judgment 
     of a particularly serious crime is a danger to the community 
     of the United States;
       ``(iii) there are serious reasons to believe that the alien 
     committed a serious nonpolitical crime outside the United 
     States before the alien arrived in the United States; or
       ``(iv) there are reasonable grounds to believe that the 
     alien is a danger to the security of the United States.

     For purposes of clause (ii), an alien who has been convicted 
     of an aggravated felony (or felonies) for which the alien has 
     been sentenced to an aggregate term of imprisonment of at 
     least 5 years shall be considered to have committed a 
     particularly serious crime. The previous sentence shall not 
     preclude the Attorney General from determining that, 
     notwithstanding the length of sentence imposed, an alien has 
     been convicted of a particularly serious crime. For purposes 
     of clause (iv), an alien who is described in section 
     237(a)(4)(B) shall be considered to be an alien with respect 
     to whom there are reasonable grounds for regarding as a 
     danger to the security of the United States.
       ``(c) Removal of Aliens Arriving at Port of Entry.--
       ``(1) Vessels and aircraft.--An alien arriving at a port of 
     entry of the United States who is ordered removed either 
     without a hearing under section 235(b)(1) or 235(c) or 
     pursuant to proceedings under section 240 initiated at the 
     time of such alien's arrival shall be removed immediately on 
     a vessel or aircraft owned by the owner of the vessel or 
     aircraft on which the alien arrived in the United States, 
     unless--
       ``(A) it is impracticable to remove the alien on one of 
     those vessels or aircraft within a reasonable time, or
       ``(B) the alien is a stowaway--
       ``(i) who has been ordered removed in accordance with 
     section 235(a)(1),
       ``(ii) who has requested asylum, and
       ``(iii) whose application has not been adjudicated or whose 
     asylum application has been denied but who has not exhausted 
     all appeal rights.
       ``(2) Stay of removal.--
       ``(A) In general.--The Attorney General may stay the 
     removal of an alien under this subsection if the Attorney 
     General decides that--
       ``(i) immediate removal is not practicable or proper; or
       ``(ii) the alien is needed to testify in the prosecution of 
     a person for a violation of a law of the United States or of 
     any State.
       ``(B) Payment of detention costs.--During the period an 
     alien is detained because of a stay of removal under 
     subparagraph (A)(ii), the Attorney General may pay from the 
     appropriation `Immigration and Naturalization Service--
     Salaries and Expenses'--
       ``(i) the cost of maintenance of the alien; and
       ``(ii) a witness fee of $1 a day.
       ``(C) Release during stay.--The Attorney General may 
     release an alien whose removal is stayed under subparagraph 
     (A)(ii) on--
       ``(i) the alien's filing a bond of at least $500 with 
     security approved by the Attorney General;
       ``(ii) condition that the alien appear when required as a 
     witness and for removal; and
       ``(iii) other conditions the Attorney General may 
     prescribe.
       ``(3) Costs of detention and maintenance pending removal.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and subsection (d), an owner of a vessel or aircraft bringing 
     an alien to the United States shall pay the costs of 
     detaining and maintaining the alien--
       ``(i) while the alien is detained under subsection (d)(1), 
     and
       ``(ii) in the case of an alien who is a stowaway, while the 
     alien is being detained pursuant to--

[[Page H10857]]

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

       ``(B) Nonapplication.--Subparagraph (A) shall not apply 
     if--
       ``(i) the alien is a crewmember;
       ``(ii) the alien has an immigrant visa;
       ``(iii) the alien has a nonimmigrant visa or other 
     documentation authorizing the alien to apply for temporary 
     admission to the United States and applies for admission not 
     later than 120 days after the date the visa or documentation 
     was issued;
       ``(iv) the alien has a reentry permit and applies for 
     admission not later than 120 days after the date of the 
     alien's last inspection and admission;
       ``(v)(I) the alien has a nonimmigrant visa or other 
     documentation authorizing the alien to apply for temporary 
     admission to the United States or a reentry permit;
       ``(II) the alien applies for admission more than 120 days 
     after the date the visa or documentation was issued or after 
     the date of the last inspection and admission under the 
     reentry permit; and
       ``(III) the owner of the vessel or aircraft satisfies the 
     Attorney General that the existence of the condition relating 
     to inadmissibility could not have been discovered by 
     exercising reasonable care before the alien boarded the 
     vessel or aircraft; or
       ``(vi) the individual claims to be a national of the United 
     States and has a United States passport.
        ``(d) Requirements of Persons Providing Transportation.--
       ``(1) Removal at time of arrival.--An owner, agent, master, 
     commanding officer, person in charge, purser, or consignee of 
     a vessel or aircraft bringing an alien (except an alien 
     crewmember) to the United States shall--
       ``(A) receive an alien back on the vessel or aircraft or 
     another vessel or aircraft owned or operated by the same 
     interests if the alien is ordered removed under this part; 
     and
       ``(B) take the alien to the foreign country to which the 
     alien is ordered removed.
       ``(2) Alien stowaways.--An owner, agent, master, commanding 
     officer, charterer, or consignee of a vessel or aircraft 
     arriving in the United States with an alien stowaway--
       ``(A) shall detain the alien on board the vessel or 
     aircraft, or at such place as the Attorney General shall 
     designate, until completion of the inspection of the alien by 
     an immigration officer;
       ``(B) may not permit the stowaway to land in the United 
     States, except pursuant to regulations of the Attorney 
     General temporarily--
       ``(i) for medical treatment,
       ``(ii) for detention of the stowaway by the Attorney 
     General, or
       ``(iii) for departure or removal of the stowaway; and
       ``(C) if ordered by an immigration officer, shall remove 
     the stowaway on the vessel or aircraft or on another vessel 
     or aircraft.

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

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

       ``(C) Costs of removal of certain aliens granted voluntary 
     departure.--In the case of an alien who has been granted 
     voluntary departure under section 240B and who is financially 
     unable to depart at the alien's own expense and whose removal 
     the Attorney General deems to be in the best interest of the 
     United States, the expense of such removal may be paid from 
     the appropriation for the enforcement of this Act.
       ``(f) Aliens Requiring Personal Care During Removal.--
       ``(1) In general.--If the Attorney General believes that an 
     alien being removed requires personal care because of the 
     alien's mental or physical condition, the Attorney General 
     may employ a suitable person for that purpose who shall 
     accompany and care for the alien until the alien arrives at 
     the final destination.
       ``(2) Costs.--The costs of providing the service described 
     in paragraph (1) shall be defrayed in the same manner as the 
     expense of removing the accompanied alien is defrayed under 
     this section.
       ``(g) Places of Detention.--
       ``(1) In general.--The Attorney General shall arrange for 
     appropriate places of detention for aliens detained pending 
     removal or a decision on removal. When United States 
     Government facilities are unavailable or facilities adapted 
     or suitably located for detention are unavailable for rental, 
     the Attorney General may expend from the appropriation 
     `Immigration and Naturalization Service--Salaries and 
     Expenses', without regard to section 3709 of the Revised 
     Statutes (41 U.S.C. 5), amounts necessary to acquire land and 
     to acquire, build, remodel, repair, and operate facilities 
     (including living quarters for immigration officers if not 
     otherwise available) necessary for detention.
       ``(2) Detention facilities of the immigration and 
     naturalization service.--Prior to initiating any project for 
     the construction of any new detention facility for the 
     Service, the Commissioner shall consider the availability for 
     purchase or lease of any existing prison, jail, detention 
     center, or other comparable facility suitable for such use.
       ``(h) Statutory Construction.--Nothing in this section 
     shall be construed to create any substantive or procedural 
     right or benefit that is legally enforceable by any party 
     against the United States or its agencies or officers or any 
     other person.''.
       (b) Reentry of Alien Removed Prior to Completion of Term of 
     Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended 
     by section 321(b), is amended--
       (1) by striking ``or'' at the end of paragraph (2),
       (2) by adding ``or'' at the end of paragraph (3), and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) who was removed from the United States pursuant to 
     section 241(a)(4)(B) who thereafter, without the permission 
     of the Attorney General, enters, attempts to enter, or is at 
     any time found in, the United States (unless the Attorney 
     General has expressly consented to such alien's reentry) 
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 10 years, or both.
       (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) 
     (8 U.S.C. 1182(a)(4)), as amended by section 621(a), is 
     amended by striking ``241(a)(5)(B)'' each place it appears 
     and inserting ``237(a)(5)(B)''.

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

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


                 ``judicial review of orders of removal

       ``Sec. 242. (a) Applicable Provisions.--
       ``(1) General orders of removal.--Judicial review of a 
     final order of removal (other than an order of removal 
     without a hearing pursuant to section 235(b)(1)) is governed 
     only by chapter 158 of title 28 of the United States Code, 
     except as provided in subsection (b) and except that the 
     court may not order the taking of additional evidence under 
     section 2347(c) of such title.
       ``(2) Matters not subject to judicial review.--
       ``(A) Review relating to section 235(b)(1).--
     Notwithstanding any other provision of law, no court shall 
     have jurisdiction to review--
       ``(i) except as provided in subsection (e), any individual 
     determination or to entertain any other cause or claim 
     arising from or relating to the implementation or operation 
     of an order of removal pursuant to section 235(b)(1),
       ``(ii) except as provided in subsection (e), a decision by 
     the Attorney General to invoke the provisions of such 
     section,

[[Page H10858]]

       ``(iii) the application of such section to individual 
     aliens, including the determination made under section 
     235(b)(1)(B), or
       ``(iv) except as provided in subsection (e), procedures and 
     policies adopted by the Attorney General to implement the 
     provisions of section 235(b)(1).
       ``(B) Denials of discretionary relief.--Notwithstanding any 
     other provision of law, no court shall have jurisdiction to 
     review--
       ``(i) any judgment regarding the granting of relief under 
     section 212(h), 212(i), 240A, 240B, or 245, or
       ``(ii) any other decision or action of the Attorney General 
     the authority for which is specified under this title to be 
     in the discretion of the Attorney General, other than the 
     granting of relief under section 208(a).
       ``(C) Orders against criminal aliens.--Notwithstanding any 
     other provision of law, no court shall have jurisdiction to 
     review any final order of removal against an alien who is 
     removable by reason of having committed a criminal offense 
     covered in section 212(a)(2) or 237(a)(2)(A)(iii), (B), (C), 
     or (D), or any offense covered by section 237(a)(2)(A)(ii) 
     for which both predicate offenses are, without regard to 
     their date of commission, otherwise covered by section 
     237(a)(2)(A)(i).
       ``(3) Treatment of certain decisions.--No alien shall have 
     a right to appeal from a decision of an immigration judge 
     which is based solely on a certification described in section 
     240(c)(1)(B).
       ``(b) Requirements for Review of Orders of Removal.--With 
     respect to review of an order of removal under subsection 
     (a)(1), the following requirements apply:
       ``(1) Deadline.--The petition for review must be filed not 
     later than 30 days after the date of the final order of 
     removal.
       ``(2) Venue and forms.--The petition for review shall be 
     filed with the court of appeals for the judicial circuit in 
     which the immigration judge completed the proceedings. The 
     record and briefs do not have to be printed. The court of 
     appeals shall review the proceeding on a typewritten record 
     and on typewritten briefs.
       ``(3) Service.--
       ``(A) In general.--The respondent is the Attorney General. 
     The petition shall be served on the Attorney General and on 
     the officer or employee of the Service in charge of the 
     Service district in which the final order of removal under 
     section 240 was entered.
       ``(B) Stay of order.--Service of the petition on the 
     officer or employee does not stay the removal of an alien 
     pending the court's decision on the petition, unless the 
     court orders otherwise.
       ``(C) Alien's brief.--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. If an alien fails to file a 
     brief within the time provided in this paragraph, the court 
     shall dismiss the appeal unless a manifest injustice would 
     result.
       ``(4) Scope and standard for review.--Except as provided in 
     paragraph (5)(B)--
       ``(A) the court of appeals shall decide the petition only 
     on the administrative record on which the order of removal is 
     based,
       ``(B) the administrative findings of fact are conclusive 
     unless any reasonable adjudicator would be compelled to 
     conclude to the contrary,
       ``(C) a decision that an alien is not eligible for 
     admission to the United States is conclusive unless 
     manifestly contrary to law, and
       ``(D) the Attorney General's discretionary judgment whether 
     to grant relief under section 208(a) shall be conclusive 
     unless manifestly contrary to the law and an abuse of 
     discretion.
       ``(5) Treatment of nationality claims.--
       ``(A) Court determination if no issue of fact.--If the 
     petitioner claims to be a national of the United States and 
     the court of appeals finds from the pleadings and affidavits 
     that no genuine issue of material fact about the petitioner's 
     nationality is presented, the court shall decide the 
     nationality claim.
       ``(B) Transfer if issue of fact.--If the petitioner claims 
     to be a national of the United States and the court of 
     appeals finds that a genuine issue of material fact about the 
     petitioner's nationality is presented, the court shall 
     transfer the proceeding to the district court of the United 
     States for the judicial district in which the petitioner 
     resides for a new hearing on the nationality claim and a 
     decision on that claim as if an action had been brought in 
     the district court under section 2201 of title 28, United 
     States Code.

       ``(C) Limitation on determination.--The petitioner may have 
     such nationality claim decided only as provided in this 
     paragraph.
       ``(6) Consolidation with review of motions to reopen or 
     reconsider.--When a petitioner seeks review of an order under 
     this section, any review sought of a motion to reopen or 
     reconsider the order shall be consolidated with the review of 
     the order.
       ``(7) Challenge to validity of orders in certain criminal 
     proceedings.--
       ``(A) In general.--If the validity of an order of removal 
     has not been judicially decided, a defendant in a criminal 
     proceeding charged with violating section 243(a) may 
     challenge the validity of the order in the criminal 
     proceeding only by filing a separate motion before trial. The 
     district court, without a jury, shall decide the motion 
     before trial.
       ``(B) Claims of united states nationality.--If the 
     defendant claims in the motion to be a national of the United 
     States and the district court finds that--
       ``(i) no genuine issue of material fact about the 
     defendant's nationality is presented, the court shall decide 
     the motion only on the administrative record on which the 
     removal order is based and the administrative findings of 
     fact are conclusive if supported by reasonable, substantial, 
     and probative evidence on the record considered as a whole; 
     or
       ``(ii) a genuine issue of material fact about the 
     defendant's nationality is presented, the court shall hold a 
     new hearing on the nationality claim and decide that claim as 
     if an action had been brought under section 2201 of title 28, 
     United States Code.
     The defendant may have such nationality claim decided only as 
     provided in this subparagraph.
       ``(C) Consequence of invalidation.--If the district court 
     rules that the removal order is invalid, the court shall 
     dismiss the indictment for violation of section 243(a). The 
     United States Government may appeal the dismissal to the 
     court of appeals for the appropriate circuit within 30 days 
     after the date of the dismissal.
       ``(D) Limitation on filing petitions for review.--The 
     defendant in a criminal proceeding under section 243(a) may 
     not file a petition for review under subsection (a) during 
     the criminal proceeding.
       ``(8) Construction.--This subsection--
       ``(A) does not prevent the Attorney General, after a final 
     order of removal has been issued, from detaining the alien 
     under section 241(a);
       ``(B) does not relieve the alien from complying with 
     section 241(a)(4) and section 243(g); and
       ``(C) does not require the Attorney General to defer 
     removal of the alien.
       ``(9) Consolidation of questions for judicial review.--
     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 remove an alien from the United States 
     under this title shall be available only in judicial review 
     of a final order under this section.
       ``(c) Requirements for Petition.--A petition for review or 
     for habeas corpus of an order of removal--
       ``(1) shall attach a copy of such order, and
       ``(2) shall state whether a court has upheld the validity 
     of the order, and, if so, shall state the name of the court, 
     the date of the court's ruling, and the kind of proceeding.
       ``(d) Review of Final Orders.--A court may review a final 
     order of removal only if--
       ``(1) the alien has exhausted all administrative remedies 
     available to the alien as of right, and
       ``(2) another court has not decided the validity of the 
     order, unless the reviewing court finds that the petition 
     presents grounds that could not have been presented in the 
     prior judicial proceeding or that the remedy provided by the 
     prior proceeding was inadequate or ineffective to test the 
     validity of the order.
       ``(e) Judicial Review of Orders Under Section 235(b)(1).--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to an order to exclude an 
     alien in accordance with section 235(b)(1) except as 
     specifically authorized in a subsequent paragraph of this 
     subsection, or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Habeas corpus proceedings.--Judicial review of any 
     determination made under section 235(b)(1) is available in 
     habeas corpus proceedings, but shall be limited to 
     determinations of--
       ``(A) whether the petitioner is an alien,
       ``(B) whether the petitioner was ordered removed under such 
     section, and
       ``(C) whether the petitioner can prove by a preponderance 
     of the evidence that the petitioner is an alien lawfully 
     admitted for permanent residence, has been admitted as a 
     refugee under section 207, or has been granted asylum under 
     section 208, such status not having been terminated, and is 
     entitled to such further inquiry as prescribed by the 
     Attorney General pursuant to section 235(b)(1)(C).
       ``(3) Challenges on validity of the system.--
       ``(A) In general.--Judicial review of determinations under 
     section 235(b) and its implementation is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, is constitutional; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority of the Attorney General to 
     implement such section, is not consistent with applicable 
     provisions of this title or is otherwise in violation of law.
       ``(B) Deadlines for bringing actions.--Any action 
     instituted under this paragraph must be filed no later than 
     60 days after the date the challenged section, regulation, 
     directive, guideline, or procedure described in clause (i) or 
     (ii) of subparagraph (A) is first implemented.
       ``(C) Notice of appeal.--A notice of appeal of an order 
     issued by the District Court under this paragraph may be 
     filed not later than 30 days after the date of issuance of 
     such order.
       ``(D) Expeditious consideration of cases.--It shall be the 
     duty of the District Court, the Court of Appeals, and the 
     Supreme Court of the United States to advance on the docket 
     and to expedite to the greatest possible extent the 
     disposition of any case considered under this paragraph.
       ``(4) Decision.--In any case where the court determines 
     that the petitioner--

[[Page H10859]]

       ``(A) is an alien who was not ordered removed under section 
     235(b)(1), or
       ``(B) has demonstrated by a preponderance of the evidence 
     that the alien is an alien lawfully admitted for permanent 
     residence, has been admitted as a refugee under section 207, 
     or has been granted asylum under section 208,

     the court may order no remedy or relief other than to require 
     that the petitioner be provided a hearing in accordance with 
     section 240. Any alien who is provided a hearing under 
     section 240 pursuant to this paragraph may thereafter obtain 
     judicial review of any resulting final order of removal 
     pursuant to subsection (a)(1).
       ``(5) Scope of inquiry.--In determining whether an alien 
     has been ordered removed under section 235(b)(1), the court's 
     inquiry shall be limited to whether such an order in fact was 
     issued and whether it relates to the petitioner. There shall 
     be no review of whether the alien is actually inadmissible or 
     entitled to any relief from removal.
       ``(f) Limit on Injunctive Relief.--
       (1) In general.--Regardless of the nature of the action or 
     claim or of the identity of the party or parties bringing the 
     action, no court (other than the Supreme Court) shall have 
     jurisdiction or authority to enjoin or restrain the operation 
     of the provisions of chapter 4 of title II, as amended by the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996, other than with respect to the application of such 
     provisions to an individual alien against whom proceedings 
     under such chapter have been initiated.
       (2) Particular cases.--Notwithstanding any other provision 
     of law, no court shall enjoin the removal of any alien 
     pursuant to a final order under this section unless the alien 
     shows by clear and convincing evidence that the entry or 
     execution of such order is prohibited as a matter of law.
       ``(g) Exclusive Jurisdiction.--Except as provided in this 
     section and notwithstanding any other provision of law, no 
     court shall have jurisdiction to hear any cause or claim by 
     or on behalf of any alien arising from the decision or action 
     by the Attorney General to commence proceedings, adjudicate 
     cases, or execute removal orders against any alien under this 
     Act.''.
       (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 
     repealed.
       (c) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by subsections (a) and (b) shall apply to all final 
     orders of deportation or removal and motions to reopen filed 
     on or after the date of the enactment of this Act and 
     subsection (g) of section 242 of the Immigration and 
     Nationality Act (as added by subsection (a)), shall apply 
     without limitation to claims arising from all past, pending, 
     or future exclusion, deportation, or removal proceedings 
     under such Act.
       (2) Limitation.--Paragraph (1) shall not be considered to 
     invalidate or to require the reconsideration of any judgment 
     or order entered under section 106 of the Immigration and 
     Nationality Act, as amended by section 440 of Public Law 104-
     132.
       (d) Technical Amendment.--Effective as if included in the 
     enactment of the Antiterrorism and Effective Death Penalty 
     Act of 1996 (Public Law 104-132), subsections (a), (c), (d), 
     (g), and (h) of section 440 of such Act are amended by 
     striking ``any offense covered by section 241(a)(2)(A)(ii) 
     for which both predicate offenses are covered by section 
     241(a)(2)(A)(i)'' and inserting ``any offense covered by 
     section 241(a)(2)(A)(ii) for which both predicate offenses 
     are, without regard to the date of their commission, 
     otherwise covered by section 241(a)(2)(A)(i)''.

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

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


                     ``penalties related to removal

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

     shall be fined under title 18, United States Code, or 
     imprisoned not more than four years (or 10 years if the alien 
     is a member of any of the classes described in paragraph 
     (1)(E), (2), (3), or (4) of section 237(a)), or both.
       ``(2) Exception.--It is not a violation of paragraph (1) to 
     take any proper steps for the purpose of securing 
     cancellation of or exemption from such order of removal or 
     for the purpose of securing the alien's release from 
     incarceration or custody.
       ``(3) Suspension.--The court may for good cause suspend the 
     sentence of an alien under this subsection and order the 
     alien's release under such conditions as the court may 
     prescribe. In determining whether good cause has been shown 
     to justify releasing the alien, the court shall take into 
     account such factors as--
       ``(A) the age, health, and period of detention of the 
     alien;
       ``(B) the effect of the alien's release upon the national 
     security and public peace or safety;
       ``(C) the likelihood of the alien's resuming or following a 
     course of conduct which made or would make the alien 
     deportable;
       ``(D) the character of the efforts made by such alien 
     himself and by representatives of the country or countries to 
     which the alien's removal is directed to expedite the alien's 
     departure from the United States;
       ``(E) the reason for the inability of the Government of the 
     United States to secure passports, other travel documents, or 
     removal facilities from the country or countries to which the 
     alien has been ordered removed; and
       ``(F) the eligibility of the alien for discretionary relief 
     under the immigration laws.
       ``(b) Willful Failure to Comply with Terms of Release Under 
     Supervision.--An alien who shall willfully fail to comply 
     with regulations or requirements issued pursuant to section 
     241(a)(3) or knowingly give false information in response to 
     an inquiry under such section shall be fined not more than 
     $1,000 or imprisoned for not more than one year, or both.
       ``(c) Penalties Relating to Vessels and Aircraft.--
       ``(1) Civil penalties.--
       ``(A) Failure to carry out certain orders.--If the Attorney 
     General is satisfied that a person has violated subsection 
     (d) or (e) of section 241, the person shall pay to the 
     Commissioner the sum of $2,000 for each violation.
       ``(B) Failure to remove alien stowaways.--If the Attorney 
     General is satisfied that a person has failed to remove an 
     alien stowaway as required under section 241(d)(2), the 
     person shall pay to the Commissioner the sum of $5,000 for 
     each alien stowaway not removed.
       ``(C) No compromise.--The Attorney General may not 
     compromise the amount of such penalty under this paragraph.
       ``(2) Clearing vessels and aircraft.--
       ``(A) Clearance before decision on liability.--A vessel or 
     aircraft may be granted clearance before a decision on 
     liability is made under paragraph (1) only if a bond approved 
     by the Attorney General or an amount sufficient to pay the 
     civil penalty is deposited with the Commissioner.
       ``(B) Prohibition on clearance while penalty unpaid.--A 
     vessel or aircraft may not be granted clearance if a civil 
     penalty imposed under paragraph (1) is not paid.
       ``(d) Discontinuing Granting Visas to Nationals of Country 
     Denying or Delaying Accepting Alien.--On being notified by 
     the Attorney General that the government of a foreign country 
     denies or unreasonably delays accepting an alien who is a 
     citizen, subject, national, or resident of that country after 
     the Attorney General asks whether the government will accept 
     the alien under this section, the Secretary of State shall 
     order consular officers in that foreign country to 
     discontinue granting immigrant visas or nonimmigrant visas, 
     or both, to citizens, subjects, nationals, and residents of 
     that country until the Attorney General notifies the 
     Secretary that the country has accepted the alien.''.

     SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER 
                   PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.

       (a) Conforming Amendment to Table of Contents; Overview of 
     Reorganized Chapters.--The table of contents, as amended by 
     sections 123(b) and 851(d)(1), is amended--
       (1) by striking the item relating to section 106, and
       (2) by striking the item relating to chapter 4 of title II 
     and all that follows through the item relating to section 
     244A and inserting the following:


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

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


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

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

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

       (2) Redesignating section 232 as section 232(a).--Amend 
     section 232 (8 U.S.C. 1222)--

[[Page H10860]]

       (A) by inserting ``(a) Detention of Aliens.--'' after 
     ``Sec. 232.'', and
       (B) by amending the section heading to read as follows:


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

       (3) Redesignating section 234 as section 232(b).--Amend 
     section 234 (8 U.S.C. 1224)--
       (A) by striking the heading,
       (B) by striking ``Sec. 234.'' and inserting the following: 
     ``(b) Physical and Mental Examination.--'', and
       (C) by moving such provision to the end of section 232.
       (4) Redesignating section 238 as section 233.--Redesignate 
     section 238 (8 U.S.C. 1228) as section 233 and move the 
     section to immediately follow section 232.
       (5) Redesignating section 242a as section 238.--Redesignate 
     section 242A as section 238, strike ``deportation'' in its 
     heading and insert ``removal'', and move the section to 
     immediately follow section 237 (as redesignated by section 
     305(a)(2)).
       (6) Striking section 242b.--Strike section 242B (8 U.S.C. 
     1252b).
       (7) Striking section 244 and redesignating section 244a as 
     section 244.--Strike section 244 (8 U.S.C. 1254) and 
     redesignate section 244A as section 244.
       (8) Amending chapter heading.--Amend the heading for 
     chapter 5 of title II to read as follows:

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

       (c) Additional Conforming Amendments.--
       (1) Expedited procedures for aggravated felons (former 
     section 242a).--Section 238 (which, previous to redesignation 
     under section 308(b)(5), was section 242A) is amended--
       (A) in subsection (a)(1), by striking ``section 242'' and 
     inserting ``section 240'';
       (B) in subsection (a)(2), by striking ``section 242(a)(2)'' 
     and inserting ``section 236(c)''; and
       (C) in subsection (b)(1), by striking ``section 
     241(a)(2)(A)(iii)'' and inserting ``section 
     237(a)(2)(A)(iii)''.
       (2) Treatment of certain helpless aliens.--
       (A) Certification of helpless aliens.--Section 232 (8 
     U.S.C. 1222), as amended by section 308(b)(2), is further 
     amended by adding at the end the following new subsection:
       ``(c) Certification of Certain Helpless Aliens.--If an 
     examining medical officer determines that an alien arriving 
     in the United States is inadmissible, is helpless from 
     sickness, mental or physical disability, or infancy, and is 
     accompanied by another alien whose protection or guardianship 
     may be required, the officer may certify such fact for 
     purposes of applying section 212(a)(10)(B) with respect to 
     the other alien.''.
       (B) Ground of inadmissibility for protection and 
     guardianship of aliens denied admission for health or 
     infancy.--Subparagraph (B) of section 212(a)(10) (8 U.S.C. 
     1182(a)(10)), as redesignated by section 301(a)(1), is 
     amended to read as follows:
       ``(B) Guardian required to accompany helpless alien.--Any 
     alien--
       ``(i) who is accompanying another alien who is inadmissible 
     and who is certified to be helpless from sickness, mental or 
     physical disability, or infancy pursuant to section 232(c), 
     and
       ``(ii) whose protection or guardianship is determined to be 
     required by the alien described in clause (i),
     is inadmissible.''.
       (3) Contingent consideration in relation to removal of 
     aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
       (A) by inserting ``(1)'' after ``(a)'', and
       (B) by adding at the end the following new paragraph:
       ``(2) It is unlawful for an owner, agent, master, 
     commanding officer, person in charge, purser, or consignee of 
     a vessel or aircraft who is bringing an alien (except an 
     alien crewmember) to the United States to take any 
     consideration to be kept or returned contingent on whether an 
     alien is admitted to, or ordered removed from, the United 
     States.''.
       (4) Clarification.--(A) Section 238(a)(1), which, previous 
     to redesignation under section 308(b)(5), was section 
     242A(a)(1), is amended by adding at the end the following: 
     ``Nothing in this section shall be construed to create any 
     substantive or procedural right or benefit that is legally 
     enforceable by any party against the United States or its 
     agencies or officers or any other person.''.
       (B) Section 225 of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416), as 
     amended by section 851(b)(15), is amended by striking ``and 
     nothing in'' and all that follows up to ``shall''.
       (d) Additional Conforming Amendments Relating to Exclusion 
     and Inadmissibility.--
       (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
     amended--
       (A) in the heading, by striking ``excluded from'' and 
     inserting ``ineligible for'';
       (B) in the matter in subsection (a) before paragraph (1), 
     by striking all that follows ``(a)'' and inserting the 
     following: ``Classes of Aliens Ineligible for Visas or 
     Admission.--Except as otherwise provided in this Act, aliens 
     who are inadmissible under the following paragraphs are 
     ineligible to receive visas and ineligible to be admitted to 
     the United States:'';
       (C) in subsection (a), by striking ``is excludable'' and 
     inserting ``is inadmissible'' each place it appears;
       (D) in subsections (a)(5)(C) (before redesignation by 
     section 343(c)(1), (d)(1), (k), by striking ``exclusion'' and 
     inserting ``inadmissibility'';
       (E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by 
     striking ``excludable'' each place it appears and inserting 
     ``inadmissible'';
       (F) in subsection (b)(2), by striking ``or ineligible for 
     entry'';
       (G) in subsection (d)(7), by striking ``excluded from'' and 
     inserting ``denied''; and
       (H) in subsection (h)(1)(B), by striking ``exclusion'' and 
     inserting ``denial of admission''.
       (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
     redesignation as section 237 by section 305(a)(2), is 
     amended--
       (A) in subsection (a)(1)(H), by striking ``excludable'' and 
     inserting ``inadmissible'';
       (B) in subsection (a)(4)(C)(ii), by striking 
     ``excludability'' and inserting ``inadmissibility'';
       (C) in subsection (c), by striking ``exclusion'' and 
     inserting ``inadmissibility''; and
       (D) effective upon enactment of this Act, by striking 
     subsection (d), as added by section 414(a) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 
     104-132).
       (3) Other general references.--The following provisions are 
     amended by striking ``excludability'' and ``excludable'' each 
     place each appears and inserting ``inadmissibility'' and 
     ``inadmissible'', respectively:
       (A) Sections 101(f)(3), 213, 234 (before redesignation by 
     section 308(b)), 241(a)(1) (before redesignation by section 
     305(a)(2)), 272(a), 277, 286(h)(2)(A)(v), and 
     286(h)(2)(A)(vi).
       (B) Section 601(c) of the Immigration Act of 1990.
       (C) Section 128 of the Foreign Relations Authorization Act, 
     Fiscal Years 1992 and 1993 (Public Law 102-138).
       (D) Section 1073 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337).
       (E) Section 221 of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416).
       (4) Related terms.--
       (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by 
     striking ``or expulsion'' and inserting ``expulsion, or 
     removal''.
       (B) Section 102 (8 U.S.C. 1102) is amended by striking 
     ``exclusion or deportation'' and inserting ``removal''.
       (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
     striking ``been excluded or deported'' and inserting ``not 
     been admitted or have been removed''.
       (D) Section 206 (8 U.S.C. 1156) is amended by striking 
     ``excluded from admission to the United States and deported'' 
     and inserting ``denied admission to the United States and 
     removed''.
       (E) Section 216(f) (8 U.S.C. 1186a) is amended by striking 
     ``exclusion'' and inserting ``inadmissibility''.
       (F) Section 217 (8 U.S.C. 1187) is amended by striking 
     ``excluded from admission'' and inserting ``denied admission 
     at the time of arrival'' each place it appears.
       (G) Section 221(f) (8 U.S.C. 1201) is amended by striking 
     ``exclude'' and inserting ``deny admission to''.
       (H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated by 
     subsection (b)(2), is amended by striking ``excluded by'' and 
     ``the excluded classes'' and inserting ``inadmissible under'' 
     and ``inadmissible classes'', respectively.
       (I)(i) Section 272 (8 U.S.C. 1322) is amended--
       (I) by striking ``exclusion'' in the heading and inserting 
     ``denial of admission'',
       (II) in subsection (a), by striking ``excluding condition'' 
     and inserting ``condition causing inadmissibility'', and
       (III) in subsection (c), by striking ``excluding''.
       (ii) The item in the table of contents relating to such 
     section is amended by striking ``exclusion'' and inserting 
     ``denial of admission''.
       (J) Section 276(a) (8 U.S.C. 1326(a)) is amended--
       (i) in paragraph (1), as amended by section 324(a)--

       (I) by striking ``arrested and deported, has been excluded 
     and deported,'' and inserting ``denied admission, excluded, 
     deported, or removed'', and
       (II) by striking ``exclusion or deportation'' and inserting 
     ``exclusion, deportation, or removal''; and

       (ii) in paragraph (2)(B), by striking ``excluded and 
     deported'' and inserting ``denied admission and removed''.
       (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi)) 
     is amended by striking ``exclusion'' each place it appears 
     and inserting ``removal''.
       (L) Section 287 (8 U.S.C. 1357) is amended--
       (i) in subsection (a), by striking ``or expulsion'' each 
     place it appears and inserting ``expulsion, or removal'', and
       (ii) in subsection (c), by striking ``exclusion from'' and 
     inserting ``denial of admission to''.
       (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
     striking ``admitted to the United States, or excluded 
     therefrom'' each place it appears and inserting ``admitted or 
     denied admission to the United States''.
       (N) Section 291 (8 U.S.C. 1361) is amended by striking 
     ``subject to exclusion'' and inserting ``inadmissible'' each 
     place it appears.
       (O) Section 292 (8 U.S.C. 1362) is amended by striking 
     ``exclusion or deportation'' each place it appears and 
     inserting ``removal''.
       (P) Section 360 (8 U.S.C. 1503) is amended--
       (i) in subsection (a), by striking ``exclusion'' each place 
     it appears and inserting ``removal'', and
       (ii) in subsection (c), by striking ``excluded from'' and 
     inserting ``denied''.
       (Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) is 
     amended by striking ``exclusion because such alien is 
     excludable'' and inserting ``removal because such alien is 
     inadmissible''.
       (R) Section 301(a)(1) of the Immigration Act of 1990 is 
     amended by striking ``exclusion'' and inserting 
     ``inadmissibility''.
       (S) Section 401(c) of the Refugee Act of 1980 is amended by 
     striking ``deportation or exclusion'' and inserting 
     ``removal''.
       (T) Section 501(e)(2) of the Refugee Education Assistance 
     Act of 1980 (Public Law 96-422) is amended--

[[Page H10861]]

       (i) by striking ``exclusion or deportation'' each place it 
     appears and inserting ``removal'', and
       (ii) by striking ``deportation or exclusion'' each place it 
     appears and inserting ``removal''.
       (U) Section 4113(c) of title 18, United States Code, is 
     amended by striking ``exclusion and deportation'' and 
     inserting ``removal''.
       (5) Repeal of superseded provision.--Effective as of the 
     date of the enactment of the Antiterrorism and Effective 
     Death Penalty Act of 1996, section 422 of such Act is 
     repealed and the Immigration and Nationality Act shall be 
     applied as if such section had not been enacted.
       (e) Revision of Terminology Relating to Deportation.--
       (1) Each of the following is amended by striking 
     ``deportation'' each place it appears and inserting 
     ``removal'':
       (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
     (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)).
       (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
       (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
       (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as 
     redesignated by section 851(a)(3)(A).
       (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before 
     redesignation as section 237 by section 305(a)(2).
       (F) Section 242A (8 U.S.C. 1252a), before redesignation as 
     section 238 by subsection (b)(5).
       (G) Subsections (a)(3) and (b)(5)(B) of section 244A (8 
     U.S.C. 1254a), before redesignation as section 244 by 
     subsection (b)(7).
       (H) Section 246(a) (8 U.S.C. 1256(a)).
       (I) Section 254 (8 U.S.C. 1284).
       (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
       (K) Section 276(b) (8 U.S.C. 1326(b)).
       (L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)).
       (M) Section 287(g) (8 U.S.C. 1357(g)) (as added by section 
     122).
       (N) Section 291 (8 U.S.C. 1361).
       (O) Section 318 (8 U.S.C. 1429).
       (P) Section 130005(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322).
       (Q) Section 4113(b) of title 18, United States Code.
       (2) Each of the following is amended by striking 
     ``deported'' each place it appears and inserting ``removed'':
       (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
       (B) Section 214(d) (8 U.S.C. 1184(d)).
       (C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation 
     as section 237 by section 305(a)(2).
       (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
     1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) but 
     before redesignation as section 238 by subsection (b)(5).
       (E) Section 252(b) (8 U.S.C. 1282(b)).
       (F) Section 254 (8 U.S.C. 1284).
       (G) Subsections (b) and (c) of section 266 (8 U.S.C. 1306).
       (H) Section 301(a)(1) of the Immigration Act of 1990.
       (I) Section 4113 of title 18, United States Code.
       (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
     inserting ``or removed'' after ``deported'' each place it 
     appears.
       (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
     striking ``suspension of deportation'' and inserting 
     ``cancellation of removal''.
       (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is 
     amended by striking ``deportation is suspended'' and 
     inserting ``removal is canceled''.
       (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is 
     amended by striking ``deportation against'' and inserting 
     ``removal of''.
       (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), 
     and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each 
     amended by striking ``deportation'', ``deportation'', 
     ``deport'', and ``deported'' each place each appears and 
     inserting ``removal'', ``removal'', ``remove'', and 
     ``removed'', respectively.
       (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
     of section 216A (8 U.S.C. 1186b) are each amended by striking 
     ``deportation'', ``deportation'', ``deport'', and 
     ``deported'' and inserting ``removal'', ``removal'', 
     ``remove'', and ``removed'', respectively.
       (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
     striking ``deportation against'' and inserting ``removal 
     of''.
       (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
     section 238 by subsection (b)(6), is amended, in the headings 
     to various subdivisions, by striking ``Deportation'' and 
     ``deportation'' and inserting ``Removal'' and ``removal'', 
     respectively.
       (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), 
     before redesignation as section 244 by subsection (b)(8), is 
     amended--
       (A) in subsection (a)(1)(A), by striking ``deport'' and 
     inserting ``remove'', and
       (B) in subsection (e), by striking ``Suspension of 
     Deportation'' and inserting ``Cancellation of Removal''.
       (12) Section 254 (8 U.S.C. 1284) is amended by striking 
     ``deport'' each place it appears and inserting ``remove''.
       (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
       (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
     ``deported'' and inserting ``removed''.
       (B) The item in the table of contents relating to such 
     section is amended by striking ``deported'' and inserting 
     ``removed''.
       (15) Section 318 (8 U.S.C. 1429) is amended by striking 
     ``suspending'' and inserting ``canceling''.
       (16) Section 301(a) of the Immigration Act of 1990 is 
     amended by striking ``Deportation'' and inserting 
     ``Removal''.
       (17) The heading of section 130005 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (Public Law 103-322) 
     is amended by striking ``DEPORTATION'' and inserting 
     ``REMOVAL''.
       (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
     amended by striking ``deported'' and all that follows through 
     ``Deportation'' and inserting ``removed pursuant to chapter 4 
     of title II of the Immigration and Nationality Act''.
       (19) Section 8(c) of the Foreign Agents Registration Act 
     (22 U.S.C. 618(c)) is amended by striking ``deportation'' and 
     all that follows and inserting ``removal pursuant to chapter 
     4 of title II of the Immigration and Nationality Act.''.
       (f) Revision of References to Entry.--
       (1) The following provisions are amended by striking 
     ``entry'' and inserting ``admission'' each place it appears:
       (A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
       (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
       (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
       (D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)).
       (E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)).
       (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
       (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
       (H) Section 214(d) (8 U.S.C. 1184(d)).
       (I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)).
       (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
     1186a(d)(1)(A)(i)(III)).
       (K) Subsection (b) of section 240 (8 U.S.C. 1230), before 
     redesignation as section 240C by section 304(a)(2).
       (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251), 
     before redesignation as section 237 by section 305(a)(2).
       (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251), 
     before redesignation as section 237 by section 305(a)(2), 
     other than the last time it appears.
       (N) Paragraphs (2) and (4) of subsection (a) of section 241 
     (8 U.S.C. 1251), before redesignation as section 237 by 
     section 305(a)(2).
       (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
       (P) Section 247(a) (8 U.S.C. 1257(a)).
       (Q) Section 601(c)(2) of the Immigration Act of 1990.
       (2) The following provisions are amended by striking 
     ``enter'' and inserting ``be admitted'':
       (A) Section 204(e) (8 U.S.C. 1154(e)).
       (B) Section 221(h) (8 U.S.C. 1201(h)).
       (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
       (3) The following provisions are amended by striking 
     ``enters'' and inserting ``is admitted to'':
       (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
       (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
       (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
     redesignation as section 233 by section 308(b)(4), is amended 
     by striking ``entry and inspection'' and inserting 
     ``inspection and admission''.
       (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 
     1251), before redesignation as section 237 by section 
     305(a)(2), is amended by striking ``at entry''.
       (6) Section 7 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403h) is amended by striking ``that the 
     entry'', ``given entry into'', and ``entering'' and inserting 
     ``that the admission'', ``admitted to'', and ``admitted to''.
       (7) Section 4 of the Atomic Weapons and Special Nuclear 
     Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
     ``entry'' and inserting ``admission''.
       (g) Conforming References to Reorganized Sections.--
       (1) References to sections 232, 234, 238, 239, 240, 241, 
     242a, and 244a.--Any reference in law in effect on the day 
     before the date of the enactment of this Act to section 232, 
     234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
     Nationality Act (or a subdivision of such section) is deemed, 
     as of the title III-A effective date, to refer to section 
     232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
     (or the corresponding subdivision of such section), as 
     redesignated by this subtitle. Any reference in law to 
     section 241 (or a subdivision of such section) of the 
     Immigration and Nationality Act in an amendment made by a 
     subsequent subtitle of this title is deemed a reference (as 
     of the title III-A effective date) to section 237 (or the 
     corresponding subdivision of such section), as redesignated 
     by this subtitle.
       (2) References to section 106.--
       (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C. 
     1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section 
     851(b)(14) but before redesignation as section 238 by 
     subsection (b)(5), are each amended by striking ``106'' and 
     inserting ``242''.
       (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C. 
     1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting ``(as 
     in effect before October 1, 1996)'' after ``106''.
       (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
     1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) but 
     before redesignation as section 238 by subsection (b)(5), is 
     amended by striking ``106(a)(1)'' and inserting 
     ``242(b)(1)''.
       (3) References to section 236.--
       (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 1159(a)(1)) 
     are each amended by striking ``236'' and inserting ``240''.
       (B) Section 4113(c) of title 18, United States Code, is 
     amended by striking ``1226 of title 8, United States Code'' 
     and inserting ``240 of the Immigration and Nationality Act''.
       (4) References to section 237.--
       (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended by 
     striking ``237'' and inserting ``241''.
       (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended by 
     striking ``237(a)'' and inserting ``241(c)''.
       (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
     striking ``237, 239, 243'' and inserting ``234, 243(c)(2)''.
       (5) References to section 242.--
       (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C. 
     1184(d), 1282(b), 1357(f)(1)) are each amended by striking 
     ``242'' and inserting ``240''.

[[Page H10862]]

       (ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), as 
     amended by section 851(b)(13) but before redesignation as 
     section 238 by subsection (b)(5), are each amended by 
     striking ``242'' and inserting ``240''.
       (iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is 
     amended by inserting ``(as in effect before October 1, 
     1996)'' after ``242''.
       (iv) Section 4113 of title 18, United States Code, is 
     amended--
       (I) in subsection (a), by striking ``section 1252(b) or 
     section 1254(e) of title 8, United States Code,'' and 
     inserting ``section 240B of the Immigration and Nationality 
     Act''; and
       (II) in subsection (b), by striking ``section 1252 of title 
     8, United States Code,'' and inserting ``section 240 of the 
     Immigration and Nationality Act''.
       (B) Section 130002(a) of Public Law 103-322, as amended by 
     section 345, is amended by striking ``242(a)(3)(A)'' and 
     inserting ``236(d)''.
       (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before 
     redesignation as section 238 by section 308(b)(5), is amended 
     by striking ``242(b)'' and inserting ``240''.
       (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
     1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) but 
     before redesignation as section 238 by subsection (b)(5), is 
     amended by striking ``242(b)'' and inserting ``240''.
       (E) Section 1821(e) of title 28, United States Code, is 
     amended by striking ``242(b)'' and inserting ``240''.
       (F) Section 130007(a) of Public Law 103-322 is amended by 
     striking ``242(i)'' and inserting ``239(d)''.
       (G) Section 20301(c) of Public Law 103-322 is amended by 
     striking ``242(j)(5)'' and ``242(j)'' and inserting 
     ``241(h)(5)'' and ``241(h)'', respectively.
       (6) References to section 242b.--
       (A) Section 303(d)(2) of the Immigration Act of 1990 is 
     amended by striking ``242B'' and inserting ``240(b)(5)''.
       (B) Section 545(g)(1)(B) of the Immigration Act of 1990 is 
     amended by striking ``242B(a)(4)'' and inserting 
     ``239(a)(4)''.
       (7) References to section 243.--
       (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
     striking ``243'' and inserting ``241''.
       (B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is amended by 
     striking ``withholding of deportation under section 243(h)'' 
     and inserting ``by withholding of removal under section 
     241(b)(3)''.
       (C)(i) Section 315(c) of the Immigration Reform and Control 
     Act of 1986 is amended by striking ``243(g)'' and ``1253(g)'' 
     and inserting ``243(d)'' and ``1253(d)'' respectively.
       (ii) Section 702(b) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1988 is amended by striking ``243(g)'' 
     and inserting ``243(d)''.
       (iii) Section 903(b) of Public Law 100-204 is amended by 
     striking ``243(g)'' and inserting ``243(d)''.
       (D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 (7 
     U.S.C. 2015(f)(2)(F)) is amended by striking ``243(h)'' and 
     inserting ``241(b)(3)''.
       (ii) Section 214(a)(5) of the Housing and Community 
     Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by 
     striking ``243(h)'' and inserting ``241(b)(3)''.
       (E)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C. 
     1254a), before redesignated as section 244 by section 
     308(b)(7), is amended by striking ``243(h)(2)'' and inserting 
     ``208(b)(2)(A)''.
       (ii) Section 301(e)(2) of the Immigration Act of 1990 is 
     amended by striking ``243(h)(2)'' and inserting 
     ``208(b)(2)(A)''.
       (F) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
     striking ``subparagraphs (A) through (D) of paragraph 
     243(h)(2)'' and inserting ``clauses (i) through (v) of 
     section 208(b)(2)(A)''.
       (8) References to section 244.--
       (A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and 
     subsection (e) of section 244A (8 U.S.C. 1254a), before 
     redesignation as section 244 by section 308(b)(7), are each 
     amended by striking ``244(a)'' and inserting ``240A(a)''.
       (ii) Section 304(c)(1)(B) of the Miscellaneous and 
     Technical Immigration and Naturalization Amendments of 1991 
     (Public Law 102-232) is amended by striking ``244(a)'' and 
     inserting ``240A(a)''.
       (B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is amended by 
     striking ``suspension of deportation under subsection (a) or 
     (e) of section 244'' and inserting ``cancellation of removal 
     under section 240A''.
       (C) Section 304(c)(1)(B) of the Miscellaneous and Technical 
     Immigration and Naturalization Amendments of 1991 (Public Law 
     102-232) is amended by striking ``244(b)(2)'' and inserting 
     ``240A(b)(2)''.
       (D) Section 364(a)(2) of this Act is amended by striking 
     ``244(a)(3)'' and inserting ``240A(a)(3)''.
       (9) References to chapter 5.--
       (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b), 
     1306(c), 1361) are each amended by striking ``chapter 5'' and 
     inserting ``chapter 4''.
       (B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C. 
     855(b)) is amended by striking ``chapter 5, title II, of the 
     Immigration and Nationality Act (66 Stat. 163)'' and 
     inserting ``chapter 4 of title II of the Immigration and 
     Nationality Act''.
       (10) Miscellaneous cross-reference corrections for newly 
     added provisions.--
       (A) Section 212(h), as amended by section 301(h), is 
     amended by striking ``section 212(c)'' and inserting 
     ``paragraphs (1) and (2) of section 240A(a)''.
       (B) Section 245(c)(6), as amended by section 332(d), is 
     amended by striking ``241(a)(4)(B)'' and inserting 
     ``237(a)(4)(B)''.
       (C) Section 249(d), as amended by section 332(e), is 
     amended by striking ``241(a)(4)(B)'' and inserting 
     ``237(a)(4)(B)''.
       (D) Section 274C(d)(7), as added by section 212(d), is 
     amended by striking ``withholding of deportation under 
     section 243(h)'' and inserting ``withholding of removal under 
     section 241(b)(3)''.
       (E) Section 3563(b)(21) of title 18, United States Code, as 
     inserted by section 374(b), is amended by striking 
     ``242A(d)(5)'' and inserting ``238(d)(5)''.
       (F) Section 130007(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322), as amended by 
     section 671(a)(6), is amended by striking ``242A(a)(3)'' and 
     inserting ``238(a)(3)''.
       (G) Section 386(b) of this Act is amended by striking 
     ``excludable'' and ``excludable'' and inserting 
     ``inadmissible'' and ``inadmissible'', respectively, each 
     place each appears.
       (H) Subsections (a), (c), (d), (g), and (h) of section 440 
     of the Antiterrorism and Effective Death Penalty Act of 1996 
     (Public Law 104-132), as amended by section 306(d), are 
     amended by striking ``241(a)(2)(A)(ii)'' and 
     ``241(a)(2)(A)(i)'' and inserting ``237(a)(2)(A)(ii)'' and 
     ``237(a)(2)(A)(i)'', respectively .

     SEC. 309. EFFECTIVE DATES; TRANSITION.

       (a) In General.--Except as provided in this section and 
     sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5), this 
     subtitle and the amendments made by this subtitle shall take 
     effect on the first day of the first month beginning more 
     than 180 days after the date of the enactment of this Act (in 
     this title referred to as the ``title III-A effective 
     date'').
       (b) Promulgation of Regulations.--The Attorney General 
     shall first promulgate regulations to carry out this subtitle 
     by not later than 30 days before the title III-A effective 
     date.
       (c) Transition for Aliens in Proceedings.--
       (1) General rule that new rules do not apply.--Subject to 
     the succeeding provisions of this subsection, in the case of 
     an alien who is in exclusion or deportation proceedings as of 
     the title III-A effective date--
       (A) the amendments made by this subtitle shall not apply, 
     and
       (B) the proceedings (including judicial review thereof) 
     shall continue to be conducted without regard to such 
     amendments.
       (2) Attorney general option to elect to apply new 
     procedures.--In a case described in paragraph (1) in which an 
     evidentiary hearing under section 236 or 242 and 242B of the 
     Immigration and Nationality Act has not commenced as of the 
     title III-A effective date, the Attorney General may elect to 
     proceed under chapter 4 of title II of such Act (as amended 
     by this subtitle). The Attorney General shall provide notice 
     of such election to the alien involved not later than 30 days 
     before the date any evidentiary hearing is commenced. If the 
     Attorney General makes such election, the notice of hearing 
     provided to the alien under section 235 or 242(a) of such Act 
     shall be valid as if provided under section 239 of such Act 
     (as amended by this subtitle) to confer jurisdiction on the 
     immigration judge.
       (3) Attorney general option to terminate and reinitiate 
     proceedings.--In the case described in paragraph (1), the 
     Attorney General may elect to terminate proceedings in which 
     there has not been a final administrative decision and to 
     reinitiate proceedings under chapter 4 of title II the 
     Immigration and Nationality Act (as amended by this 
     subtitle). Any determination in the terminated proceeding 
     shall not be binding in the reinitiated proceeding.
       (4) Transitional changes in judicial review.--In the case 
     described in paragraph (1) in which a final order of 
     exclusion or deportation is entered more than 30 days after 
     the date of the enactment of this Act, notwithstanding any 
     provision of section 106 of the Immigration and Nationality 
     Act (as in effect as of the date of the enactment of this 
     Act) to the contrary--
       (A) in the case of judicial review of a final order of 
     exclusion, subsection (b) of such section shall not apply and 
     the action for judicial review shall be governed by the 
     provisions of subsections (a) and (c) of such in the same 
     manner as they apply to judicial review of orders of 
     deportation;
       (B) a court may not order the taking of additional evidence 
     under section 2347(c) of title 28, United States Code;
       (C) the petition for judicial review must be filed not 
     later than 30 days after the date of the final order of 
     exclusion or deportation;
       (D) the petition for review shall be filed with the court 
     of appeals for the judicial circuit in which the 
     administrative proceedings before the special inquiry officer 
     or immigration judge were completed;
       (E) there shall be no appeal of any discretionary decision 
     under section 212(c), 212(h), 212(i), 244, or 245 of the 
     Immigration and Nationality Act (as in effect as of the date 
     of the enactment of this Act);
       (F) service of the petition for review shall not stay the 
     deportation of an alien pending the court's decision on the 
     petition, unless the court orders otherwise; and
       (G) there shall be no appeal permitted in the case of an 
     alien who is inadmissible or deportable by reason of having 
     committed a criminal offense covered in section 212(a)(2) or 
     section 241(a)(2)(A)(iii), (B), (C), or (D) of the 
     Immigration and Nationality Act (as in effect as of the date 
     of the enactment of this Act), or any offense covered by 
     section 241(a)(2)(A)(ii) of such Act (as in effect on such 
     date) for which both predicate offenses are, without regard 
     to their date of commission, otherwise covered by section 
     241(a)(2)(A)(i) of such Act (as so in effect).
       (5) Transitional rule with regard to suspension of 
     deportation.--Paragraphs (1) and (2) of section 240A(d) of 
     the Immigration and Nationality Act (relating to continuous 
     residence or physical presence) shall apply to notices to 
     appear issued before, on, or after the date of the enactment 
     of this Act.
       (6) Transition for certain family unity aliens.--The 
     Attorney General may waive the application of section 
     212(a)(9) of the Immigration and Nationality Act, as inserted 
     by section

[[Page H10863]]

     301(b)(1), in the case of an alien who is provided benefits 
     under the provisions of section 301 of the Immigration Act of 
     1990 (relating to family unity).
       (7) Limitation on suspension of deportation.--The Attorney 
     General may not suspend the deportation and adjust the status 
     under section 244 of the Immigration and Nationality Act of 
     more than 4,000 aliens in any fiscal year (beginning after 
     the date of the enactment of this Act). The previous sentence 
     shall apply regardless of when an alien applied for such 
     suspension and adjustment.
       (d) Transitional References.--For purposes of carrying out 
     the Immigration and Nationality Act, as amended by this 
     subtitle--
       (1) any reference in section 212(a)(1)(A) of such Act to 
     the term ``inadmissible'' is deemed to include a reference to 
     the term ``excludable'', and
       (2) any reference in law to an order of removal shall be 
     deemed to include a reference to an order of exclusion and 
     deportation or an order of deportation.
       (e) Transition.--No period of time before the date of the 
     enactment of this Act shall be included in the period of 1 
     year described in section 212(a)(6)(B)(i) of the Immigration 
     and Nationality Act (as amended by section 301(c)).
                 Subtitle B--Criminal Alien Provisions

     SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.

       (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), 
     as amended by section 441(e) of the Antiterrorism and 
     Effective Death Penalty Act of 1996 (P.L. 104-132), is 
     amended--
       (1) in subparagraph (A), by inserting ``, rape, or sexual 
     abuse of a minor'' after ``murder'';
       (2) in subparagraph (D), by striking ``$100,000'' and 
     inserting ``$10,000'';
       (3) in subparagraphs (F), (G), (N), and (P), by striking 
     ``is at least 5 years'' each place it appears and inserting 
     ``at least one year'';
       (4) in subparagraph (J), by striking ``sentence of 5 years' 
     imprisonment'' and inserting ``sentence of one year 
     imprisonment'';
       (5) in subparagraph (K)(ii), by inserting ``if committed'' 
     before ``for commercial advantage'';
       (6) 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);'';
       (7) in subparagraph (M), by striking ``$200,000'' each 
     place it appears and inserting ``$10,000'';
       (8) in subparagraph (N), by striking ``for which the term'' 
     and all that follows and inserting the following: ``, except 
     in the case of a first offense for which 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) in subparagraph (P), by striking ``18 months'' and 
     inserting ``12 months, except in the case of a first offense 
     for which 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'';
       (10) in subparagraph (R), by striking ``for which a 
     sentence of 5 years' imprisonment or more may be imposed'' 
     and inserting ``for which the term of imprisonment is at 
     least one year''; and
       (11) in subparagraph (S), by striking ``for which a 
     sentence of 5 years' imprisonment or more may be imposed'' 
     and inserting ``for which the term of imprisonment is at 
     least one year''.
       (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 (including any effective date), the term applies 
     regardless of whether the conviction was entered before, on, 
     or after the date of enactment of this paragraph.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to actions taken on or after the date of the 
     enactment of this Act, regardless of when the conviction 
     occurred, and shall apply under section 276(b) of the 
     Immigration and Nationality Act only to violations of section 
     276(a) of such Act occurring on or after such date.

     SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.

       (a) Definition.--
       (1) In general.--Section 101(a) (8 U.S.C. 1101(a)) is 
     amended by adding at the end the following new paragraph:
       ``(48)(A) The term `conviction' means, with respect to an 
     alien, a formal judgment of guilt of the alien entered by a 
     court or, if adjudication of guilt has been withheld, where--
       ``(i) a judge or jury has found the alien guilty or the 
     alien has entered a plea of guilty or nolo contendere or has 
     admitted sufficient facts to warrant a finding of guilt, and
       ``(ii) the judge has ordered some form of punishment, 
     penalty, or restraint on the alien's liberty to be imposed.
       ``(B) Any reference to a term of imprisonment or a sentence 
     with respect to an offense is deemed to include the period of 
     incarceration or confinement ordered by a court of law 
     regardless of any suspension of the imposition or execution 
     of that imprisonment or sentence in whole or in part.''.
       (2) Conforming amendments.--
       (A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by 
     striking ``imposed (regardless of any suspension of 
     imprisonment)'' each place it appears in subparagraphs (F), 
     (G), (N), and (P).
       (B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is 
     amended by striking ``actually imposed''.
       (b) Reference to Proof Provisions.--For provisions relating 
     to proof of convictions, see subparagraphs (B) and (C) of 
     section 240(c)(3) of the Immigration and Nationality Act, as 
     inserted by section 304(a)(3).
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to convictions and sentences entered before, on, 
     or after the date of the enactment of this Act. Subparagraphs 
     (B) and (C) of section 240(c)(3) of the Immigration and 
     Nationality Act, as inserted by section 304(a)(3), shall 
     apply to proving such convictions.

     SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL 
                   PROBATION OR CRIMINAL PAROLE.

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

     SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

       (a) In General.--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''.
       (b) Treatment of Stipulations.--The last sentence of 
     section 276(b) (8 U.S.C. 1326(b)) is amended by inserting 
     ``(or not during)'' after ``during''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to departures that occurred before, on, or after 
     the date of the enactment of this Act, but only with respect 
     to entries (and attempted entries) occurring on or after such 
     date.

     SEC. 325. CHANGE IN 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,''; and
       (3) in the text following the third undesignated paragraph 
     of subsection (a), by striking ``two'' and inserting ``10''.

     SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

       Subsection (a) of section 130002 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (Public Law 103-322), 
     as amended by section 432 of Public Law 104-132, is amended 
     to read as follows:
       ``(a) Operation and Purpose.--The Commissioner of 
     Immigration and Naturalization shall, under the authority of 
     section 242(a)(3)(A) of the Immigration and Nationality Act 
     operate a criminal alien identification system. The criminal 
     alien identification system shall be used to assist Federal, 
     State, and local law enforcement agencies in identifying and 
     locating aliens who may be subject to removal by reason of 
     their conviction of aggravated felonies, subject to 
     prosecution under section 275 of such Act, not lawfully 
     present in the United States, or otherwise removable. Such 
     system shall include providing for recording of fingerprint 
     records of aliens who have been previously arrested and 
     removed into appropriate automated fingerprint identification 
     systems.''.

     SEC. 327. 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 period at the end and inserting the following:
       ``(2) $5,000,000 for each of fiscal years 1997 through 
     2001.''.

     SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN 
                   ASSISTANCE PROGRAM.

       (a) Modification of Authority.--
       (1) In general.--Section 241(i), as redesignated by section 
     306(a)(1), is amended--
       (A) in paragraph (3)(A), by striking ``felony and sentenced 
     to a term of imprisonment'' and inserting ``felony or two or 
     more misdemeanors'', and
       (B) by adding at the end the following new paragraph:
       ``(6) To the extent of available appropriations, funds 
     otherwise made available under this section with respect to a 
     State (or political subdivision, including a municipality) 
     for incarceration of an undocumented criminal alien may, at 
     the discretion of the recipient of the funds, be used for the 
     costs of imprisonment of such alien in a State, local, or 
     municipal prison or jail.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply beginning with fiscal year 1997.
       (b) Sense of the Congress With Respect to Program.--
       (1) Findings.--The Congress finds as follows:
       (A) Of the $130,000,000 appropriated in fiscal year 1995 
     for the State Criminal Alien Assistance Program, the 
     Department of Justice disbursed

[[Page H10864]]

     the first $43,000,000 to States on October 6, 1994, 32 days 
     before the 1994 general election, and then failed to disburse 
     the remaining $87,000,000 until January 31, 1996, 123 days 
     after the end of fiscal year 1995.
       (B) While H.R. 2880, the continuing appropriation measure 
     funding certain operations of the Federal Government from 
     January 26, 1996 to March 15, 1996, included $66,000,000 to 
     reimburse States for the cost of incarcerating documented 
     illegal immigrant felons, the Department of Justice failed to 
     disburse any of the funds to the States during the period of 
     the continuing appropriation.
       (2) Sense of the congress.--It is the sense of the Congress 
     that--
       (A) the Department of Justice was disturbingly slow in 
     disbursing fiscal year 1995 funds under the State Criminal 
     Alien Assistance Program to States after the initial grants 
     were released just prior to the 1994 election; and
       (B) the Attorney General should make it a high priority to 
     expedite the disbursement of Federal funds intended to 
     reimburse States for the cost of incarcerating illegal 
     immigrants, aiming for all State Criminal Alien Assistance 
     Program funds to be disbursed during the fiscal year for 
     which they are appropriated.

     SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL 
                   ALIENS IN INCARCERATION FACILITY OF ANAHEIM, 
                   CALIFORNIA.

       (a) Authority.--The Attorney General shall conduct a 
     project demonstrating the feasibility of identifying, from 
     among the individuals who are incarcerated in local 
     governmental prison facilities prior to arraignment on 
     criminal charges, those individuals who are aliens unlawfully 
     present in the United States.
       (b) Description of Project.--The project authorized by 
     subsection (a) shall include--
       (1) the detail to incarceration facilities within the city 
     of Anaheim, California and the county of Ventura, California, 
     of an employee of the Immigration and Naturalization Service 
     who has expertise in the identification of aliens unlawfully 
     in the United States, and
       (2) provision of funds sufficient to provide for--
       (A) access for such employee to records of the Service 
     necessary to identify such aliens, and
       (B) in the case of an individual identified as such an 
     alien, pre-arraignment reporting to the court regarding the 
     Service's intention to remove the alien from the United 
     States.
       (c) Termination.--The authority under this section shall 
     cease to be effective 6 months after the date of the 
     enactment of this Act.

     SEC. 330. 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 or removal 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) Preventing of drug smuggling and other cross-border 
     criminal activity.
       (B) Preventing illegal immigration.
       (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 the appropriate duty or tariff for which has not 
     been paid).
       (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. 331. 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 Committees on the 
     Judiciary of the House of Representatives and of the Senate 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. 332. 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 of 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 removal; and

[[Page H10865]]

       (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. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN 
                   TO COMMIT AN OFFENSE UNDER THE CONTROLLED 
                   SUBSTANCES IMPORT AND EXPORT ACT.

       (a) Review of Guidelines.--Not later than 6 months after 
     the date of the 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) Revision of Guidelines.--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. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL 
                   REENTRY, AND PASSPORT AND VISA FRAUD.

       (a) Failing to Depart.--The United States Sentencing 
     Commission shall promptly promulgate, pursuant to section 994 
     of title 28, United States Code, amendments to the sentencing 
     guidelines to make appropriate increases in the base offense 
     level for offenses under section 242(e) and 276(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(e) and 
     1326(b)) to reflect the amendments made by section 130001 of 
     the Violent Crime Control and Law Enforcement Act of 1994.
       (b) Passport and Visa Offenses.--The United States 
     Sentencing Commission shall promptly promulgate, pursuant to 
     section 994 of title 28, United States Code, amendments to 
     the sentencing guidelines to make appropriate increases in 
     the base offense level for offenses under chapter 75 of title 
     18, United States Code to reflect the amendments made by 
     section 130009 of the Violent Crime Control and Law 
     Enforcement Act of 1994.
     Subtitle C--Revision of Grounds for Exclusion and Deportation

     SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.

       (a) In General.--Section 212(a)(1)(A) (8 U.S.C. 
     1182(a)(1)(A)) is amended--
       (1) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively, and
       (2) by inserting after clause (i) the following new clause:
       ``(ii) who seeks admission as an immigrant, or who seeks 
     adjustment of status to the status of an alien lawfully 
     admitted for permanent residence, and who has failed to 
     present documentation of having received vaccination against 
     vaccine-preventable diseases, which shall include at least 
     the following diseases: mumps, measles, rubella, polio, 
     tetanus and diphtheria toxoids, pertussis, influenza type B 
     and hepatitis B, and any other vaccinations against vaccine-
     preventable diseases recommended by the Advisory Committee 
     for Immunization Practices,''.
       (b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended 
     by striking ``, or'' at the end of paragraph (1) and all that 
     follows and inserting a semicolon and the following:

     ``in accordance with such terms, conditions, and controls, if 
     any, including the giving of bond, as the Attorney General, 
     in the discretion of the Attorney General after consultation 
     with the Secretary of Health and Human Services, may by 
     regulation prescribe;
       ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
       ``(A) who receives vaccination against the vaccine-
     preventable disease or diseases for which the alien has 
     failed to present documentation of previous vaccination,
       ``(B) for whom a civil surgeon, medical officer, or panel 
     physician (as those terms are defined by section 34.2 of 
     title 42 of the Code of Federal Regulations) certifies, 
     according to such regulations as the Secretary of Health and 
     Human Services may prescribe, that such vaccination would not 
     be medically appropriate, or
       ``(C) under such circumstances as the Attorney General 
     provides by regulation, with respect to whom the requirement 
     of such a vaccination would be contrary to the alien's 
     religious beliefs or moral convictions; or
       ``(3) subsection (a)(1)(A)(iii) in the case of any alien, 
     in accordance with such terms, conditions, and controls, if 
     any, including the giving of bond, as the Attorney General, 
     in the discretion of the Attorney General after consultation 
     with the Secretary of Health and Human Services, may by 
     regulation prescribe.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to applications for immigrant visas 
     or for adjustment of status filed after September 30, 1996.

     SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF 
                   FALSE DOCUMENTATION TO TERRORISTS AS A BASIS 
                   FOR EXCLUSION FROM THE UNITED STATES.

       (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 
     1182(a)(3)(B)) is amended--
       (1) by redesignating subclauses (III) and (IV) of clause 
     (i) as subclauses (IV) and (V), respectively;
       (2) by inserting after subclause (II) of clause (i) the 
     following new subclause:

       ``(III) has, under circumstances indicating an intention to 
     cause death or serious bodily harm, incited terrorist 
     activity,''; and

       (3) in clause (iii)(III), by inserting ``documentation or'' 
     before ``identification'';
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to incitement regardless of when it occurs.

     SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE 
                   WORKERS.

       Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D), 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Uncertified foreign health-care workers.--Any alien 
     who seeks to enter the United States for the purpose of 
     performing labor as a health-care worker, other than a 
     physician, is 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 or certification 
     examination, the alien has passed such a test or has passed 
     such an examination.

     For purposes of clause (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.''.

     SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES 
                   CITIZENSHIP.

       (a) Exclusion of Aliens Who Have Falsely Claimed United 
     States Citizenship.--Section 212(a)(6)(C) (8 U.S.C. 
     1182(a)(6)(C)) is amended--
       (1) by redesignating clause (ii) as clause (iii), and
       (2) by inserting after clause (i) the following new clause:
       ``(ii) Falsely claiming citizenship.--Any alien who falsely 
     represents, or has falsely represented, himself or herself to 
     be a citizen of the United States for any purpose or benefit 
     under this Act (including section 274A) or any other Federal 
     or State law is excludable.''.
       (b) Deportation of Aliens Who Have Falsely Claimed United 
     States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3)) 
     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 for any purpose or benefit under 
     this Act (including section 274A) or any Federal or State law 
     is deportable.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to representations made on or after the date of 
     the enactment of this Act.

     SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR 
                   CERTAIN SECTION 274C VIOLATORS.

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

     if no previous civil money penalty was imposed against the 
     alien under section 274C and the offense was committed solely 
     to assist, aid, or support the alien's spouse or child (and 
     not another individual). No court shall have jurisdiction to 
     review a decision of the Attorney General to grant or deny a 
     waiver under this paragraph.''.
       (b) Ground of Deportation.--Subparagraph (C) of section 
     241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by 
     section 305(a)(2), is amended to read as follows:
       ``(C) Document fraud.--
       ``(i) In general.--An alien who is the subject of a final 
     order for violation of section 274C is deportable.
       ``(ii) Waiver authorized.--The Attorney General may waive 
     clause (i) in the case of an

[[Page H10866]]

     alien lawfully admitted for permanent residence if no 
     previous civil money penalty was imposed against the alien 
     under section 274C and the offense was incurred solely to 
     assist, aid, or support the alien's spouse or child (and no 
     other individual). No court shall have jurisdiction to review 
     a decision of the Attorney General to grant or deny a waiver 
     under this clause.''.

     SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.

       (a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is 
     amended by adding at the end the following new subparagraph:
       ``(G) Student visa abusers.--An alien who obtains the 
     status of a nonimmigrant under section 101(a)(15)(F)(i) and 
     who violates a term or condition of such status under section 
     214(l) is excludable until the alien has been outside the 
     United States for a continuous period of 5 years after the 
     date of the violation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to aliens who obtain the status of a nonimmigrant 
     under section 101(a)(15)(F) of the Immigration and 
     Nationality Act after the end of the 60-day period beginning 
     on the date of the enactment of this Act, including aliens 
     whose status as such a nonimmigrant is extended after the end 
     of such period.

     SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.

       (a) Exclusion of Aliens Who Have Unlawfully Voted.--Section 
     212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 
     301(b), is amended by adding at the end the following new 
     subparagraph:
       ``(D) Unlawful voters.--Any alien who has voted in 
     violation of any Federal, State, or local constitutional 
     provision, statute, ordinance, or regulation is 
     excludable.''.
       (b) Deportation of Aliens Who Have Unlawfully Voted.--
     Section 241(a) (8 U.S.C. 1251(a)), before redesignation by 
     section 305(a)(2), 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.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to voting occurring before, on, or after the date 
     of the enactment of this Act.

     SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.

       (a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is 
     amended by adding at the end the following: ``No waiver shall 
     be granted under this subsection in the case of an alien who 
     has previously been admitted to the United States as an alien 
     lawfully admitted for permanent residence if either since the 
     date of such admission the alien has been convicted of an 
     aggravated felony or the alien has not lawfully resided 
     continuously in the United States for a period of not less 
     than 7 years immediately preceding the date of initiation of 
     proceedings to remove the alien from the United States. No 
     court shall have jurisdiction to review a decision of the 
     Attorney General to grant or deny a waiver under this 
     subsection.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective on the date of the enactment of this Act 
     and shall apply in the case of any alien who is in exclusion 
     or deportation proceedings as of such date unless a final 
     administrative order in such proceedings has been entered as 
     of such date.

     SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF 
                   INADMISSIBILITY FOR CERTAIN ALIEN.

       Subsection (i) of section 212 (8 U.S.C. 1182) is amended to 
     read as follows:
       ``(i)(1) The Attorney General may, in the discretion of the 
     Attorney General, waive the application of clause (i) of 
     subsection (a)(6)(C) in the case of an immigrant who is the 
     spouse, son, or daughter of a United States citizen or of an 
     alien lawfully admitted for permanent residence if it is 
     established to the satisfaction of the Attorney General that 
     the refusal of admission to the United States of such 
     immigrant alien would result in extreme hardship to the 
     citizen or lawfully resident spouse or parent of such an 
     alien.
       ``(2) No court shall have jurisdiction to review a decision 
     or action of the Attorney General regarding a waiver under 
     paragraph (1).''.

     SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS 
                   GROUND FOR DEPORTATION.

       (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 
     amended by adding at the end the following:
       ``(E) Crimes of domestic violence, stalking, or violation 
     of protection order, crimes against children and .--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time after entry is convicted of a crime of 
     domestic violence, a crime of stalking, or a crime of child 
     abuse, child neglect, or child abandonment is deportable. For 
     purposes of this clause, the term `crime of domestic 
     violence' means any crime of violence (as defined in section 
     16 of title 18, United States Code) against a person 
     committed by a current or former spouse of the person, by an 
     individual with whom the person shares a child in common, by 
     an individual who is cohabiting with or has cohabited with 
     the person as a spouse, by an individual similarly situated 
     to a spouse of the person under the domestic or family 
     violence laws of the jurisdiction where the offense occurs, 
     or by any other individual against a person who is protected 
     from that individual's acts under the domestic or family 
     violence laws of the United States or any State, Indian 
     tribal government, or unit of local government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time after entry is enjoined under a protection order 
     issued by a court and whom the court determines has engaged 
     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. For purposes of this clause, 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.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to convictions, or violations of court orders, 
     occurring after the date of the enactment of this Act.

     SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP 
                   REQUIRED FOR WAIVER FROM EXCLUSION OR 
                   DEPORTATION FOR SMUGGLING.

       (a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11)) 
     is amended by inserting ``an individual who at the time of 
     such action was'' after ``aided only''.
       (b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C. 
     1251(a)(1)(E)(iii)) is amended by inserting ``an individual 
     who at the time of the offense was'' after ``aided only''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to applications for waivers filed before, on, or 
     after the date of the enactment of this Act, but shall not 
     apply to such an application for which a final determination 
     has been made as of the date of the enactment of this Act.

     SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED 
                   CITIZENSHIP TO AVOID UNITED STATES TAXATION.

       (a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)), 
     as redesignated by section 301(b) and as amended by section 
     347(a), is amended by adding at the end the following:
       ``(E) Former citizens who renounced citizenship to avoid 
     taxation.--Any alien who is a former citizen of the United 
     States who officially renounces United States citizenship and 
     who is determined by the Attorney General to have renounced 
     United States citizenship for the purpose of avoiding 
     taxation by the United States is excludable.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to individuals who renounce United States 
     citizenship on and after the date of the enactment of this 
     Act.

     SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN ACT.

       (a) Deportation for High Speed Flight.--For provision 
     making high speed flight from an immigration checkpoint 
     subject to deportation, see section 108(c).
       (b) Inadmissibility of Aliens Previously Removed and 
     Unlawfully Present.--For provision making aliens previously 
     removed and unlawfully present in the United States 
     inadmissible, see section 301(b).
       (c) Inadmissibility of Illegal Entrants.--For provision 
     revising the ground of inadmissibility for illegal entrants 
     and immigration violators, see section 301(c).
       (d) Deportation for Visa Violators.--For provision revising 
     the ground of deportation for illegal entrants, see section 
     301(d).
       (e) Labor Certifications for Professional Athletes.--For 
     provision providing for continued validity of labor 
     certifications and classification petitions for professional 
     athletes, see section 624.
      Subtitle D--Changes in Removal of Alien Terrorist Provisions

     SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.

       (a) Limitation on Provision of Summaries; Use of Special 
     Attorneys in Challenges to Classified Information.--
       (1) No provision of summary in certain cases.--Section 
     504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended--
       (A) in clause (ii), by inserting before the period at the 
     end the following: ``unless the judge makes the findings 
     under clause (iii)'', and
       (B) by adding at the end the following new clause:
       ``(iii) Findings.--The findings described in this clause 
     are, with respect to an alien, that--

       ``(I) the continued presence of the alien in the United 
     States would likely cause serious and irreparable harm to the 
     national security or death or serious bodily injury to any 
     person, and
       ``(II) the provision of the summary would likely cause 
     serious and irreparable harm to the national security or 
     death or serious bodily injury to any person.''.

       (2) Special challenge procedures.--Section 504(e)(3) (8 
     U.S.C. 1534(e)(3)) is amended by adding at the end the 
     following new subparagraphs:
       ``(E) Continuation of hearing without summary.--If a judge 
     makes the findings described in subparagraph (D)(iii)--
       ``(i) if the alien involved is an alien lawfully admitted 
     for permanent residence, the procedures described in 
     subparagraph (F) shall apply; and
       ``(ii) in all cases the special removal hearing shall 
     continue, the Department of Justice shall cause to be 
     delivered to the alien a statement that no summary is 
     possible, and the classified information submitted in camera 
     and ex parte may be used pursuant to this paragraph.
       ``(F) Special procedures for access and challenges to 
     classified information by special attorneys in case of lawful 
     permanent aliens.--
       ``(i) In general.--The procedures described in this 
     subparagraph are that the judge (under rules of the removal 
     court) shall designate a special attorney to assist the 
     alien--

       ``(I) by reviewing in camera the classified information on 
     behalf of the alien, and

[[Page H10867]]

       ``(II) by challenging through an in camera proceeding the 
     veracity of the evidence contained in the classified 
     information.

       ``(ii) Restrictions on disclosure.--A special attorney 
     receiving classified information under clause (i)--

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

       (3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is 
     amended--
       (A) in paragraph (1), by striking ``The decision'' and 
     inserting ``Subject to paragraph (2), the decision'';
       (B) in paragraph (3)(D), by inserting before the period at 
     the end the following: ``, except that in the case of a 
     review under paragraph (2) in which an alien lawfully 
     admitted for permanent residence was denied a written summary 
     of classified information under section 504(c)(3), the Court 
     of Appeals shall review questions of fact de novo'';
       (C) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Automatic appeals in cases of permanent resident 
     aliens in which no summary provided.--
       ``(A) In general.--Unless the alien waives the right to a 
     review under this paragraph, in any case involving an alien 
     lawfully admitted for permanent residence who is denied a 
     written summary of classified information under section 
     504(e)(3) and with respect to which the procedures described 
     in section 504(e)(3)(F) apply, any order issued by the judge 
     shall be reviewed by the Court of Appeals for the District of 
     Columbia Circuit.
       ``(B) Use of special attorney.--With respect to any issue 
     relating to classified information that arises in such 
     review, the alien shall be represented only by the special 
     attorney designated under section 504(e)(3)(F)(i) on behalf 
     of the alien.''.
       (4) Establishment of panel of special attorneys.--Section 
     502 (8 U.S.C. 1532) is amended by adding at the end the 
     following new subsection:
       ``(e) Establishment of Panel of Special Attorneys.--The 
     removal court shall provide for the designation of a panel of 
     attorneys each of whom--
       ``(1) has a security clearance which affords the attorney 
     access to classified information, and
       ``(2) has agreed to represent permanent resident aliens 
     with respect to classified information under section 
     504(e)(3) in accordance with (and subject to the penalties 
     under) this title.''.
       (5) Definition of special attorney.--Section 501 (8 U.S.C. 
     1531) is amended--
       (A) by striking ``and'' at the end of paragraph (5),
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and'', and
       (C) by adding at the end the following new paragraph:
       ``(7) the term `special attorney' means an attorney who is 
     on the panel established under section 502(e).''.
       (b) Other Provisions Relating to Classified Information.--
       (1) Introduction of classified information.--Section 504(e) 
     (8 U.S.C. 1534(e)) is amended--
       (A) in paragraph (1)--
       (i) by inserting after ``(A)'' the following: ``the 
     Government is authorized to use in a removal proceedings the 
     fruits of electronic surveillance and unconsented physical 
     searches authorized under the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without 
     regard to subsections (c), (e), (f), (g), and (h) of section 
     106 of that Act and'', and
       (ii) by striking ``the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801 et seq.)'' and inserting ``such 
     Act''; and
       (B) by striking the period at the end of paragraph (3)(A) 
     and inserting the following: ``and neither the alien nor the 
     public shall be informed of such evidence or its sources 
     other than through reference to the summary provided pursuant 
     to this paragraph. Notwithstanding the previous sentence, the 
     Department of Justice may, in its discretion and, in the case 
     of classified information, after coordination with the 
     originating agency, elect to introduce such evidence in open 
     session.''.
       (2) Maintenance of confidentiality of classified 
     information in arguments.--Section 504(f) (8 U.S.C. 1534(f)) 
     is amended by adding at the end the following: ``The judge 
     may allow any part of the argument that refers to evidence 
     received in camera and ex parte to be heard in camera and ex 
     parte.''.
       (3) Maintenance of confidentiality of classified 
     information in orders.--Section 504(j) (8 U.S.C. 1534(j)) is 
     amended by adding at the end the following: ``Any portion of 
     the order that would reveal the substance or source of 
     information received in camera and ex parte pursuant to 
     subsection (e) shall not be made available to the alien or 
     the public.''.

     SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS 
                   ORGANIZATIONS.

       Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 
     1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of 
     Public Law 104-132, is amended by inserting ``which the alien 
     knows or should have known is a terrorist organization'' 
     after ``219,''.

     SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST 
                   ORGANIZATION DESIGNATIONS.

       Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by 
     section 302(a) of Public Law 104-132, is amended--
       (1) by striking ``or'' at the end of subparagraph (B),
       (2) by striking the period at the end of subparagraph (C) 
     and inserting a semicolon, and
       (3) by adding at the end the following:
       ``(D) lacking substantial support in the administrative 
     record taken as a whole or in classified information 
     submitted to the court under paragraph (2), or
       ``(E) not in accord with the procedures required by law.''.

     SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY 
                   DEPARTURE.

       Section 504(k) (8 U.S.C. 1534(k)) is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) voluntary departure under section 244(e);''.

     SEC. 358. EFFECTIVE DATE.

       The amendments made by this subtitle shall be effective as 
     if included in the enactment of subtitle A of title IV of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132).
                  Subtitle E--Transportation of Aliens

     SEC. 361. DEFINITION OF STOWAWAY.

       (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)), 
     as amended by section 322(a)(1), is amended by adding at the 
     end the following new paragraph:
       ``(49) The term `stowaway' means any alien who obtains 
     transportation without the consent of the owner, charterer, 
     master or person in command of any vessel or aircraft through 
     concealment aboard such vessel or aircraft. A passenger who 
     boards with a valid ticket is not to be considered a 
     stowaway.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.

     SEC. 362. TRANSPORTATION CONTRACTS.

       (a) Coverage of Noncontiguous Territory.--Section 238 (8 
     U.S.C. 1228), before redesignation as section 233 under 
     section 308(b)(4), is amended--
       (1) in the heading, by striking ``contiguous'', and
       (2) by striking ``contiguous'' each place it appears in 
     subsections (a), (b), and (d).
       (b) Coverage of Railroad Train.--Subsection (d) of such 
     section is further amended by inserting ``or railroad train'' 
     after ``aircraft''.
                   Subtitle F--Additional Provisions

     SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.

       (a) Definition of Term.--Paragraph (4) of section 101(b) (8 
     U.S.C. 1101(b)) is amended to read as follows:
       ``(4) The term `immigration judge' means an attorney whom 
     the Attorney General appoints as an administrative judge 
     within the Executive Office for Immigration Review, qualified 
     to conduct specified classes of proceedings, including a 
     hearing under section 240. An immigration judge shall be 
     subject to such supervision and shall perform such duties as 
     the Attorney General shall prescribe, but shall not be 
     employed by the Immigration and Naturalization Service.''.
       (b) Substitution for Term ``Special Inquiry Officer''.--The 
     Immigration and Nationality Act is amended by striking ``a 
     special inquiry officer'', ``A special inquiry officer'', 
     ``special inquiry officer'', and ``special inquiry officers'' 
     and inserting ``an immigration judge'', ``An immigration 
     judge'', ``immigration judge'', and ``immigration judges'', 
     respectively, each place it appears in the following 
     sections:
       (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), before its 
     repeal by section 306(c).
       (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
       (3) Section 234 (8 U.S.C. 1224), before redesignation by 
     section 308(b).
       (4) Section 235 (8 U.S.C. 1225), before amendment by 
     section 302(a).
       (5) Section 236 (8 U.S.C. 1226), before amendment by 
     section 303.
       (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by 
     section 306(a)(2).
       (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), before 
     repeal by section 306(b)(6).
       (8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by 
     section 308(e)(13).
       (9) Section 292 (8 U.S.C. 1362).
       (c) Compensation for Immigration Judges.--
       (1) In general.--There shall be four levels of pay for 
     immigration judges, under the Immigration Judge Schedule 
     (designated as IJ-1, 2, 3, and 4, respectively), and each 
     such judge shall be paid at one of those levels, in 
     accordance with the provisions of this subsection.
       (2) Rates of pay.--
       (A) The rates of basic pay for the levels established under 
     paragraph (1) shall be as follows:
70% of the next to highest rate of basic pay for the Senior Executive .
  Service
80% of the next to highest rate of basic pay for the Senior Executive .
  Service
90% of the next to highest rate of basic pay for the Senior Executive .
  Service
92% of the next to highest rate of basic pay for the Senior Executive .
  Service.
       (B) Locality pay, where applicable, shall be calculated 
     into the basic pay for immigration judges.
       (3) Appointment.--
       (A) Upon appointment, an immigration judge shall be paid at 
     IJ-1, and shall be advanced to IJ-2 upon completion of 104 
     weeks of service, to IJ-3 upon completion of 104 weeks of 
     service in the next lower rate, and to IJ-4 upon completion 
     of 52 weeks of service in the next lower rate.
       (B) Notwithstanding subparagraph (A), the Attorney General 
     may provide for appointment

[[Page H10868]]

     of an immigration judge at an advanced rate under such 
     circumstances as the Attorney General may determine 
     appropriate.
       (4) Transition.--Immigration judges serving as of the 
     effective date shall be paid at the rate that corresponds to 
     the amount of time, as provided under paragraph (3)(A), that 
     they have served as an immigration judge, and in no case 
     shall be paid less after the effective date than the rate of 
     pay prior to the effective date.
       (d) Effective Dates.--
       (1) Subsections (a) and (b) shall take effect on the date 
     of the enactment of this Act.
       (2) Subsection (c) shall take effect 90 days after the date 
     of the enactment of this Act.

     SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.

       Section 103(a) (8 U.S.C. 1103(a)) is amended--
       (1) inserting ``(1)'' after ``(a)'',
       (2) by designating each sentence (after the first sentence) 
     as a separate paragraph with appropriate consecutive 
     numbering and initial indentation,
       (3) by adding at the end the following new paragraph:
       ``(8) 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 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. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE 
                   COMMISSIONER.

       Section 103 (8 U.S.C. 1103) is amended--
       (1) by adding at the end of subsection (a) the following 
     new paragraph:
       ``(9) The Attorney General, in support of persons in 
     administrative detention in non-Federal institutions, is 
     authorized--
       ``(A) 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 an agreement with a 
     State or political subdivision of a State; and
       ``(B) to enter into a cooperative agreement 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 unit of local government which agrees to 
     provide guaranteed bed space for persons detained by the 
     Service.''; and
       (2) by adding at the end of subsection (c), as redesignated 
     by section 102(d)(1), 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.''.

     SEC. 374. JUDICIAL DEPORTATION.

       (a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as 
     added by section 224(a) of Immigration and Nationality 
     Technical Corrections Act of 1994 and before redesignation by 
     section 308(b)(5), is amended--
       (1) in paragraph (1), by striking ``whose criminal 
     conviction causes such alien to be deportable under section 
     241(a)(2)(A)'' and inserting ``who is deportable'';
       (2) in paragraph (4), by striking ``without a decision on 
     the merits''; and
       (3) by adding at the end the following new paragraph:
       ``(5) 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 a 
     United States magistrate judge in misdemeanor 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) 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 (20);
       (2) by redesignating paragraph (21) as paragraph (22); and
       (3) by inserting after paragraph (20) the following new 
     paragraph:
       ``(21) be ordered deported by a United States district 
     court, or United States magistrate judge, pursuant to a 
     stipulation entered into by the defendant and the United 
     States under section 242A(d)(5) of the Immigration and 
     Nationality Act, except that, in the absence of a 
     stipulation, the United States district court or a United 
     States magistrate judge, may order deportation as a condition 
     of probation, if, after notice and hearing pursuant to such 
     section, the Attorney General demonstrates by clear and 
     convincing evidence that the alien is deportable; or''.
       (c) Effective Date.--The amendment made by subsection 
     (a)(2) shall be effective as if included in the enactment of 
     section 224(a) of the Immigration and Nationality Technical 
     Corrections Act of 1994.

     SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.

       Section 245(c) (8 U.S.C. 1255(c)) is amended--
       (1) by striking ``or (6)'' and inserting ``(6)''; and
       (2) by inserting before the period at the end the 
     following: ``; (7) any alien who seeks adjustment of status 
     to that of an immigrant under section 203(b) and is not in a 
     lawful nonimmigrant status; or (8) any alien who was employed 
     while 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. 376. TREATMENT OF CERTAIN FEES.

       (a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as 
     added by section 506(b) of Public Law 103-317, is amended--
       (1) in paragraph (1), by striking ``five times the fee 
     required for the processing of applications under this 
     section'' and inserting ``$1,000''; and
       (2) by amending paragraph (3) to read as follows:
       ``(3)(A) The portion of each application fee (not to exceed 
     $200) that the Attorney General determines is required to 
     process an application under this section and is remitted to 
     the Attorney General pursuant to paragraphs (1) and (2) of 
     this subsection shall be disposed of by the Attorney General 
     as provided in subsections (m), (n), and (o) of section 286.
       ``(B) Any remaining portion of such fees remitted under 
     such paragraphs shall be deposited by the Attorney General 
     into the Immigration Detention Account established under 
     section 286(s).''.
       (b) Immigration Detention Account.--Section 286 (8 U.S.C. 
     1356) is amended by adding at the end the following new 
     subsection:
       ``(s) Immigration Detention Account.--(1) There is 
     established in the general fund of the Treasury a separate 
     account which shall be known as the `Immigration Detention 
     Account'. Notwithstanding any other section of this title, 
     there shall be deposited as offsetting receipts into the 
     Immigration Detention Account amounts described in section 
     245(i)(3)(B) to remain available until expended.
       ``(2)(A) The Secretary of the Treasury shall refund out of 
     the Immigration Detention Account to any appropriation the 
     amount paid out of such appropriation for expenses incurred 
     by the Attorney General for the detention of aliens under 
     sections 236(c) and 241(a).
       ``(B) The amounts which are required to be refunded under 
     subparagraph (A) shall be refunded at least quarterly on the 
     basis of estimates made by the Attorney General of the 
     expenses referred to in subparagraph (A). Proper adjustments 
     shall be made in the amounts subsequently refunded under 
     subparagraph (A) to the extent prior estimates were in excess 
     of, or less than, the amount required to be refunded under 
     subparagraph (A).
       ``(C) The amounts required to be refunded from the 
     Immigration Detention Account for fiscal year 1997 and 
     thereafter shall be refunded in accordance with estimates 
     made in the budget request of the Attorney General for those 
     fiscal years. Any proposed changes in the amounts designated 
     in such budget requests shall only be made after notification 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate in accordance with section 605 
     of Public Law 104-134.
       ``(D) The Attorney General shall prepare and submit 
     annually to the Congress statements of financial condition of 
     the Immigration Detention Account, including beginning 
     account balance, revenues, withdrawals, and ending account 
     balance and projection for the ensuing fiscal year.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to applications made on or after the end of the 
     90-day period beginning on the date of the enactment of this 
     Act.

     SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.

       (a) Limitation on Court Jurisdiction.--Section 245A(f)(4) 
     (8 U.S.C. 1255a(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 Service but had the application 
     and fee refused by that officer.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the enactment of the 
     Immigration Reform and Control Act of 1986.

     SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

       (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is 
     amended by adding at the end the following sentence: 
     ``Nothing in this subsection shall require the Attorney 
     General to rescind the alien's status prior to commencement 
     of procedures to remove the alien under section 240, and an 
     order of removal issued by an immigration judge shall be 
     sufficient to rescind the alien's status.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the title III-A effective date (as 
     defined in section 309(a)).

     SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.

       (a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8 
     U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--
       (1) by striking ``unless, within 30 days, the Attorney 
     General modifies or vacates the decision and order'' and 
     inserting ``unless either (A) within 30 days, an official 
     delegated by regulation to exercise review authority over the 
     decision and order modifies or vacates the decision

[[Page H10869]]

     and order, or (B) within 30 days of the date of such a 
     modification or vacation (or within 60 days of the date of 
     decision and order of an administrative law judge if not so 
     modified or vacated) the decision and order is referred to 
     the Attorney General pursuant to regulations''; and
       (2) by striking ``a final order'' and inserting ``the final 
     agency decision and order''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to orders issued on or after the date of the 
     enactment of this Act.

     SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.

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


                ``civil penalties for failure to depart

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

     shall pay a civil penalty of not more than $500 to the 
     Commissioner for each day the alien is in violation of this 
     section.
       ``(b) Construction.--Nothing in this section shall be 
     construed to diminish or qualify any penalties to which an 
     alien may be subject for activities proscribed by section 
     243(a) or any other section of this Act.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 274C the 
     following new item:

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

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

     SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.

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

     SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO 
                   ENFORCEMENT.

       (a) In General.--Subsection (b) of section 280 (8 U.S.C. 
     1330) is amended to read as follows:
       ``(b)(1) There is established in the general fund of the 
     Treasury a separate account which shall be known as the 
     `Immigration Enforcement Account'. Notwithstanding any other 
     section of this title, there shall be deposited as offsetting 
     receipts into the Immigration Enforcement Account amounts 
     described in paragraph (2) to remain available until 
     expended.
       ``(2) The amounts described in this paragraph are the 
     following:
       ``(A) The increase in penalties collected resulting from 
     the amendments made by sections 203(b) and 543(a) of the 
     Immigration Act of 1990.
       ``(B) Civil penalties collected under sections 240B(d), 
     274C, 274D, and 275(b).
       ``(3)(A) The Secretary of the Treasury shall refund out of 
     the Immigration Enforcement Account to any appropriation the 
     amount paid out of such appropriation for expenses incurred 
     by the Attorney General for activities that enhance 
     enforcement of provisions of this title. Such activities 
     include--
       ``(i) the identification, investigation, apprehension, 
     detention, and removal of criminal aliens;
       ``(ii) the maintenance and updating of a system to identify 
     and track criminal aliens, deportable aliens, inadmissible 
     aliens, and aliens illegally entering the United States; and
       ``(iii) for the repair, maintenance, or construction on the 
     United States border, in areas experiencing high levels of 
     apprehensions of illegal aliens, of structures to deter 
     illegal entry into the United States.
       ``(B) The amounts which are required to be refunded under 
     subparagraph (A) shall be refunded at least quarterly on the 
     basis of estimates made by the Attorney General of the 
     expenses referred to in subparagraph (A). Proper adjustments 
     shall be made in the amounts subsequently refunded under 
     subparagraph (A) to the extent prior estimates were in excess 
     of, or less than, the amount required to be refunded under 
     subparagraph (A).
       ``(C) The amounts required to be refunded from the 
     Immigration Enforcement Account for fiscal year 1996 and 
     thereafter shall be refunded in accordance with estimates 
     made in the budget request of the Attorney General for those 
     fiscal years. Any proposed changes in the amounts designated 
     in such budget requests shall only be made after notification 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate in accordance with section 605 
     of Public Law 104-134.
       ``(D) The Attorney General shall prepare and submit 
     annually to the Congress statements of financial condition of 
     the Immigration Enforcement Account, including beginning 
     account balance, revenues, withdrawals, and ending account 
     balance and projection for the ensuing fiscal year.''.
       (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 
     U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and 
     inserting ``243(c), 271,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fines and penalties collected on or after the 
     date of the enactment of this Act.

     SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY 
                   PROGRAM.

       (a) In General.--Section 301(e) of the Immigration Act of 
     1990 (8 U.S.C. 1255a note) is amended--
       (1) by striking ``or'' at the end of paragraph (1),
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``, or'', and
       (3) by adding at the end the following new paragraph:
       ``(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 another 
     individual, or
       ``(B) a felony offense that by its nature involves a 
     substantial risk that physical force against another 
     individual may be used in the course of committing the 
     offense.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to benefits granted or extended after the date of 
     the enactment of this Act.

     SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

       (a) In General.--Except as provided in subsection (b), in 
     no case may the Attorney General, or any other official or 
     employee of the Department of Justice (including any bureau 
     or agency of such Department)--
       (1) make an adverse determination of admissibility or 
     deportability of an alien under the Immigration and 
     Nationality Act using information furnished solely by--
       (A) a spouse or parent who has battered the alien or 
     subjected the alien to extreme cruelty,
       (B) a member of the spouse's or parent's family residing in 
     the same household as the alien who has battered the alien or 
     subjected the alien to extreme cruelty when the spouse or 
     parent consented to or acquiesced in such battery or cruelty,
       (C) a spouse or parent who has battered the alien's child 
     or subjected the alien's child to extreme cruelty (without 
     the active participation of the alien in the battery or 
     extreme cruelty), or
       (D) a member of the spouse's or parent's family residing in 
     the same household as the alien who has battered the alien's 
     child or subjected the alien's child to extreme cruelty when 
     the spouse or parent consented to or acquiesced in such 
     battery or cruelty and the alien did not actively participate 
     in such battery or cruelty,

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

     The limitation under paragraph (2) ends when the application 
     for relief is denied and all opportunities for appeal of the 
     denial have been exhausted.
       (b) Exceptions.--
       (1) The Attorney General may provide, in the Attorney 
     General's discretion, for the disclosure of information in 
     the same manner and circumstances as census information may 
     be disclosed by the Secretary of Commerce under section 8 of 
     title 13, United States Code.
       (2) The Attorney General may provide in the discretion of 
     the Attorney General for the disclosure of information to law 
     enforcement officials to be used solely for a legitimate law 
     enforcement purpose.
       (3) Subsection (a) shall not be construed as preventing 
     disclosure of information in connection with judicial review 
     of a determination in a manner that protects the 
     confidentiality of such information.
       (4) Subsection (a)(2) shall not apply if all the battered 
     individuals in the case are adults and they have all waived 
     the restrictions of such subsection.
       (c) Penalties for Violations.--Anyone who willfully uses, 
     publishes, or permits information to be disclosed in 
     violation of this section shall be subject to appropriate 
     disciplinary action and subject to a civil money penalty of 
     not more than $5,000 for each such violation.
       (d) Conforming Amendments to Other Disclosure 
     Restrictions.--
       (1) In general.--The last sentence of section 210(b)(6) and 
     the second sentence of section 245A(c)(5) (8 U.S.C. 
     1255a(c)(5)) are each amended to read as follows: ``Anyone 
     who uses, publishes, or permits information to be examined in 
     violation of this paragraph shall be subject to appropriate 
     disciplinary action and subject to a civil money penalty of 
     not more than $5,000 for each violation.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to offenses occurring on or after the date of the 
     enactment of this Act.

     SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF 
                   ALIENS.

       In addition to the amounts otherwise authorized to be 
     appropriated for each fiscal year beginning with fiscal year 
     1996, there are authorized to be appropriated to the Attorney 
     General

[[Page H10870]]

     $150,000,000 for costs associated with the removal of 
     inadmissible or deportable aliens, including costs of 
     detention of such aliens pending their removal, the hiring of 
     more investigators, and the hiring of more detention and 
     deportation officers.

     SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON 
                   DETENTION SPACE.

       (a) Increase in 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.
       (b) Report on Detention Space.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, and every 6 months thereafter, the 
     Attorney General shall submit a report to the Committees on 
     the Judiciary of the House of Representatives and of the 
     Senate estimating the amount of detention space that will be 
     required, during the fiscal year in which the report is 
     submitted and the succeeding fiscal year, to detain--
       (A) all aliens subject to detention under section 236(c) of 
     the Immigration and Nationality Act (as amended by section 
     303 of this title) and section 241(a) of the Immigration and 
     Nationality Act (as inserted by section 305(a)(3) of this 
     title);
       (B) all excludable or deportable aliens subject to 
     proceedings under section 238 of the Immigration and 
     Nationality Act (as redesignated by section 308(b)(5) of this 
     title) or section 235(b)(2)(A) or 240 of the Immigration and 
     Nationality Act; and
       (C) other excludable or deportable aliens in accordance 
     with the priorities established by the Attorney General.
       (2) Estimate of number of aliens released into the 
     community.--
       (A) Criminal aliens.--
       (i) In general.--The first report submitted under paragraph 
     (1) shall include an estimate of the number of criminal 
     aliens who, in each of the 3 fiscal years concluded prior to 
     the date of the report--

       (I) were released from detention facilities of the 
     Immigration and Naturalization Service (whether operated 
     directly by the Service or through contract with other 
     persons or agencies); or
       (II) were not taken into custody or detention by the 
     Service upon completion of their incarceration.

       (ii) Aliens convicted of aggravated felonies.--The estimate 
     under clause (i) shall estimate separately, with respect to 
     each year described in such clause, the number of criminal 
     aliens described in such clause who were convicted of an 
     aggravated felony.
       (B) All excludable or deportable aliens.--The first report 
     submitted under paragraph (1) shall also estimate the number 
     of excludable or deportable aliens who were released into the 
     community due to a lack of detention facilities in each of 
     the 3 fiscal years concluded prior to the date of the report 
     notwithstanding circumstances that the Attorney General 
     believed justified detention (for example, a significant 
     probability that the released alien would not appear, as 
     agreed, at subsequent exclusion or deportation proceedings).
       (C) Subsequent reports.--Each report under paragraph (1) 
     following the first such report shall include the estimates 
     under subparagraphs (A) and (B), made with respect to the 6-
     month period immediately preceding the date of the submission 
     of the report.

     SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR 
                   THE DETENTION OF INADMISSIBLE OR DEPORTABLE 
                   ALIENS.

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

     SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.

       Not later than 30 months after the date of the enactment of 
     this Act, the Attorney General, in consultation 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 program of interior 
     repatriation developed under section 437 of the Antiterrorism 
     and Effective Death Penalty Act of 1996 (Public Law 104-132).
        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

     SEC. 401. ESTABLISHMENT OF PROGRAMS.

       (a) In General.--The Attorney General shall conduct 3 pilot 
     programs of employment eligibility confirmation under this 
     subtitle.
       (b) Implementation Deadline; Termination.--The Attorney 
     General shall implement the pilot programs in a manner that 
     permits persons and other entities to have elections under 
     section 402 made and in effect no later than 1 year after the 
     date of the enactment of this Act. Unless the Congress 
     otherwise provides, the Attorney General shall terminate a 
     pilot program at the end of the 4-year period beginning on 
     the first day the pilot program is in effect.
       (c) Scope of Operation of Pilot Programs.--The Attorney 
     General shall provide for the operation--
       (1) of the basic pilot program (described in section 
     403(a)) in, at a minimum, 5 of the 7 States with the highest 
     estimated population of aliens who are not lawfully present 
     in the United States;
       (2) of the citizen attestation pilot program (described in 
     section 403(b)) in at least 5 States (or, if fewer, all of 
     the States) that meet the condition described in section 
     403(b)(2)(A); and
       (3) of the machine-readable-document pilot program 
     (described in section 403(c)) in at least 5 States (or, if 
     fewer, all of the States) that meet the condition described 
     in section 403(c)(2).
       (d) References in Subtitle.--In this subtitle--
       (1) Pilot program references.--The terms ``program'' or 
     ``pilot program'' refer to any of the 3 pilot programs 
     provided for under this subtitle.
       (2) Confirmation system.--The term ``confirmation system'' 
     means the confirmation system established under section 404.
       (3) References to section 274a.--Any reference in this 
     subtitle to section 274A (or a subdivision of such section) 
     is deemed a reference to such section (or subdivision 
     thereof) of the Immigration and Nationality Act.
       (4) I-9 or similar form.--The term ``I-9 or similar form'' 
     means the form used for purposes of section 274A(b)(1)(A) or 
     such other form as the Attorney General determines to be 
     appropriate.
        (5) Limited application to recruiters and referrers.--Any 
     reference to recruitment or referral (or a recruiter or 
     referrer) in relation to employment is deemed a reference 
     only to such recruitment or referral (or recruiter or 
     referrer) that is subject to section 274A(a)(1)(B)(ii).
       (6) United states citizenship.--The term ``United States 
     citizenship'' includes United States nationality.
       (7) State.--The term ``State'' has the meaning given such 
     term in section 101(a)(36) of the Immigration and Nationality 
     Act.

     SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT 
                   PROGRAM.

       (a) Voluntary Election.--Subject to subsection (c)(3)(B), 
     any person or other entity that conducts any hiring (or 
     recruitment or referral) in a State in which a pilot program 
     is operating may elect to participate in that pilot program. 
     Except as specifically provided in subsection (e), the 
     Attorney General may not require any person or other entity 
     to participate in a pilot program.
       (b) Benefit of Rebuttable Presumption.--
       (1) In general.--If a person or other entity is 
     participating in a pilot program and obtains confirmation of 
     identity and employment eligibility in compliance with the 
     terms and conditions of the program with respect to the 
     hiring (or recruitment or referral) of an individual for 
     employment in the United States, the person or entity has 
     established a rebuttable presumption that the person or 
     entity has not violated section 274A(a)(1)(A) with respect to 
     such hiring (or such recruitment or referral).
       (2) Construction.--Paragraph (1) shall not be construed as 
     preventing a person or other entity that has an election in 
     effect under subsection (a) from establishing an affirmative 
     defense under section 274A(a)(3) if the person or entity 
     complies with the requirements of section 274A(a)(1)(B) but 
     fails to obtain confirmation under paragraph (1).
       (c) General Terms of Elections.--
       (1) In general.--An election under subsection (a) shall be 
     in such form and manner, under such terms and conditions, and 
     shall take effect, as the Attorney General shall specify. The 
     Attorney General may not impose any fee as a condition of 
     making an election or participating in a pilot program.
       (2) Scope of election.--
       (A) In general.--Subject to paragraph (3), any electing 
     person or other entity may provide that the election under 
     subsection (a) shall apply (during the period in which the 
     election is in effect)--
       (i) to all its hiring (and all recruitment or referral) in 
     the State (or States) in which the pilot program is 
     operating, or
       (ii) to its hiring (or recruitment or referral) in one or 
     more pilot program States or one or more places of hiring (or 
     recruitment or referral, as the case may be) in the pilot 
     program States.
       (B) Application of programs in non-pilot program states.--
     In addition, the Attorney General may permit a person or 
     entity electing--
       (i) the basic pilot program (described in section 403(a)) 
     to provide that the election applies to its hiring (or 
     recruitment or referral) in one or more States or places of 
     hiring (or recruitment or referral) in which the pilot 
     program is not otherwise operating, or
       (ii) the citizen attestation pilot program (described in 
     403(b)) or the machine-readable-document pilot program 
     (described in section 403(c)) to provide that the election 
     applies to its hiring (or recruitment or referral) in one or 
     more States

[[Page H10871]]

     or places of hiring (or recruitment or referral) in which the 
     pilot program is not otherwise operating but only if such 
     States meet the requirements of 403(b)(2)(A) and 403(c)(2), 
     respectively.
       (3) Acceptance and rejection of elections.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Attorney General shall accept all elections made under 
     subsection (a).
       (B) Rejection of elections.--The Attorney General may 
     reject an election by a person or other entity under this 
     section or limit its applicability to certain States or 
     places of hiring (or recruitment or referral) if the Attorney 
     General has determined that there are insufficient resources 
     to provide appropriate services under a pilot program for the 
     person's or entity's hiring (or recruitment or referral) in 
     any or all States or places of hiring.
       (4) Termination of elections.--The Attorney General may 
     terminate an election by a person or other entity under this 
     section because the person or entity has substantially failed 
     to comply with its obligations under the pilot program. A 
     person or other entity may terminate an election in such form 
     and manner as the Attorney General shall specify.
       (d) Consultation, Education, and Publicity.--
       (1) Consultation.--The Attorney General shall closely 
     consult with representatives of employers (and recruiters and 
     referrers) in the development and implementation of the pilot 
     programs, including the education of employers (and 
     recruiters and referrers) about such programs.
       (2) Publicity.--The Attorney General shall widely publicize 
     the election process and pilot programs, including the 
     voluntary nature of the pilot programs and the advantages to 
     employers (and recruiters and referrers) of making an 
     election under this section.
       (3) Assistance through district offices.--The Attorney 
     General shall designate one or more individuals in each 
     District office of the Immigration and Naturalization Service 
     for a Service District in which a pilot program is being 
     implemented--
       (A) to inform persons and other entities that seek 
     information about pilot programs of the voluntary nature of 
     such programs, and
       (B) to assist persons and other entities in electing and 
     participating in any pilot programs in effect in the 
     District, in complying with the requirements of section 274A, 
     and in facilitating confirmation of the identity and 
     employment eligibility of individuals consistent with such 
     section.
       (e) Select Entities Required to Participate in a Pilot 
     Program.--
       (1) Federal government.--
       (A) Executive departments.--
       (i) In general.--Each Department of the Federal Government 
     shall elect to participate in a pilot program and shall 
     comply with the terms and conditions of such an election.
       (ii) Election.--Subject to clause (iii), the Secretary of 
     each such Department--

       (I) shall elect the pilot program (or programs) in which 
     the Department shall participate, and
       (II) may limit the election to hiring occurring in certain 
     States (or geographic areas) covered by the program (or 
     programs) and in specified divisions within the Department, 
     so long as all hiring by such divisions and in such locations 
     is covered.

       (iii) Role of attorney general.--The Attorney General shall 
     assist and coordinate elections under this subparagraph in 
     such manner as assures that--

       (I) a significant portion of the total hiring within each 
     Department within States covered by a pilot program is 
     covered under such a program, and
       (II) there is significant participation by the Federal 
     Executive branch in each of the pilot programs.

       (B) Legislative branch.--Each Member of Congress, each 
     officer of Congress, and the head of each agency of the 
     legislative branch, that conducts hiring in a State in which 
     a pilot program is operating shall elect to participate in a 
     pilot program, may specify which pilot program or programs 
     (if there is more than one) in which the Member, officer, or 
     agency will participate, and shall comply with the terms and 
     conditions of such an election.
       (2) Application to certain violators.--An order under 
     section 274A(e)(4) or section 274B(g) of the Immigration and 
     Nationality Act may require the subject of the order to 
     participate in, and comply with the terms of, a pilot program 
     with respect to the subject's hiring (or recruitment or 
     referral) of individuals in a State covered by such a 
     program.
       (3) Consequence of failure to participate.--If a person or 
     other entity is required under this subsection to participate 
     in a pilot program and fails to comply with the requirements 
     of such program with respect to an individual--
       (A) such failure shall be treated as a violation of section 
     274A(a)(1)(B) with respect to that individual, and
       (B) a rebuttable presumption is created that the person or 
     entity has violated section 274A(a)(1)(A).
     Subparagraph (B) shall not apply in any prosecution under 
     section 274A(f)(1).
       (f) Construction.--This subtitle shall not affect the 
     authority of the Attorney General under any other law 
     (including section 274A(d)(4)) to conduct demonstration 
     projects in relation to section 274A.

     SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.

       (a) Basic Pilot Program.--A person or other entity that 
     elects to participate in the basic pilot program described in 
     this subsection agrees to conform to the following procedures 
     in the case of the hiring (or recruitment or referral) for 
     employment in the United States of each individual covered by 
     the election:
       (1) Provision of additional information.--The person or 
     entity shall obtain from the individual (and the individual 
     shall provide) and shall record on the I-9 or similar form--
       (A) the individual's social security account number, if the 
     individual has been issued such a number, and
       (B) if the individual does not attest to United States 
     citizenship under section 274A(b)(2), such identification or 
     authorization number established by the Immigration and 
     Naturalization Service for the alien as the Attorney General 
     shall specify,
     and shall retain the original form and make it available for 
     inspection for the period and in the manner required of I-9 
     forms under section 274A(b)(3).
       (2) Presentation of documentation.--
       (A) In general.--The person or other entity, and the 
     individual whose identity and employment eligibility are 
     being confirmed, shall, subject to subparagraph (B), fulfill 
     the requirements of section 274A(b) with the following 
     modifications:
       (i) A document referred to in section 274A(b)(1)(B)(ii) (as 
     redesignated by section 412(a)) must be designated by the 
     Attorney General as suitable for the purpose of 
     identification in a pilot program.
       (ii) A document referred to in section 274A(b)(1)(D) must 
     contain a photograph of the individual.
       (iii) The person or other entity has complied with the 
     requirements of section 274A(b)(1) with respect to 
     examination of a document if the document reasonably appears 
     on its face to be genuine and it reasonably appears to 
     pertain to the individual whose identity and work eligibility 
     is being confirmed.
       (B) Limitation of requirement to examine documentation.--If 
     the Attorney General finds that a pilot program would 
     reliably determine with respect to an individual whether--
       (i) the person with the identity claimed by the individual 
     is authorized to work in the United States, and
       (ii) the individual is claiming the identity of another 
     person,

     if a person or entity could fulfill the requirement to 
     examine documentation contained in subparagraph (A) of 
     section 274A(b)(1) by examining a document specified in 
     either subparagraph (B) or (D) of such section, the Attorney 
     General may provide that, for purposes of such requirement, 
     only such a document need be examined. In such case, any 
     reference in section 274A(b)(1)(A) to a verification that an 
     individual is not an unauthorized alien shall be deemed to be 
     a verification of the individual's identity.
       (3) Seeking confirmation.--
       (A) In general.--The person or other entity shall make an 
     inquiry, as provided in section 404(a)(1), using the 
     confirmation system to seek confirmation of the identity and 
     employment eligibility of an individual, by not later than 
     the end of 3 working days (as specified by the Attorney 
     General) after the date of the hiring (or recruitment or 
     referral, as the case may be).
       (B) Extension of time period.--If the person or other 
     entity in good faith attempts to make an inquiry during such 
     3 working days and the confirmation system has registered 
     that not all inquiries were received during such time, the 
     person or entity can make an inquiry in the first subsequent 
     working day in which the confirmation system registers that 
     it has received all inquiries. If the confirmation system 
     cannot receive inquiries at all times during a day, the 
     person or entity merely has to assert that the entity 
     attempted to make the inquiry on that day for the previous 
     sentence to apply to such an inquiry, and does not have to 
     provide any additional proof concerning such inquiry.
       (4) Confirmation or nonconfirmation.--
       (A) Confirmation upon initial inquiry.--If the person or 
     other entity receives an appropriate confirmation of an 
     individual's identity and work eligibility under the 
     confirmation system within the time period specified under 
     section 404(b), the person or entity shall record on the I-9 
     or similar form an appropriate code that is provided under 
     the system and that indicates a final confirmation of such 
     identity and work eligibility of the individual.
       (B) Nonconfirmation upon initial inquiry and secondary 
     verification.--
       (i) Nonconfirmation.--If the person or other entity 
     receives a tentative nonconfirmation of an individual's 
     identity or work eligibility under the confirmation system 
     within the time period specified under 404(b), the person or 
     entity shall so inform the individual for whom the 
     confirmation is sought.
       (ii) No contest.--If the individual does not contest the 
     nonconfirmation within the time period specified in section 
     404(c), the nonconfirmation shall be considered final. The 
     person or entity shall then record on the I-9 or similar form 
     an appropriate code which has been provided under the system 
     to indicate a tentative nonconfirmation.
       (iii) Contest.--If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under section 404(c). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     confirmation system within the time period specified in such 
     section. In no case shall an employer terminate employment of 
     an individual because of a failure of the individual to have 
     identity and work eligibility confirmed under this section 
     until a nonconfirmation becomes final. Nothing in this clause 
     shall apply to a termination of employment for any reason 
     other than because of such a failure.
       (iv) Recording of conclusion on form.--If a final 
     confirmation or nonconfirmation is provided by the 
     confirmation system under section

[[Page H10872]]

     404(c) regarding an individual, the person or entity shall 
     record on the I-9 or similar form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       (C) Consequences of nonconfirmation.--
       (i) Termination or notification of continued employment.--
     If the person or other entity has received a final 
     nonconfirmation regarding an individual under subparagraph 
     (B), the person or entity may terminate employment (or 
     recruitment or referral) of the individual. If the person or 
     entity does not terminate employment (or recruitment or 
     referral) of the individual, the person or entity shall 
     notify the Attorney General of such fact through the 
     confirmation system or in such other manner as the Attorney 
     General may specify.
       (ii) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under clause (i), the failure is deemed to constitute a 
     violation of section 274A(a)(1)(B) with respect to that 
     individual and the applicable civil monetary penalty under 
     section 274A(e)(5) shall be (notwithstanding the amounts 
     specified in such section) no less than $500 and no more than 
     $1,000 for each individual with respect to whom such 
     violation occurred.
       (iii) Continued employment after final nonconfirmation.--If 
     the person or other entity continues to employ (or to recruit 
     or refer) an individual after receiving final 
     nonconfirmation, a rebuttable presumption is created that the 
     person or entity has violated section 274A(a)(1)(A). The 
     previous sentence shall not apply in any prosecution under 
     section 274A(f)(1).
       (b) Citizen Attestation Pilot Program.--
       (1) In general.--Except as provided in paragraphs (3) 
     through (5), the procedures applicable under the citizen 
     attestation pilot program under this subsection shall be the 
     same procedures as those under the basic pilot program under 
     subsection (a).
       (2) Restrictions.--
       (A) State document requirement to participate in pilot 
     program.--The Attorney General may not provide for the 
     operation of the citizen attestation pilot program in a State 
     unless each driver's license or similar identification 
     document described in section 274A(b)(1)(D)(i) issued by the 
     State--
       (i) contains a photograph of the individual involved, and
       (ii) has been determined by the Attorney General to have 
     security features, and to have been issued through 
     application and issuance procedures, which make such document 
     sufficiently resistant to counterfeiting, tampering, and 
     fraudulent use that it is a reliable means of identification 
     for purposes of this section.
       (B) Authorization to limit employer participation.--The 
     Attorney General may restrict the number of persons or other 
     entities that may elect to participate in the citizen 
     attestation pilot program under this subsection as the 
     Attorney General determines to be necessary to produce a 
     representative sample of employers and to reduce the 
     potential impact of fraud.
       (3) No confirmation required for certain individuals 
     attesting to u.s. citizenship.--In the case of a person or 
     other entity hiring (or recruiting or referring) an 
     individual under the citizen attestation pilot program, if 
     the individual attests to United States citizenship (under 
     penalty of perjury on an I-9 or similar form which form 
     states on its face the criminal and other penalties provided 
     under law for a false representation of United States 
     citizenship)--
       (A) the person or entity may fulfill the requirement to 
     examine documentation contained in subparagraph (A) of 
     section 274A(b)(1) by examining a document specified in 
     either subparagraph (B)(i) or (D) of such section; and
       (B) the person or other entity is not required to comply 
     with respect to such individual with the procedures described 
     in paragraphs (3) and (4) of subsection (a), but only if the 
     person or entity retains the form and makes it available for 
     inspection in the same manner as in the case of an I-9 form 
     under section 274A(b)(3).
       (4) Waiver of document presentation requirement in certain 
     cases.--
       (A) In general.--In the case of a person or entity that 
     elects, in a manner specified by the Attorney General 
     consistent with subparagraph (B), to participate in the pilot 
     program under this paragraph, if an individual being hired 
     (or recruited or referred) attests (in the manner described 
     in paragraph (3)) to United States citizenship and the person 
     or entity retains the form on which the attestation is made 
     and makes it available for inspection in the same manner as 
     in the case of an I-9 form under section 274A(b)(3), the 
     person or entity is not required to comply with the 
     procedures described in section 274A(b).
       (B) Restriction.--The Attorney General shall restrict the 
     election under this paragraph to no more than 1,000 employers 
     and, to the extent practicable, shall select among employers 
     seeking to make such election in a manner that provides for 
     such an election by a representative sample of employers.
       (5) Nonreviewable determinations.--The determinations of 
     the Attorney General under paragraphs (2) and (4) are within 
     the discretion of the Attorney General and are not subject to 
     judicial or administrative review.
       (c) Machine-Readable-Document Pilot Program.--
       (1) In general.--Except as provided in paragraph (3), the 
     procedures applicable under the machine-readable-document 
     pilot program under this subsection shall be the same 
     procedures as those under the basic pilot program under 
     subsection (a).
       (2) State document requirement to participate in pilot 
     program.--The Attorney General may not provide for the 
     operation of the machine-readable-document pilot program in a 
     State unless driver's licenses and similar identification 
     documents described in section 274A(b)(1)(D)(i) issued by the 
     State include a machine-readable social security account 
     number.
       (3) Use of machine-readable documents.--If the individual 
     whose identity and employment eligibility must be confirmed 
     presents to the person or entity hiring (or recruiting or 
     referring) the individual a license or other document 
     described in paragraph (2) that includes a machine-readable 
     social security account number, the person or entity must 
     make an inquiry through the confirmation system by using a 
     machine-readable feature of such document. If the individual 
     does not attest to United States citizenship under section 
     274A(b)(2), the individual's identification or authorization 
     number described in subsection (a)(1)(B) shall be provided as 
     part of the inquiry.
       (d) Protection from Liability for Actions Taken on the 
     Basis of Information Provided by the Confirmation System.--No 
     person or entity participating in a pilot program shall be 
     civilly or criminally liable under any law for any action 
     taken in good faith reliance on information provided through 
     the confirmation system.

     SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

       (a) In General.--The Attorney General shall establish a 
     pilot program confirmation system through which the Attorney 
     General (or a designee of the Attorney General, which may be 
     a nongovernmental entity)--
       (1) responds to inquiries made by electing persons and 
     other entities (including those made by the transmittal of 
     data from machine-readable documents under the machine-
     readable pilot program) at any time through a toll-free 
     telephone line or other toll-free electronic media concerning 
     an individual's identity and whether the individual is 
     authorized to be employed, and
       (2) maintains records of the inquiries that were made, of 
     confirmations provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under the pilot programs.

     To the extent practicable, the Attorney General shall seek to 
     establish such a system using one or more nongovernmental 
     entities.
       (b) Initial Response.--The confirmation system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the confirmation 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       (c) Secondary Verification Process in Case of Tentative 
     Nonconfirmation.--In cases of tentative nonconfirmation, the 
     Attorney General shall specify, in consultation with the 
     Commissioner of Social Security and the Commissioner of the 
     Immigration and Naturalization Service, an available 
     secondary verification process to confirm the validity of 
     information provided and to provide a final confirmation or 
     nonconfirmation within 10 working days after the date of the 
     tentative nonconfirmation. When final confirmation or 
     nonconfirmation is provided, the confirmation system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       (d) Design and Operation of System.--The confirmation 
     system shall be designed and operated--
       (1) to maximize its reliability and ease of use by persons 
     and other entities making elections under section 402(a) 
     consistent with insulating and protecting the privacy and 
     security of the underlying information;
       (2) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       (3) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       (4) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       (A) the selective or unauthorized use of the system to 
     verify eligibility;
       (B) the use of the system prior to an offer of employment; 
     or
       (C) 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.
       (e) Responsibilities of the Commissioner of Social 
     Security.--As part of the confirmation system, the 
     Commissioner of Social Security, in consultation with the 
     entity responsible for administration of the system, shall 
     establish a reliable, secure method, which, within the time 
     periods specified under subsections (b) and (c), compares the 
     name and social security account number provided in an 
     inquiry against such information maintained by the 
     Commissioner in order to confirm (or not confirm) the 
     validity of the information provided regarding an individual 
     whose identity and employment eligibility must be confirmed, 
     the correspondence of the name and number, and whether the 
     individual has presented a social security account number 
     that is not valid for employment. The Commissioner shall not 
     disclose or release social security information (other than 
     such confirmation or nonconfirmation).
       (f) Responsibilities of the Commissioner of the Immigration 
     and Naturalization Service.--As part of the confirmation 
     system, the Commissioner of the Immigration and 
     Naturalization Service, in consultation with the entity 
     responsible for administration of the system, shall establish 
     a reliable, secure method, which,

[[Page H10873]]

     within the time periods specified under subsections (b) and 
     (c), compares the name and alien identification or 
     authorization number described in section 403(a)(1)(B) which 
     are provided in an inquiry against such information 
     maintained by the Commissioner in order to confirm (or not 
     confirm) the validity of the information provided, the 
     correspondence of the name and number, and whether the alien 
     is authorized to be employed in the United States.
       (g) Updating Information.--The Commissioners of Social 
     Security and the Immigration and Naturalization Service shall 
     update their information in a manner that promotes the 
     maximum accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in subsection (c).
       (h) Limitation on Use of the Confirmation System and Any 
     Related Systems.--
       (1) In general.--Notwithstanding any other provision of 
     law, nothing in this subtitle shall be construed to permit or 
     allow any department, bureau, or other agency of the United 
     States Government to utilize any information, data base, or 
     other records assembled under this subtitle for any other 
     purpose other than as provided for under a pilot program.
       (2) No national identification card.--Nothing in this 
     subtitle shall be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.

     SEC. 405. REPORTS.

       The Attorney General shall submit to the Committees on the 
     Judiciary of the House of Representatives and of the Senate 
     reports on the pilot programs within 3 months after the end 
     of the third and fourth years in which the programs are in 
     effect. Such reports shall--
       (1) assess the degree of fraudulent attesting of United 
     States citizenship,
       (2) include recommendations on whether or not the pilot 
     programs should be continued or modified, and
       (3) assess the benefits of the pilot programs to employers 
     and the degree to which they assist in the enforcement of 
     section 274A.
      Subtitle B--Other Provisions Relating to Employer Sanctions

     SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS 
                   OF PAPERWORK REQUIREMENTS.

       (a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is 
     amended by adding at the end the following new paragraph:
       ``(6) Good faith compliance.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), a person or entity is considered to have complied 
     with a requirement of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the Service (or another enforcement agency) has 
     explained to the person or entity the basis for the failure,
       ``(ii) the person or entity has been provided a period of 
     not less than 10 business days (beginning after the date of 
     the explanation) within which to correct the failure, and
       ``(iii) the person or entity has not corrected the failure 
     voluntarily within such period.
       ``(C) Exception for pattern or practice violators.--
     Subparagraph (A) shall not apply to a person or entity that 
     has or is engaging in a pattern or practice of violations of 
     subsection (a)(1)(A) or (a)(2).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to failures occurring on or after the date of the 
     enactment of this Act.

     SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER 
                   SANCTIONS PROGRAM.

       (a) Reducing the Number of Documents Accepted for 
     Employment Verification.--Section 274A(b)(1) (8 U.S.C. 
     1324a(b)(1)) is amended--
       (1) in subparagraph (B)--
       (A) by striking clauses (ii) through (iv),
       (B) in clause (v), by striking ``or other alien 
     registration card, if the card'' and inserting ``, alien 
     registration card, or other document designated by the 
     Attorney General, if the document'' and redesignating such 
     clause as clause (ii), and
       (C) in clause (ii), as so redesignated--
       (i) in subclause (I), by striking ``or'' before ``such 
     other personal identifying information'' and inserting 
     ``and'',
       (ii) by striking ``and'' at the end of subclause (I),
       (iii) by striking the period at the end of subclause (II) 
     and inserting ``, and'', and
       (iv) by adding at the end the following new subclause:

       ``(III) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.'';

       (2) in subparagraph (C)--
       (A) by adding ``or'' at the end of clause (i),
       (B) by striking clause (ii), and
       (C) by redesignating clause (iii) as clause (ii); and
       (3) by adding at the end the following new subparagraph:
       ``(E) Authority to prohibit use of certain documents.--If 
     the Attorney General finds, by regulation, that any document 
     described in subparagraph (B), (C), or (D) 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 
     this subsection.''.
       (b) Reduction of Paperwork for Certain Employees.--Section 
     274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end 
     the following new paragraph:
       ``(6) Treatment of documentation for certain employees.--
       ``(A) In general.--For purposes of this section, if--
       ``(i) an individual is a member of a collective-bargaining 
     unit and is employed, under a collective bargaining agreement 
     entered into between one or more employee organizations and 
     an association of two or more employers, by an employer that 
     is a member of such association, and
       ``(ii) within the period specified in subparagraph (B), 
     another employer that is a member of the association (or an 
     agent of such association on behalf of the employer) has 
     complied with the requirements of subsection (b) with respect 
     to the employment of the individual,

     the subsequent employer shall be deemed to have complied with 
     the requirements of subsection (b) with respect to the hiring 
     of the employee and shall not be liable for civil penalties 
     described in subsection (e)(5).
       ``(B) Period.--The period described in this subparagraph is 
     3 years, or, if less, the period of time that the individual 
     is authorized to be employed in the United States.
       ``(C) Liability.--
       ``(i) In general.--If any employer that is a member of an 
     association hires for employment in the United States an 
     individual and relies upon the provisions of subparagraph (A) 
     to comply with the requirements of subsection (b) and the 
     individual is an alien not authorized to work in the United 
     States, then for the purposes of paragraph (1)(A), subject to 
     clause (ii), the employer shall be presumed to have known at 
     the time of hiring or afterward that the individual was an 
     alien not authorized to work in the United States.
       ``(ii) Rebuttal of presumption.--The presumption 
     established by clause (i) may be rebutted by the employer 
     only through the presentation of clear and convincing 
     evidence that the employer did not know (and could not 
     reasonably have known) that the individual at the time of 
     hiring or afterward was an alien not authorized to work in 
     the United States.
       ``(iii) Exception.--Clause (i) shall not apply in any 
     prosecution under subsection (f)(1).''.
       (c) Elimination of Dated Provisions.--Section 274A (8 
     U.S.C. 1324a) is amended by striking subsections (i) through 
     (n).
       (d) Clarification of Application to Federal Government.--
     Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection 
     (b), is amended by adding at the end the following new 
     paragraph:
       ``(7) Application to federal government.--For purposes of 
     this section, the term `entity' includes an entity in any 
     branch of the Federal Government.''.
       (e) Effective Dates.--
       (1) The amendments made by subsection (a) shall apply with 
     respect to hiring (or recruitment or referral) occurring on 
     or after such date (not later than 12 months after the date 
     of the enactment of this Act) as the Attorney General shall 
     designate.
       (2) The amendment made by subsection (b) shall apply to 
     individuals hired on or after 60 days after the date of the 
     enactment of this Act.
       (3) The amendment made by subsection (c) shall take effect 
     on the date of the enactment of this Act.
       (4) The amendment made by subsection (d) applies to hiring 
     occurring before, on, or after the date of the enactment of 
     this Act, but no penalty shall be imposed under subsection 
     (e) or (f) of section 274A of the Immigration and Nationality 
     Act for such hiring occurring before such date.

     SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED 
                   FOR ENFORCEMENT OF EMPLOYER SANCTIONS 
                   PROVISIONS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Attorney General shall submit 
     to the Committees on the Judiciary of the House of 
     Representatives and of the Senate a report on any additional 
     authority or resources needed--
       (1) by the Immigration and Naturalization Service in order 
     to enforce section 274A of the Immigration and Nationality 
     Act, or
       (2) by Federal agencies in order to carry out the Executive 
     Order of February 13, 1996 (entitled ``Economy and Efficiency 
     in Government Procurement Through Compliance with Certain 
     Immigration and Naturalization Act Provisions'') and to 
     expand the restrictions in such order to cover agricultural 
     subsidies, grants, job training programs, and other Federally 
     subsidized assistance programs.
       (b) Reference to Increased Authorization of 
     Appropriations.--For provision increasing the authorization 
     of appropriations for investigators for violations of 
     sections 274 and 274A of the Immigration and Nationality Act, 
     see section 131.

     SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO 
                   WORK.

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

[[Page H10874]]

     regarding the name and address of the alien, the name and 
     address of the person reporting the earnings, and the amount 
     of the earnings. The information shall be provided in an 
     electronic form agreed upon by the Commissioner and the 
     Attorney General.''.
       (b) Report on Fraudulent Use of Social Security Account 
     Numbers.--The Commissioner of Social Security shall transmit 
     to the Attorney General, by not later than 1 year after the 
     date of the enactment of this Act, a report on the extent to 
     which social security account numbers and cards are used by 
     aliens for fraudulent purposes.

     SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON 
                   ALIENS.

       Section 264 (8 U.S.C. 1304) is amended by adding at the end 
     the following new subsection:
       ``(f) Notwithstanding any other provision of law, the 
     Attorney General is authorized to require any alien to 
     provide the alien's social security account number for 
     purposes of inclusion in any record of the alien maintained 
     by the Attorney General or the Service.''.

     SEC. 416. SUBPOENA AUTHORITY.

       Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by striking the period at the end of subparagraph (B) 
     and inserting ``, and''; and
       (3) by inserting after subparagraph (B) the following:
       ``(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).''.
      Subtitle C--Unfair Immigration-Related Employment Practices

     SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS 
                   UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
                   PRACTICES.

       (a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) 
     is amended--
       (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)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to requests made on or after the date of the 
     enactment of this Act.
              TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS

     SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE 
                   AND IMMIGRATION.

       (a) Statements of Congressional Policy.--The Congress makes 
     the following statements concerning national policy with 
     respect to welfare and immigration:
       (1) Self-sufficiency has been a basic principle of United 
     States immigration law since this country's earliest 
     immigration statutes.
       (2) It continues to be the immigration policy of the United 
     States that--
       (A) aliens within the nation's borders not depend on public 
     resources to meet their needs, but rather rely on their own 
     capabilities and the resources of their families, their 
     sponsors, and private organizations, and
       (B) the availability of public benefits not constitute an 
     incentive for immigration to the United States.
       (3) Despite this principle of self-sufficiency, aliens have 
     been applying for and receiving public benefits from Federal, 
     State, and local governments at increasing rates.
       (4) Current eligibility rules for public assistance and 
     unenforceable financial support agreements have proved 
     incapable of assuring that individual aliens do not burden 
     the public benefits system.
       (5) It is a compelling government interest to enact new 
     rules for eligibility and sponsorship agreements in order to 
     assure that aliens are self-reliant in accordance with 
     national immigration policy.
       (6) It is a compelling government interest to remove the 
     incentive for illegal immigration provided by the 
     availability of public benefits.
       (b) Sense of Congress.--
       (1) In general.--With respect to the authority of a State 
     to make determinations concerning the eligibility of aliens 
     for public benefits, it is the sense of the Congress that a 
     court should apply the same standard of review to an 
     applicable State law as that court uses in determining 
     whether an Act of Congress regulating the eligibility of 
     aliens for public benefits meets constitutional scrutiny.
       (2) Strict scrutiny.--In cases where a court holds that a 
     State law determining the eligibility of aliens for public 
     benefits must be the least restrictive means available for 
     achieving a compelling government interest, a State that 
     chooses to follow the Federal classification in determining 
     the eligibility of aliens for public benefits, pursuant to 
     the authorization contained in this title, shall be 
     considered to have chosen the least restrictive means 
     available for achieving the compelling government interest of 
     assuring that aliens are self-reliant in accordance with 
     national immigration policy.
 Subtitle A--Ineligibility of Excludable Deportable, and Nonimmigrant 
               Aliens From Public Assistance and Benefits

     SEC. 501. MEANS-TESTED PUBLIC BENEFITS.

       (a) In general.--Except as provided in subsection (b), and 
     notwithstanding any other provision of law, an ineligible 
     alien (as defined in subsection (d)) shall not be eligible to 
     receive any means-tested public benefits (as defined in 
     subsection (e)).
       (b) Exceptions.--Subsection (a) shall not apply to any of 
     the following benefits:
       (1)(A) Medical assistance under title XIX of the Social 
     Security Act (or any successor program to such title) for 
     care and services that are necessary for the treatment of an 
     emergency medical condition of the alien involved and are not 
     related to an organ transplant procedure.
       (B) For purposes of this paragraph, the term ``emergency 
     medical condition'' means a medical condition (including 
     emergency labor and delivery) manifesting itself by acute 
     symptoms of sufficient severity (including severe pain) such 
     that the absence of immediate medical attention could 
     reasonably be expected to result in--
       (i) placing the patient's health in serious jeopardy,
       (ii) serious impairment to bodily functions, or
       (iii) serious dysfunction of any bodily organ or part.
       (2) Short-term noncash emergency disaster relief.
       (3) Assistance or benefits under any of the following 
     (including any successor program to any of the following as 
     identified by the Attorney General in consultation with other 
     appropriate officials):
       (A) The National School Lunch Act (42 U.S.C. 1751 et seq.).
       (B) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
     seq.).
       (C) Section 4 of the Agriculture and Consumer Protection 
     Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note).
       (D) The Emergency Food Assistance Act of 1983 (Public Law 
     98-8; 7 U.S.C. 612c note).
       (E) Section 110 of the Hunger Prevention Act of 1988 
     (Public Law 100-435; 7 U.S.C. 612c note).
       (F) The food distribution program on Indian reservations 
     established under section 4(b) of Public Law 88-525 (7 U.S.C. 
     2013(b)).
       (4) 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 any such diseases 
     (which may not include treatment for HIV infection or 
     acquired immune deficiency syndrome).
       (5) Such other in-kind service or noncash 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 
     appropriate government agencies, if--
       (A) such service or assistance is delivered at the 
     community level, including through public or private 
     nonprofit agencies;
       (B) such service or assistance is necessary for the 
     protection of life, safety, or public health; and
       (C) such service or assistance or the amount or cost of 
     such service or assistance is not conditioned on the 
     recipient's income or resources.
       (6) Benefits under laws administered by the Secretary of 
     Veterans Affairs and any other benefit available by reason of 
     service in the United States Armed Forces.
       (c) Eligible Alien Defined.--For the purposes of this 
     section--
       (1) In general.--The term ``eligible alien'' means an 
     alien--
       (A) who is an alien lawfully admitted for permanent 
     residence under the Immigration and Nationality Act,
       (B) who is an alien granted asylum under section 208 of 
     such Act,
       (C) who is an alien admitted as a refugee under section 207 
     of such Act,
       (D) whose deportation has been withheld under section 
     241(b)(3) of such Act (as amended by section 305(a)(3)), or
       (E) who is paroled into the United States under section 
     212(d)(5) of such Act for a period of at least 1 year, but 
     only for the first year of such parole.
       (2) Inclusion of certain battered aliens.--Such term 
     includes--
       (A) 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 to, or 
     acquiesced in, such battery or cruelty, but only if (in the 
     opinion of the Attorney General, which opinion is not subject 
     to review by any court) there is a substantial connection 
     between such battery or cruelty and the need for the benefits 
     to be provided; and
       (ii) has been approved or has a petition pending which sets 
     forth a prima facie case 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,
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or
       (IV) status as a spouse or child of a United States citizen 
     pursuant to clause (i) of section 204(a)(1)(A) of such Act, 
     or classification pursuant to clause (i) of section 
     204(a)(1)(B) of such Act; or

       (B) an alien--
       (i) whose child 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 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, but only if (in the opinion of the 
     Attorney General, which opinion is not subject to review by 
     any court) there is a substantial connection between such 
     battery or cruelty and the need for the benefits to be 
     provided; and
       (ii) who meets the requirement of clause (ii) of 
     subparagraph (A).


[[Page H10875]]


     Such term shall not apply to an alien during any period in 
     which the individual responsible for such battery or cruelty 
     resides in the same household or family eligibility unit as 
     the individual subjected to such battery or cruelty.
       (d) Ineligible Alien Defined.--For purposes of this 
     section, the term ``ineligible alien'' means an individual 
     who is not--
       (1) a citizen or national of the United States; or
       (2) an eligible alien.
       (e) Means-Tested Public Benefit.--For purposes of this 
     section, the term ``means-tested public benefit'' means any 
     public benefit (including cash, medical, housing, food, and 
     social services) provided or funded in whole or in part by 
     the Federal Government, or by a State or political 
     subdivision of a State, in which the eligibility of an 
     individual, household, or family eligibility unit for the 
     benefit or the amount of the benefit, or both, are determined 
     on the basis of income, resources, or financial need of the 
     individual, household, or unit.
       (f) Effective Date.--
       (1) In general.--This section shall apply to benefits 
     provided on or after such date as the Attorney General 
     specifies in regulations under paragraph (2). Such date shall 
     be at least 30 days, and not more than 60 days, after the 
     date the Attorney General first issues such regulations.
       (2) Regulations.--The Attorney General (in consultation 
     with the heads of other appropriate agencies) shall first 
     issue regulations to carry out this section not later than 
     180 days after the date of the enactment of this Act. Such 
     regulations shall be effective on an interim basis, pending 
     change after opportunity for public comment.
       (3) Waiver authority.--The Attorney General is authorized 
     to waive any provision of this section in the case of 
     applications pending on the effective date of such provision.

     SEC. 502. GRANTS, CONTRACTS, AND LICENSES.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, an ineligible 
     alien (as defined in section 501(d)) shall not be eligible 
     for any grant, contract, loan, professional license, driver's 
     license, or commercial license provided or funded by any 
     agency of the United States or any State or political 
     subdivision of a State.
       (b) Exceptions.--
       (1) Nonimmigrant alien authorized to work in the United 
     States.--Subsection (a) shall not apply to an alien in lawful 
     nonimmigrant status who is authorized to work in the United 
     States with respect to the following:
       (A) Any professional or commercial license required to 
     engage in such work.
       (B) Any contract.
       (C) A driver's license.
       (2) Nonimmigrant alien.--Subsection (a) shall not apply to 
     an alien in lawful nonimmigrant status with respect to a 
     driver's license.
       (3) Alien outside the united states.--Subsection (a) shall 
     not apply to an alien who is outside of the United States 
     with respect to any contract.
       (c) Effective Date.--
       (1) In general.--This section shall apply to contracts or 
     loan agreements entered into, and professional, commercial, 
     and driver's licenses issued (or renewed), on or after such 
     date as the Attorney General specifies in regulations under 
     paragraph (2). Such date shall be at least 30 days, and not 
     more than 60 days, after the date the Attorney General first 
     issues such regulations.
       (2) Regulations.--The Attorney General (in consultation 
     with the heads of other appropriate agencies) shall first 
     issue regulations to carry out this section not later than 
     180 days after the date of the enactment of this Act. Such 
     regulations shall be effective on an interim basis, pending 
     change after opportunity for public comment.
       (3) Waiver authority.--The Attorney General is authorized 
     to waive any provision of this section in the case of 
     applications pending on the effective date of such provision.

     SEC. 503. UNEMPLOYMENT BENEFITS.

       (a) Elimination of Crediting Employment Merely on Basis of 
     PRUCOL Status.--Section 3304(a)(14)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``, was lawfully'' and inserting ``or was 
     lawfully'', and
       (2) by striking ``, or was permanently'' and all that 
     follows up to the comma at the end.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to certifications of States for 1998 
     and subsequent years, or for 1999 and subsequent years in the 
     case of States the legislatures of which do not meet in a 
     regular session which closes in the calendar year 1997.
       (c) Report.--The Secretary of Labor, in consultation with 
     the Attorney General, shall provide for a study of the impact 
     of limiting eligibility for unemployment compensation only to 
     individuals who are citizens or nationals of the United 
     States or eligible aliens (as defined in section 501(c)). Not 
     later than 2 years after the date of the enactment of this 
     Act, the Secretary shall submit a report on such study to the 
     Committee on the Judiciary and the Committee on Labor and 
     Human Resources of the Senate and the Committee on the 
     Judiciary and the Committee on Economic and Educational 
     Opportunities of the House of Representatives.

     SEC. 504. SOCIAL SECURITY BENEFITS.

       (a) Ineligibility of Aliens Not Lawfully Present for Social 
     Security Benefits.--
       (1) In general.--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) Notwithstanding any other provision of law, 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) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to benefits for which applications 
     are filed on or after the first day of the first month that 
     begins at least 60 days after the date of the enactment of 
     this Act.
       (b) No Crediting for Unauthorized Employment.--
       (1) In general.--Section 210 of such Act (42 U.S.C. 410) is 
     amended by adding at the end the following new subsection:

             ``Demonstration of Required Citizenship Status

       ``(s) For purposes of this title, service performed by an 
     individual in the United States shall constitute `employment' 
     only if it is demonstrated to the satisfaction of the 
     Commissioner of Social Security that such service was 
     performed by such individual while such individual was a 
     citizen, a national, a permanent resident, or otherwise 
     authorized to be employed in the United States in such 
     service.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to services performed after December 
     31, 1996.
       (c) Trade or Business.--
       (1) In general.--Section 211 of such Act (42 U.S.C. 411) is 
     amended by adding at the end the following new subsection:

             ``Demonstration of Required Citizenship Status

       ``(j) For purposes of this title, a trade or business (as 
     defined in subsection (c)) carried on in the United States by 
     any individual shall constitute a `trade or business' only if 
     it is demonstrated to the satisfaction of the Commissioner of 
     Social Security that such trade or business (as so defined) 
     was carried on by such individual while such individual was a 
     citizen, a national, a permanent resident, or otherwise 
     lawfully present in the United States carrying on such trade 
     or business.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to any trade or business carried on 
     after December 31, 1996.
       (d) Construction.--Nothing in the amendments made by this 
     section shall be construed to affect the application of 
     chapter 2 or chapter 21 of the Internal Revenue Code of 1986.

     SEC. 505. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC 
                   ASSISTANCE.

       (a) Revision of SAVE Program.--
       (1) In general.--Paragraph (2) of section 1137(d) of the 
     Social Security Act (42 U.S.C. 1320b-7(d)) is amended to read 
     as follows:
       ``(2) There must be presented the item (or items) described 
     in one of the following subparagraphs for that individual:
       ``(A) A United States passport (either current or expired 
     if issued both within the previous 12 years and after the 
     individual attained 18 years of age).
       ``(B) A resident alien card or an alien registration card, 
     if the card (i) contains a photograph of the individual and 
     (ii) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(C) A driver's license or similar document issued for the 
     purpose of identification by a State, if it contains a 
     photograph of the individual.
       ``(D) If the individual attests to being a citizen or 
     national of the United States and that the individual does 
     not have other documentation under this paragraph (under 
     penalty of perjury), such other documents or evidence that 
     identify the individual as the Attorney General may designate 
     as constituting reasonable evidence indicating United States 
     citizenship or nationality.''.
       (2) Temporary eligibility for benefits.--Section 1137(d) of 
     such Act is further amended by adding after paragraph (5) the 
     following new paragraph (6):
       ``(6) If at the time of application for benefits, the 
     documentation under paragraph (2) is not presented or 
     verified, such benefits may be provided to the applicant for 
     not more than 2 months, if--
       ``(A) the applicant provides a written attestation (under 
     penalty of perjury) that the applicant is a citizen or 
     national of the United States, or
       ``(B) the applicant provides documentation certified by the 
     Department of State or the Department of Justice, which the 
     Attorney General determines constitutes reasonable evidence 
     indicating satisfactory immigration status.''.
       (3) Conforming amendments.--Section 1137(d) of such Act is 
     further amended in paragraph (3), by striking ``(2)(A) is 
     presented'' and inserting ``(2)(B) is presented and contains 
     the individual's alien admission number or alien file number 
     (or numbers if the individual has more than one number)''.
       (b) SSI.--Section 1631(e) of such Act (42 U.S.C. 
     1383(e)(7)) is amended by adding at the end the following new 
     paragraph:
       ``(8) The Commissioner of Social Security shall provide for 
     the application under this title of rules similar to the 
     requirements of section 1137(d), insofar as they apply to the 
     verification of immigration or citizenship status for 
     eligibility for supplemental security income benefits under 
     this title.''.
       (c) Effective Date.--
       (1) In general.--This section shall apply to application 
     for benefits filed on or after such date as the Attorney 
     General specifies in regulations under paragraph (2). Such 
     date shall be at least 60 days, and not more than 90 days, 
     after the date the Attorney General first issues such 
     regulations.
       (2) Regulations.--The Attorney General (in consultation 
     with the heads of other appropriate agencies) shall first 
     issue regulations to carry out this section (and the 
     amendments made by this section) not later than 180 days 
     after the date of the enactment of this Act. Such regulations 
     shall be effective on an interim

[[Page H10876]]

     basis, pending change after opportunity for public comment.

     SEC. 506. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF 
                   ELIGIBILITY FOR STATE PROGRAMS.

       (a) In General.--In carrying out this title (and the 
     amendments made by this title), subject to section 510, a 
     State or political subdivision is authorized to require an 
     applicant for benefits under a program of a State or 
     political subdivision to provide proof of eligibility 
     consistent with the provisions of this title.
       (b) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL 
                   TREATMENT OF ALIENS NOT LAWFULLY PRESENT ON 
                   BASIS OF RESIDENCE FOR HIGHER EDUCATION 
                   BENEFITS.

       (a) In General.--Notwithstanding any other provision of 
     law, an alien who is not lawfully present in the United 
     States shall not be eligible on the basis of residence within 
     a State (or a political subdivision) for any postsecondary 
     education benefit unless a citizen or national of the United 
     States is eligible for such a benefit (in no less an amount, 
     duration, and scope) without regard to whether the citizen or 
     national is such a resident.
       (b) Effective Date.--This section shall apply to benefits 
     provided on or after July 1, 1998.

     SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR 
                   POSTSECONDARY FEDERAL STUDENT FINANCIAL 
                   ASSISTANCE.

       (a) In General.--No student shall be eligible for 
     postsecondary Federal student financial assistance unless--
       (1) the student has certified that the student is a citizen 
     or national of the United States or an alien lawfully 
     admitted for permanent residence, and
       (2) the Secretary of Education has verified such 
     certification.
       (b) Report Requirement.--
       (1) In general.--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 
     appropriate committees of 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.
       (2) Report elements.--The report under paragraph (1) shall 
     include the following:
       (A) An assessment by the Secretary and the Commissioner of 
     the effectiveness of the computer matching program, and a 
     justification for such assessment.
       (B) The ratio of successful matches under the program to 
     inaccurate matches.
       (C) Such other information as the Secretary and the 
     Commissioner jointly consider appropriate.
       (3) Appropriate committees of the Congress.--For purposes 
     of this subsection the term ``appropriate committees of the 
     Congress'' means the Committee on Economic and Educational 
     Opportunities and the Committee on the Judiciary of the House 
     of Representatives and the Committee on Labor and Human 
     Resources and the Committee on the Judiciary of the Senate.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 509. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF 
                   SOCIAL SECURITY AND HIGHER EDUCATIONAL 
                   ASSISTANCE.

       (a) Social Security Act State Income and Eligibility 
     Verification Systems.--Section 1137(d)(4)(B)(i)) of the 
     Social Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is 
     amended to read as follows:
       ``(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,''.
       (b) Eligibility for Assistance Under Higher Education Act 
     of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act 
     of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as 
     follows:
       ``(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. 510. NO VERIFICATION REQUIREMENT FOR NONPROFIT 
                   CHARITABLE ORGANIZATIONS.

       (a) In General.--Subject to subsection (b), and 
     notwithstanding any other provision of this title, a 
     nonprofit charitable organization, in providing any means-
     tested public benefit (as defined in section 501(e), but not 
     including any hospital benefit, as defined by the Attorney 
     General in consultation with Secretary of Health and Human 
     Services) is not required to determine, verify, or otherwise 
     require proof of eligibility of any applicant for such 
     benefits.
       (b) Requirement of State or Federal Determination of 
     Eligibility.--
       (1) In General.--Except as provided in paragraph (3), in 
     order for a nonprofit charitable organization to provide to 
     an applicant any means-tested public benefit, the 
     organization shall obtain the following:
       (A) In the case of a citizen or national of the United 
     States, a written attestation (under penalty of perjury) that 
     the applicant is a citizen or national of the United States.
       (B) In the case of an alien and subject to paragraph (2), 
     written verification, from an appropriate State or Federal 
     agency, of the applicant's eligibility for assistance or 
     benefits and the amount of assistance or benefits for which 
     the applicant is eligible.
       (2) No notification within 10 days.--If the organization is 
     not notified within 10 business days after a request of an 
     appropriate State or Federal agency for verification under 
     paragraph (1)(B), the requirement under paragraph (1) shall 
     not apply to any means-tested public benefit provided to such 
     applicant by the organization until 30 calendar days after 
     such notification is received.
       (3) Limitations.--
       (A) Private funds.--The requirement under paragraph (1) 
     shall not apply to assistance or benefits provided through 
     private funds.
       (B) Section 501 excepted benefits.--The requirement under 
     paragraph (1) shall not apply to assistance or benefits 
     described in section 501(b) which are not subject to the 
     limitations of section 501(a).
       (4) Administration.--
       (A) In general.--The Attorney General shall through 
     regulation provide for an appropriate procedure for the 
     verification required under paragraph (1)(B).
       (B) Time period for response.-- The appropriate State or 
     Federal agencies shall provide for a response to a request 
     for verification under paragraph (1)(B) of an applicant's 
     eligibility under section 501(a) of this title and the amount 
     of eligibility under section 552 (or comparable provisions of 
     State law as authorized under section 553 or 554) not later 
     than 10 business days after the date the request is made.
       (C) Recordkeeping.--If the Attorney General determines that 
     recordkeeping is required for the purposes of this section, 
     the Attorney General may require that such a record be 
     maintained for not more than 90 days.

     SEC. 511. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC 
                   BENEFITS TO INELIGIBLE ALIENS ON BEHALF OF 
                   ELIGIBLE INDIVIDUALS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to the Committees on the Judiciary of the House of 
     Representatives and of the Senate and to the Inspector 
     General of the Department of Justice a report on the extent 
     to which means-tested public benefits are being paid or 
     provided to ineligible aliens in order to provide such 
     benefits to individuals who are United States citizens or 
     eligible aliens. Such report shall address the locations in 
     which such benefits are provided and the incidence of fraud 
     or misrepresentation in connection with the provision of such 
     benefits.
       (b) Definitions.--The terms ``eligible alien'', 
     ``ineligible alien'', and ``means-tested public benefits'' 
     have the meanings given such terms in section 501.
Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

     SEC. 531. GROUND FOR EXCLUSION.

       (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 
     1182(a)) is amended to read as follows:
       ``(4) Public charge.--
       ``(A) In general.--Any alien who, in the opinion of the 
     consular officer at the time of application for a visa, or in 
     the opinion of the Attorney General at the time of 
     application for admission or adjustment of status, is likely 
     at any time to become a public charge is excludable.
       ``(B) Factors to be taken into account.--(i) In determining 
     whether an alien is excludable under this paragraph, the 
     consular officer or the Attorney General shall at a minimum 
     consider the alien's--
       ``(I) age;
       ``(II) health;
       ``(III) family status;
       ``(IV) assets, resources, and financial status; and
       ``(V) education and skills.
       ``(ii) In addition to the factors under clause (i), the 
     consular officer or the Attorney General may also consider 
     any affidavit of support under section 213A for purposes of 
     exclusion under this paragraph.
       ``(C) Family-sponsored immigrants.--Any alien who seeks 
     admission or adjustment of status under a visa number issued 
     under section 201(b)(2) or 203(a) is excludable under this 
     paragraph unless--
       ``(i) the alien has obtained--

       ``(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), or
       ``(II) classification pursuant to clause (ii) or (iii) of 
     section 204(a)(1)(B); or

       ``(ii) the person petitioning for the alien's admission 
     (including any additional sponsor required under section 
     213A(g)) has executed an affidavit of support described in 
     section 213A with respect to such alien.
       ``(D) Certain employment-based immigrants.--Any alien who 
     seeks admission or adjustment of status under a visa number 
     issued under section 203(b) by virtue of a classification 
     petition filed by a relative of the alien (or by an entity in 
     which such relative has a significant ownership interest) is 
     excludable under this paragraph unless such relative has 
     executed an affidavit of support described in section 213A 
     with respect to such alien.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to applications submitted on or after such date, 
     not earlier than 30 days and not later than 60 days after the 
     date the Attorney General promulgates under section 551(e) a 
     standard form for an affidavit of support, as the Attorney 
     General shall specify, but subparagraphs (C) and (D) of 
     section 212(a)(4) of the Immigration and Nationality Act, as 
     so amended, shall not apply to applications with respect to 
     which an official interview with an immigration officer was 
     conducted before such effective date.

     SEC. 532. GROUND FOR DEPORTATION.

       (a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is 
     amended to read as follows:
       ``(5) Public charge.--
       ``(A) In general.--
       ``(i) Except as provided in subparagraph (B), an immigrant 
     who during the public charge period becomes a public charge, 
     regardless of when

[[Page H10877]]

     the cause for becoming a public charge arises, is deportable.
       ``(ii) The immigrant shall be subject to deportation under 
     this paragraph only if the deportation proceeding is 
     initiated not later than the end of the 7-year period 
     beginning on the last date the immigrant receives a benefit 
     described in subparagraph (D) during the public charge 
     period.
       ``(B) Exceptions.--Subparagraph (A) shall not apply--
       ``(i) to an alien granted asylum under section 208;
       ``(ii) to an alien admitted as a refugee under section 207; 
     or
       ``(iii) 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 was a mental 
     disability that required continuous institutionalization.

       ``(C) Definitions.--
       ``(i) Public charge period.--For purposes of subparagraph 
     (A), the term `public charge period' means the period ending 
     7 years after the date on which the alien attains the status 
     of an alien lawfully admitted for permanent residence (or 
     attains such status on a conditional basis).
       ``(ii) Public charge.--For purposes of subparagraph (A), 
     the term `public charge' includes any alien who receives 
     benefits described in subparagraph (D) for an aggregate 
     period of at least 12 months or 36 months in the case of an 
     alien described in subparagraph (E).
       ``(D) Benefits described.--
       ``(i) In general.--Subject to clause (ii), the benefits 
     described in this subparagraph are means-tested public 
     benefits defined under section 213A(e)(1).
       ``(ii) Exceptions.--Benefits described in this subparagraph 
     shall not include the following:

       ``(I) Any benefits to which the exceptions described in 
     section 213A(e)(2) apply.
       ``(II) Emergency medical assistance (as defined in 
     subparagraph (F)).
       ``(III) Payments for foster care and adoption assistance 
     under parts B and E of title IV of the Social Security Act 
     made on the child's behalf under such part.
       ``(IV) Benefits under laws administered by the Secretary of 
     Veterans Affairs and any other benefit available by reason of 
     service in the United States Armed Forces.
       ``(V) Benefits under the Head Start Act.
       ``(VI) Benefits under the Job Training Partnership Act.
       ``(VII) Benefits under any English as a second language 
     program.

       ``(iii) Successor programs.--Benefits described in this 
     subparagraph shall include any benefits provided under any 
     successor program as identified by the Attorney General in 
     consultation with other appropriate officials.
       ``(E) Special rule for battered spouse and child.--Subject 
     to the second sentence of this subparagraph, an alien is 
     described under this subparagraph if the alien demonstrates 
     that--
       ``(i)(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 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;
       ``(ii) the need for benefits described in subparagraph (D) 
     beyond an aggregate period of 12 months has a substantial 
     connection to the battery or cruelty described in clause (i); 
     and
       ``(iii) any battery or cruelty under clause (i) has been 
     recognized in an order of a judge or an administrative law 
     judge or a prior determination of the Service.

     An alien shall not be considered to be described under this 
     subparagraph during any period in which the individual 
     responsible for such battery or cruelty resides in the same 
     household or family eligibility unit as the individual 
     subjected to such battery or cruelty.
       ``(F) Emergency medical assistance.--
       ``(i) In general.--For purposes of subparagraph 
     (C)(ii)(II), the term `emergency medical assistance' means 
     medical assistance under title XIX of the Social Security Act 
     (or any successor program to such title) for care and 
     services that are necessary for the treatment of an emergency 
     medical condition of the alien involved and are not related 
     to an organ transplant procedure.
       ``(ii) Emergency medical condition defined.--For purposes 
     of this subparagraph, the term `emergency medical condition' 
     means a medical condition (including emergency labor and 
     delivery) manifesting itself by acute symptoms of sufficient 
     severity (including severe pain) such that the absence of 
     immediate medical attention could reasonably be expected to 
     result in--
       ``(I) placing the patient's health in serious jeopardy,
       ``(II) serious impairment to bodily functions, or
       ``(III) serious dysfunction of any bodily organ or part.''.
       (b) Exclusion and Deportation of Nonimmigrants Committing 
     Fraud or Misrepresentation in Obtaining Benefits.--
       (1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C. 
     1182(a)(6)(C)), as amended by section 344(a), is amended--
       (A) by redesignating clause (iii) as clause (iv), and
       (B) by inserting after clause (ii) the following clause 
     (iii):
       ``(iii) Nonimmigrant public benefit recipients.--Any alien 
     who was admitted as a nonimmigrant and who has obtained 
     benefits for which the alien was ineligible, through fraud or 
     misrepresentation, under Federal law is excludable for a 
     period of 5 years from the date of the alien's departure from 
     the United States.''.
       (2) Deportation.--Section 241(a)(1)(C) (8 U.S.C. 
     1251(a)(1)(C)) is amended by adding after clause (ii) the 
     following:
       ``(iii) Nonimmigrant public benefit recipients.--Any alien 
     who was admitted as a nonimmigrant and who has obtained 
     through fraud or misrepresentation benefits for which the 
     alien was ineligible under Federal law is deportable.''.
       (c) Ineligibility to Naturalization for Aliens Deportable 
     As Public Charge.--
       (1) In general.--Chapter 2 of title III of the Act is 
     amended by inserting after section 315 the following new 
     section:``


ineligibility to naturalization for persons deportable as public charge

       ``Sec. 315A. (a) A person shall not be naturalized if the 
     person is deportable as a public charge under section 
     241(a)(5).
       ``(b) An applicant for naturalization shall provide a 
     written attestation, under penalty of perjury, as part of the 
     application for naturalization that the applicant is not 
     deportable as a public charge under section 241(a)(5) to the 
     best of the applicant's knowledge.
       ``(c) The Attorney General shall make a determination that 
     each applicant for naturalization is not deportable as a 
     public charge under section 241(a)(5).''.
       (2) Clerical amendment.--The table of contents is amended 
     by inserting after the item relating to section 315 the 
     following:

``Sec. 315A.  Ineligibility to naturalization for persons deportable as 
              public charge''.

       (d) Effective Dates.--
       (1) Subsection (a).--
       (A) In general.--Except as provided in this paragraph, the 
     amendment made by subsection (a) shall apply only to aliens 
     who obtain the status of an alien lawfully admitted for 
     permanent residence more than 30 days after the date of the 
     enactment of this Act.
       (B) Application to current aliens.--Such amendments shall 
     apply also to aliens who obtained the status of an alien 
     lawfully admitted for permanent residence less than 30 days 
     after the date of the enactment of this Act, but only with 
     respect to benefits received after the 1-year period 
     beginning on the date of enactment and benefits received 
     before such period shall not be taken into account.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to fraud or misrepresentation committed 
     before, on, or after such date.
       (3) Subsection (c).--The amendments made by subsection (c) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to applications submitted on or after 30 days 
     after the date of the enactment of this Act.
      Subtitle C--Affidavits of Support and Attribution of Income

     SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

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


           ``requirements for sponsor's affidavit of support

       ``Sec. 213A. (a) Enforceability.--
       ``(1) Terms of affidavit.--No affidavit of support may be 
     accepted 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) unless such affidavit is 
     executed by a sponsor of the alien as a contract--
       ``(A) in which the sponsor agrees to provide support to 
     maintain the sponsored alien at an annual income that is not 
     less than the appropriate percentage (applicable to the 
     sponsor under subsection (g)) of the Federal poverty line 
     during the period in which the affidavit is enforceable;
       ``(B) that is legally enforceable against the sponsor by 
     the sponsored alien, the Federal Government, any State (or 
     any political subdivision of such State), or by any other 
     entity that provides any means-tested public benefit (as 
     defined in subsection (e)), consistent with the provisions of 
     this section; 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 (b)(2).
       ``(2) Period of enforceability.--An affidavit of support 
     shall be enforceable with respect to benefits provided for an 
     alien before the date the alien is naturalized as a citizen 
     of the United States, or, if earlier, the termination date 
     provided under paragraph (3).
       ``(3) Termination of period of enforceability upon 
     completion of required period of employment, etc.--
       ``(A) In general.--An affidavit of support is not 
     enforceable on or after the first day of a year if it is 
     demonstrated to the satisfaction of the Attorney General that 
     the sponsored alien may be credited with an aggregate of 40 
     qualifying quarters under this paragraph for previous years.
       ``(B) Qualifying quarter defined.--For purposes this 
     paragraph, the term `qualifying quarter' means a qualifying 
     quarter of coverage under title II of the Social Security Act 
     in which the sponsored alien--
       ``(i) has 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; and

[[Page H10878]]

       ``(ii) has not received any means-tested public benefit.
       ``(C) Crediting for dependents and spouses.--For purposes 
     of this paragraph, in determining the number of qualifying 
     quarters for which a sponsored alien has worked for purposes 
     of subparagraph (A), a sponsored alien not meeting the 
     requirement of subparagraph (B)(i) for any quarter shall be 
     treated as meeting such requirements if--
       ``(i) their spouse met such requirement for such quarter 
     and they filed a joint income tax return covering such 
     quarter; or
       ``(ii) the individual who claimed such sponsored alien as a 
     dependent on an income tax return covering such quarter met 
     such requirement for such quarter.
       ``(D) Provision of information to save system.--The 
     Attorney General shall ensure that appropriate information 
     regarding the application of this paragraph is provided to 
     the system for alien verification of eligibility (SAVE) 
     described in section 1137(d)(3) of the Social Security Act 
     (42 U.S.C. 1320b-7(d)(3)).
       ``(b) Reimbursement of Government Expenses.--
       ``(1) Request for reimbursement.--
       ``(A) Requirement.--Upon notification that a sponsored 
     alien has received any means-tested public benefit, the 
     appropriate nongovernmental entity which provided such 
     benefit or the appropriate entity of the Federal Government, 
     a State, or any political subdivision of a State shall 
     request reimbursement by the sponsor in an amount which is 
     equal to the unreimbursed costs of such benefit.
       ``(B) Regulations.--The Attorney General, in consultation 
     with the heads of other appropriate Federal agencies, shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A).
       ``(2) Actions to compel reimbursement.--
       ``(A) In case of nonresponse.--If within 45 days after a 
     request for reimbursement under paragraph (1)(A), the 
     appropriate entity has not received a response from the 
     sponsor indicating a willingness to commence payment an 
     action may be brought against the sponsor pursuant to the 
     affidavit of support.
       ``(B) In case of failure to pay.--If the sponsor fails to 
     abide by the repayment terms established by the appropriate 
     entity, the entity may bring an action against the sponsor 
     pursuant to the affidavit of support.
       ``(C) Limitation on actions.--No cause of action may be 
     brought under this paragraph later than 10 years after the 
     date on which the sponsored alien last received any means-
     tested public benefit to which the affidavit of support 
     applies.
       ``(3) Use of collection agencies.--If the appropriate 
     entity under paragraph (1)(A) requests reimbursement from the 
     sponsor or brings an action against the sponsor pursuant to 
     the affidavit of support, the appropriate entity may appoint 
     or hire an individual or other person to act on behalf of 
     such entity acting under the authority of law for purposes of 
     collecting any amounts owed.
       ``(c) Remedies.--Remedies available to enforce an affidavit 
     of support under this section include any or all of the 
     remedies described in section 3201, 3203, 3204, or 3205 of 
     title 28, United States Code, as well as an order for 
     specific performance and payment of legal fees and other 
     costs of collection, and include corresponding remedies 
     available under State law. A Federal agency may seek to 
     collect amounts owed under this section in accordance with 
     the provisions of subchapter II of chapter 37 of title 31, 
     United States Code.
       ``(d) Notification of Change of Address.--
       ``(1) General requirement.--The sponsor shall notify the 
     Attorney General and the State in which the sponsored alien 
     is currently a resident within 30 days of any change of 
     address of the sponsor during the period in which an 
     affidavit of support is enforceable.
       ``(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 alien has received any benefit described in section 
     241(a)(5)(D) not less than $2,000 or more than $5,000.
     The Attorney General shall enforce this paragraph under 
     appropriate regulations.
       ``(e) Means-Tested Public Benefit.--
       ``(1) In general.--Subject to paragraph (2), the term 
     `means-tested public benefit' means any public benefit 
     (including cash, medical, housing, food, and social services) 
     provided or funded in whole or in part by the Federal 
     Government, or of a State or political subdivision of a 
     State, in which the eligibility of an individual, household, 
     or family eligibility unit for such benefit or the amount of 
     such benefit, or both are determined on the basis of income, 
     resources, or financial need of the individual, household, or 
     unit.
       ``(2) Exceptions.--Such term does not include the following 
     benefits:
       ``(A) Short-term noncash emergency disaster relief.
       ``(B) 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)).
       ``(C) 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 disease (which 
     may not include treatment for HIV infection or acquired 
     immune deficiency syndrome).
       ``(D) Benefits under programs of student assistance under 
     titles IV, V, IX, and X of the Higher Education Act of 1965 
     and titles III, VII, and VIII of the Public Health Service 
     Act.
       ``(E) Benefits under any means-tested programs under the 
     Elementary and Secondary Education Act of 1965.
       ``(F) Such other in-kind service or noncash 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.
       ``(f) Jurisdiction.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any appropriate court--
       ``(1) by a sponsored alien, with respect to financial 
     support; or
       ``(2) by the appropriate entity of the Federal Government, 
     a State or any political subdivision of a State, or by any 
     other nongovernmental entity under subsection (b)(2), with 
     respect to reimbursement.
       ``(g) Sponsor Defined.--
       ``(1) In general.--For purposes of this section the term 
     `sponsor' in relation to a sponsored alien means an 
     individual who executes an affidavit of support with respect 
     to the sponsored alien and who--
       ``(A) is a citizen or national of the United States or an 
     alien who is lawfully admitted to the United States for 
     permanent residence;
       ``(B) is 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;
       ``(D) is petitioning for the admission of the alien under 
     section 204; and
       ``(E) demonstrates (as provided in paragraph (6)) the means 
     to maintain an annual income equal to at least 200 percent of 
     the Federal poverty line (or in the case of an affidavit for 
     a spouse or minor child of the petitioner 140 percent of the 
     Federal poverty line).
       ``(2) Income requirement case.--Such term also includes an 
     individual who does not meet the requirement of paragraph 
     (1)(E) but demonstrates (as provided in paragraph (6)) the 
     means to maintain an annual income equal to at least 125 
     percent of the Federal poverty line and accepts joint and 
     several liability together with an individual under paragraph 
     (5).
       ``(3) Active duty armed services case.--Such term also 
     includes an individual who does not meet the requirement of 
     paragraph (1)(E) but is on active duty (other than active 
     duty for training) in the Armed Forces of the United States, 
     is petitioning for the admission of the alien under section 
     204 as the spouse or child of the individual, and 
     demonstrates (as provided in paragraph (6)) the means to 
     maintain an annual income equal to at least 100 percent of 
     the Federal poverty line.
       ``(4) Certain employment-based immigrants case.--Such term 
     also includes an individual--
       ``(A) who does not meet the requirement of paragraph 
     (1)(D), but is the relative of the sponsored alien who filed 
     a classification petition for the sponsored alien as an 
     employment-based immigrant under section 203(b) or who has a 
     significant ownership interest in the entity that filed such 
     a petition; and
       ``(B)(i) who demonstrates (as provided under paragraph (6)) 
     the means to maintain an annual income equal to at least 200 
     percent of the Federal poverty line (or in the case of an 
     affidavit for a spouse or minor child of the petitioner 140 
     percent of the Federal poverty line), or
       ``(ii) does not meet the requirement of paragraph (1)(E) 
     but demonstrates (as provided in paragraph (6)) the means to 
     maintain an annual income equal to at least 125 percent of 
     the Federal poverty line and accepts joint and several 
     liability together with an individual under paragraph (5).
       ``(5) Non-petitioning case.--Such term also includes an 
     individual who does not meet the requirement of paragraph 
     (1)(D) but who accepts joint and several liability with a 
     petitioning sponsor under paragraph (2) or relative of an 
     employment-based immigrant under paragraph (4) and who 
     demonstrates (as provided under paragraph (6)) the means to 
     maintain an annual income equal to at least 200 percent of 
     the Federal poverty line (or in the case of an affidavit for 
     a spouse or minor child of the petitioner 140 percent of the 
     Federal poverty line).
       ``(6) Demonstration of means to maintain income.--
       ``(A) In general.--
       ``(i) Method of demonstration.--For purposes of this 
     section, a demonstration of the means to maintain income 
     shall include provision of a certified copy of the 
     individual's Federal income tax return for the individual's 3 
     most recent taxable years and a written statement, executed 
     under oath or as permitted under penalty of perjury under 
     section 1746 of title 28, United States Code, that the copies 
     are certified copies of such returns.
       ``(ii) Percent of poverty.--For purposes of this section, a 
     reference to an annual income equal to at least a particular 
     percentage of the Federal poverty line means an annual income

[[Page H10879]]

     equal to at least such percentage of the Federal poverty line 
     for a family unit of a size equal to the number of members of 
     the sponsor's household (including family and non-family 
     dependents) plus the total number of other dependents and 
     aliens sponsored by that sponsor.
       ``(B) Limitation.--The Secretary of State, or the Attorney 
     General in the case of adjustment of status, may provide that 
     the demonstration under subparagraph (A) applies only to the 
     most recent taxable year.
       ``(h) Federal Poverty Line Defined.--For purposes of this 
     section, 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.
       ``(i) Sponsor's Social Security Account Number Required To 
     Be Provided.--(1) An affidavit of support shall include the 
     social security account number of each sponsor.
       ``(2) The Attorney General shall develop an automated 
     system to maintain the social security account number data 
     provided under paragraph (1).
       ``(3) The Attorney General shall submit an annual report to 
     the Committees on the Judiciary of the House of 
     Representatives and the Senate setting forth--
       ``(A) for the most recent fiscal year for which data are 
     available 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 such numbers with the numbers of such 
     sponsors for the preceding fiscal year.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 213 the 
     following:

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

       (c) Settlement of Claims Prior to Naturalization.--Section 
     316(a) (8 U.S.C. 1427(a)) is amended by striking ``and'' 
     before ``(3)'', and by inserting before the period at the end 
     the following: ``, and (4) in the case of an applicant that 
     has received assistance under a means-tested public benefits 
     program (as defined in subsection (e) of section 213A) and 
     with respect to which amounts are owing under an affidavit of 
     support executed under such section, provides satisfactory 
     evidence that there are no outstanding amounts that are owing 
     pursuant to such affidavit by any sponsor who executed such 
     affidavit''.
       (d) Effective Date; Promulgation of Form.--
       (1) In general.--The amendments made by this section shall 
     apply to affidavits of support executed on or after a date 
     specified by the Attorney General, which date shall be not 
     earlier than 60 days (and not later than 90 days) after the 
     date the Attorney General formulates the form for such 
     affidavits under paragraph (2).
       (2) Promulgation of form.--Not later than 90 days after the 
     date of the enactment of this Act, the Attorney General, in 
     consultation with the heads of other appropriate agencies, 
     shall promulgate a standard form for an affidavit of support 
     consistent with the provisions of section 213A of the 
     Immigration and Nationality Act.

     SEC. 552. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO 
                   SPONSORED IMMIGRANTS.

       (a) Deeming Requirement for Federal Means-Tested Public 
     Benefits.--Subject to subsections (d) and (h), for purposes 
     of determining the eligibility of an alien for any Federal 
     means-tested public benefit, and the amount of such benefit, 
     income and resources described in subsection (b) shall, 
     notwithstanding any other provision of law, be deemed to be 
     income and resources of such alien.
       (b) Deemed Income and Resources.--The income and resources 
     described in this subsection shall include the income and 
     resources of--
       (1) each sponsor under section 213A of the Immigration and 
     Nationality Act;
       (2) each 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 other than under section 213A with 
     respect to such alien, and
       (3) each sponsor's spouse.
       (c) Length of Deeming Period.--
       (1) In general.--Subject to paragraph (3), for an alien for 
     whom an affidavit of support under section 213A of the 
     Immigration and Nationality Act has been executed, the 
     requirement of subsection (a) shall apply until the alien is 
     naturalized as a citizen of the United States.
       (2) Special rule for outdated affidavit of support.--
     Subject to paragraph (3), for an alien for whom an affidavit 
     of support has been executed other than as required under 
     section 213A of the Immigration and Nationality Act, the 
     requirement of subsection (a) shall apply for a period of 5 
     years beginning on the day such alien was provided lawful 
     permanent resident status after the execution of such 
     affidavit or agreement, but in no case after the date of 
     naturalization of the alien.
       (3) Exception to general rule.--Subsection (a) shall not 
     apply and the period of attribution of a sponsor's income and 
     resources under this subsection with respect to an alien 
     shall terminate at such time as an affidavit of support of 
     such sponsor with respect to the alien becomes no longer 
     enforceable under section 213A(a)(3) of the Immigration and 
     Nationality Act.
       (4) Provision of information to save.--The Attorney General 
     shall ensure that appropriate information regarding 
     sponsorship and the operation of this section is provided to 
     the system for alien verification of eligibility (SAVE) 
     described in section 1137(d)(3) of the Social Security Act 
     (42 U.S.C. 1320b-7(d)(3)).
       (d) Exceptions.--
       (1) Indigence.--
       (A) In general.--For an alien for whom an affidavit of 
     support under section 213A of the Immigration and Nationality 
     Act has been executed, 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 beginning on the date of such 
     determination and ending 12 months after such date.
       (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. The agency shall notify 
     the Attorney General of each such determination, including 
     the names of the sponsor and the sponsored alien involved.
       (2) Excepted benefits.--The requirements of subsection (a) 
     shall not apply to the following:
       (A)(i) Medical assistance under title XIX of the Social 
     Security Act (or any successor program to such title) for 
     care and services that are necessary for the treatment of an 
     emergency medical condition of the alien involved and are not 
     related to an organ transplant procedure.
       (ii) For purposes of this subparagraph, the term 
     ``emergency medical condition'' means a medical condition 
     (including emergency labor and delivery) manifesting itself 
     by acute symptoms of sufficient severity (including severe 
     pain) such that the absence of immediate medical attention 
     could reasonably be expected to result in--
       (I) placing the patient's health in serious jeopardy,
       (II) serious impairment to bodily functions, or
       (III) serious dysfunction of any bodily organ or part.
       (B) Short-term noncash emergency disaster relief.
       (C) 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)).
       (D) 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 disease (which 
     may not include treatment for HIV infection or acquired 
     immune deficiency syndrome).
       (E) Benefits under programs of student assistance under 
     titles IV, V, IX, and X of the Higher Education Act of 1965 
     and titles III, VII, and VIII of the Public Health Service 
     Act.
       (F) Benefits under any means-tested programs under the 
     Elementary and Secondary Education Act of 1965.
       (G) Such other in-kind service or noncash 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.
       (e) Federal Means-Tested Public Benefit Defined.--The term 
     ``Federal means-tested public benefit'' means any public 
     benefit (including cash, medical, housing, and food 
     assistance and social services) provided or funded in whole 
     or in part by the Federal Government in which the eligibility 
     of an individual, household, or family eligibility unit for 
     the benefit, or the amount of the benefit, or both are 
     determined on the basis of income, resources, or financial 
     need of the individual, household, or unit.
       (f) Special Rule for Battered Spouse and Child.--
       (1) In general.--Subject to paragraph (2) and 
     notwithstanding any other provision of this section, 
     subsection (a) shall not apply to benefits--
       (A) during a 12 month period if the alien demonstrates 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 to 
     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 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) (in the 
     opinion of the agency providing such public benefits, which 
     opinion is not subject to review by any court) has a 
     substantial connection to the need for the public benefits 
     applied for; and

[[Page H10880]]

       (B) after a 12 month period (regarding the batterer's 
     income and resources only) if the alien demonstrates that 
     such battery or cruelty under subparagraph (A) has been 
     recognized in an order of a judge or administrative law judge 
     or a prior determination of the Immigration and 
     Naturalization Service, and that such battery or cruelty (in 
     the opinion of the agency providing such public benefits, 
     which opinion is not subject to review by any court) has a 
     substantial connection to the need for the benefits.
       (2) Limitation.--The exception under paragraph (1) shall 
     not apply to benefits for an alien during any period in which 
     the individual responsible for such battery or cruelty 
     resides in the same household or family eligibility unit as 
     the individual who was subjected to such battery or cruelty.
       (g) Application.--
       (1) In general.--The provisions of this section shall apply 
     with respect to determinations of eligibility and amount of 
     benefits for individuals for whom an application is filed on 
     or after the first day of the first month beginning more than 
     60 days after the date of the enactment of this Act.
       (2) Redeterminations.--This section shall apply with 
     respect to any redetermination of eligibility and amount of 
     benefits occurring on or after the date determined under 
     paragraph (1).
       (h) No Deeming Requirement for Nonprofit Charitable 
     Organizations.--A nonprofit charitable organization operating 
     any Federal means-tested public benefit program is not 
     required to deem that the income or assets of any applicant 
     for any benefit or assistance under such program include the 
     income or assets described in subsection (b).

     SEC. 553. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES 
                   AUTHORITY FOR STATE AND LOCAL GOVERNMENTS.

       (a) In General.--Subject to subsection (b) and 
     notwithstanding any other provision of law, a State or 
     political subdivision of a State is authorized, for purposes 
     of determining the eligibility of an alien for benefits and 
     the amount of benefits, under any means-based public benefit 
     program of a State or a political subdivision of a State 
     (other than a program of assistance provided or funded, in 
     whole or in part, by the Federal Government), to require that 
     the income and resources of any individual under section 
     552(b) be deemed to be the income and resources of such 
     alien.
       (b) Limitations.--
       (1) Exceptions.--Any attribution of income and resources 
     pursuant to the authority of subsection (a) shall be subject 
     to exceptions comparable to the exceptions of section 552(d).
       (2) Period of deeming.--Any period of attribution of income 
     and resources pursuant to the authority of subsection (a) 
     shall not exceed the period of attribution under section 
     552(c).

     SEC. 554. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF 
                   STATES TO LIMIT ASSISTANCE TO ALIENS AND TO 
                   DISTINGUISH AMONG CLASSES OF ALIENS IN 
                   PROVIDING GENERAL CASH PUBLIC ASSISTANCE.

       (a) In General.--Subject to subsection (b) and 
     notwithstanding any other provision of law, a State or 
     political subdivision of a State is authorized to 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 political subdivision of a State 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 552(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.
                  Subtitle D--Miscellaneous Provisions

     SEC. 561. 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 alien's 
     application for, or receipt of, a Federal benefit to which 
     the alien is not entitled, 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; and
       ``(2) each instance of forgery, counterfeiting, mutilation, 
     or alteration shall constitute a separate offense under this 
     section.''.

     SEC. 562. COMPUTATION OF TARGETED ASSISTANCE.

       (a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) All grants made available under this paragraph for a 
     fiscal year (other than the Targeted Assistance Ten Percent 
     Discretionary Program) shall be allocated by the Office of 
     Resettlement in a manner that ensures that each qualifying 
     county shall receive 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 more than 60 months prior to such fiscal year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective for fiscal years after fiscal year 1996.

     SEC. 563. 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 political 
     subdivision of a State that provides medical assistance for 
     care and treatment of an emergency medical condition (as 
     defined for purposes of section 501(b)(1)) through a public 
     hospital or other public facility (including a nonprofit 
     hospital that is eligible for an additional payment 
     adjustment under section 1886 of the Social Security Act) or 
     through contract with another hospital or facility to an 
     individual who is an alien not lawfully present in the United 
     States is eligible for payment from the Federal Government of 
     its costs of providing such services, but only to the extent 
     that such costs are not otherwise reimbursed through any 
     other Federal program and cannot be recovered from the alien 
     or another person.
       (b) Confirmation of Immigration Status Required.--No 
     payment shall be made under this section with respect to 
     services furnished to an individual unless the immigration 
     status of the individual has been verified through 
     appropriate procedures established by the Secretary of Health 
     and Human Services and the Attorney General.
       (c) Administration.--This section shall be administered by 
     the Attorney General, in consultation with the Secretary of 
     Health and Human Services.
       (d) Effective Date.--Subsection (a) shall apply to medical 
     assistance for care and treatment of an emergency medical 
     condition furnished on or after October 1, 1996.

     SEC. 564. REIMBURSEMENT OF STATES AND LOCALITIES FOR 
                   EMERGENCY AMBULANCE SERVICES.

       Subject to the availability of appropriations, the Attorney 
     General shall fully reimburse States and political 
     subdivisions of States for costs incurred by such a State or 
     subdivision for emergency ambulance services provided to any 
     alien who--
       (1) is injured while crossing a land or sea border of the 
     United States without inspection or at any time or place 
     other than as designated by the Attorney General; and
       (2) is under the custody of the State or subdivision 
     pursuant to a transfer, request, or other action by a Federal 
     authority.

     SEC. 565. PILOT PROGRAMS TO REQUIRE BONDING.

       (a) In General.--
       (1) The Attorney General of the United States shall 
     establish a pilot program in 5 district offices of the 
     Immigration and Naturalization Service to require aliens to 
     post a bond in addition to the affidavit requirements under 
     section 551 and the deeming requirements under section 552. 
     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 
     departure, naturalization, or death of the alien.
       (2) Suit on any such bonds may be brought under the terms 
     and conditions set forth in section 213A 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

[[Page H10881]]

     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.--Beginning 9 months after 
     the date of implementation of the pilot program, the Attorney 
     General shall submit annually to the Committees on the 
     Judiciary of the House of Representatives and the Senate a 
     report on the effectiveness of the program. The Attorney 
     General shall submit a final evaluation of the program not 
     later than 1 year after termination.
       (e) Sunset.--The pilot program under this section shall 
     terminate after 3 years of operation.
       (f) Bonds in Addition to Sponsorship and Deeming 
     Requirements.--Section 213 of the Immigration and Nationality 
     Act (8 U.S.C. 1183) is amended by inserting ``(subject to the 
     affidavit of support requirement and attribution of sponsor's 
     income and resources under section 213A)'' after ``in the 
     discretion of the Attorney General''.

     SEC. 566. REPORTS.

       Not later than 180 days after the end of each fiscal year, 
     the Attorney General shall submit a report to the Inspector 
     General of the Department of Justice and the Committees on 
     the Judiciary of the House of Representatives and of the 
     Senate describing the following:
       (1) Public charge deportations.--The number of aliens 
     deported on public charge grounds under section 241(a)(5) of 
     the Immigration and Nationality Act during the previous 
     fiscal year.
       (2) Indigent sponsors.--The number of determinations made 
     under section 552(d)(1) of this Act (relating to indigent 
     sponsors) during the previous fiscal year.
       (3) Reimbursement actions.--The number of actions brought, 
     and the amount of each action, for reimbursement under 
     section 213A of the Immigration and Nationality Act 
     (including private collections) for the costs of providing 
     public benefits.
       (4) Verifications of eligibility.--The number of situations 
     in which a Federal or State agency fails to respond within 10 
     days to a request for verification of eligibility under 
     section 510(b), including the reasons for, and the 
     circumstances of, each such failure.
                     Subtitle E--Housing Assistance

     SEC. 571. SHORT TITLE.

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

     SEC. 572. 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 eligibility of one or more family 
     members has not been affirmatively established under this 
     section, any financial assistance made available to such 
     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. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL 
                   ASSISTANCE.

       (a) In General.--Section 214(c)(1) of the Housing and 
     Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``on the date of the enactment of the 
     Housing and Community Development Act of 1987''; and
       (B) by striking ``may, in its discretion,'' and inserting 
     ``shall'';
       (2) in subparagraph (A), by adding at the end the following 
     new sentence: ``Financial assistance continued under this 
     subparagraph for a family shall be provided only on a 
     prorated basis under which the amount of financial assistance 
     is based on the percentage of the total number of members of 
     the family that are eligible for such assistance under the 
     program for financial assistance and under this section.''; 
     and
       (3) by striking subparagraph (B), and inserting the 
     following new subparagraph:
       ``(B) Defer the termination of financial assistance, if 
     necessary to permit the orderly transition of the individual 
     and any family members involved to other housing, subject to 
     the following requirements:
       ``(i) Except as provided in clause (ii), any deferral under 
     this subparagraph shall be for a single 3-month period.
       ``(ii) The time period referred to in clause (i) 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 such Act.''.
       (b) Scope of Application.--
       (1) In general.--The amendment made by subsection (a)(3) 
     shall apply to any deferral granted under section 
     214(c)(1)(B) of the Housing and Community Development Act of 
     1980 on or after the date of the enactment of this Act.
       (2) Treatment of deferrals and renewals granted before 
     enactment.--In the case of any deferral which was granted or 
     renewed under section 214(c)(1)(B) of the Housing and 
     Community Development Act of 1980 before the date of the 
     enactment of this Act--
       (A) if the deferral or renewal expires before the 
     expiration of the 3-month period beginning upon such date of 
     enactment, the deferral or renewal may, upon expiration of 
     the deferral period, be renewed for not more than a single 
     additional 3-month period; and
       (B) if the deferral or renewal expires on or after the 
     expiration of such 3-month period, the deferral or renewal 
     may not be renewed or extended.

     SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY 
                   FOR FINANCIAL ASSISTANCE.

       (a) In General.--Section 214(d) of the Housing and 
     Community Development Act of 1980 (42 U.S.C. 1436a(d)) is 
     amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(d) No individual applying for financial assistance shall 
     receive such financial assistance before the affirmative 
     establishment and verification of the eligibility of the 
     individual under this subsection by the Secretary or other 
     appropriate entity, and the following conditions shall apply 
     with respect to financial assistance being or to be provided 
     for the benefit of an individual:'';
       (2) in paragraph (1)--
       (A) in subparagraph (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 the 
     individual is younger than 62 years of age, the declaration 
     shall be verified by the Immigration and Naturalization 
     Service.'';
       (B) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) In the case of any individual who is younger than 62 
     years of age and is receiving or applying for financial 
     assistance, there must be presented the item (or items) 
     described in one of the following subparagraphs for that 
     individual:
       ``(i) A United States passport (either current or expired 
     if issued both within the previous 20 years and after the 
     individual attained 18 years of age).
       ``(ii) A resident alien card or an alien registration card, 
     if the card (i) contains a photograph of the individual and 
     (ii) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(iii) A driver's license or similar document issued for 
     the purpose of identification by a State, if it contains a 
     photograph of the individual.
       ``(iv) If the individual attests to being a citizen or 
     national of the United States and the individual does not 
     have other documentation under this paragraph, such other 
     documents or evidence that identify the individual, as the 
     Attorney General may designate as constituting reasonable 
     evidence indicating United States citizenship.''.
       (3) by striking paragraph (2) and inserting the following 
     new paragraph:
     ``(2) In the case of an individual who is not a citizen or 
     national of the United States, is not 62 years of age or 
     older, and is applying for financial assistance, the 
     Secretary may not provide such assistance for the benefit of 
     the individual before such documentation is presented and 
     verified under paragraph (3) or (4).'';
       (4) in paragraph (3), by striking ``(2)(A) is presented'' 
     and inserting ``(1)(B)(ii) is presented and contains the 
     individual's alien admission number or alien file number (or 
     numbers if the individual has more than one number)''
       (5) in paragraph (4)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``on the date of the enactment of the 
     Housing and Community Development Act of 1987'' and inserting 
     ``or applying for financial assistance'';
       (ii) by striking ``paragraph (2)'' and inserting 
     ``paragraph (1)(B)(ii)''; and
       (iii) by striking ``paragraph (2)(A)'' and inserting 
     ``paragraph (1)(B)(ii)'';
       (B) in subparagraph (A)--
       (i) in clause (i)--

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

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

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

       (6) in paragraph (5), by striking all that follows 
     ``satisfactory immigration status'' and inserting the 
     following: ``, the Secretary shall--
       ``(A) deny the individual's application for financial 
     assistance or terminate the individual's eligibility for 
     financial assistance, as the case may be,
       ``(B) provide the individual with written notice of the 
     determination under this paragraph, which in the case of an 
     individual who is receiving financial assistance shall also 
     notify the individual of the opportunity for a hearing under 
     subparagraph (C), and

[[Page H10882]]

       ``(C) in the case of an individual who is receiving 
     financial assistance and requests a hearing under this 
     subparagraph, provide a hearing within 5 days of receipt of 
     the notice under subparagraph (B), at which hearing the 
     individual may produce the documentation of immigration 
     status required under this subsection or the reasons for the 
     termination shall be explained and the individual shall be 
     notified of his or her eligibility for deferral under 
     subsection (c)(1)(B).'';
       (7) by striking paragraph (6) and inserting the following 
     new paragraph:
       ``(6) The Secretary shall terminate the eligibility for 
     financial assistance of an individual and the members of the 
     household of the individual, for a period of not less than 24 
     months, upon determining that such individual has knowingly 
     permitted another individual who is not eligible for such 
     assistance to use the assistance (including residence in the 
     unit receiving the assistance). This provision shall not 
     apply to a family if the ineligibility of the ineligible 
     individual at issue was considered in calculating any 
     proration under this section of assistance provided for the 
     family.''; and
       (8) by striking the matter following paragraph (6) and 
     inserting the following new paragraphs:
       ``(7) An owner of housing receiving financial assistance--
       ``(A) may initiate procedures to affirmatively establish or 
     verify the eligibility of an individual or family under this 
     section at any time at which the owner determines that such 
     eligibility is in question, regardless of whether or not the 
     individual or family is at or near the top of the waiting 
     list for the housing;
       ``(B) shall 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
       ``(C) 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.
     ``For purposes of this paragraph, the term `owner' includes 
     any public housing agency (as such term is defined in section 
     3 of the United States Housing Act of 1937). For purposes of 
     this paragraph, when used in reference to a family, the term 
     `eligibility' means the eligibility of each member of the 
     family.
       ``(8) For purposes of this subsection, the following 
     definitions shall apply:
       ``(A) The term `satisfactory immigration status' means an 
     immigration status which does not make the individual 
     ineligible for financial assistance.
       ``(B) The term `Secretary' means the Secretary of Housing 
     and Urban Development, a public housing agency, or another 
     entity that determines the eligibility of an individual for 
     financial assistance.''.
       (b) Effective Date.--
       (1) In general.--Notwithstanding section 576 of this Act, 
     the amendment made by subsection (a)(2)(B) of this section 
     shall apply to application for benefits filed on or after 
     such date as the Attorney General specifies in regulations 
     under paragraph (2) of this subsection. Such date shall be at 
     least 60 days, and not more than 90 days, after the date the 
     Attorney General first issues such regulations.
       (2) Regulations.--The Attorney General (in consultation 
     with the heads of other appropriate agencies) shall first 
     issue regulations to carry out the amendment made by 
     subsection (a)(2)(B) of this section not later than 180 days 
     after the date of the enactment of this Act. Such regulations 
     shall be effective on an interim basis, pending change after 
     opportunity for public comment.

     SEC. 575. 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 inserting ``or'' after the comma 
     at the end;
       (2) in paragraph (3), by inserting after ``, or'' at the 
     end the following: ``the response from the Immigration and 
     Naturalization Service to the appeal of such individual.''; 
     and
       (3) by striking paragraph (4).

     SEC. 576. REGULATIONS.

       (a) Issuance.--Not later than the expiration of the 60-day 
     period beginning on the date of the enactment of this Act, 
     the Secretary of Housing and Urban Development shall issue 
     any regulations necessary to implement the amendments made by 
     this subtitle. Such regulations shall be issued in the form 
     of an interim final rule, which shall take effect upon 
     issuance and shall not be subject to the provisions of 
     section 533 of title 5, United States Code, regarding notice 
     or an opportunity for comment.
       (b) Failure To Issue.--If the Secretary fails to issue the 
     regulations required under subsection (a) before the 
     expiration of the period referred to in such subsection, the 
     regulations relating to restrictions on assistance to 
     noncitizens, contained in the final rule issued by the 
     Secretary of Housing and Urban Development in RIN 2501-AA63 
     (Docket No. R-95-1409; FR-2383-F-050), published in the 
     Federal Register of March 20, 1995 (Vol. 60., No. 53; pp. 
     14824-14861), shall not apply after the expiration of such 
     period.

     SEC. 577. REPORT ON 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 and containing statistics with 
     respect to the number of individuals denied financial 
     assistance under such section.
                     Subtitle F--General Provisions

     SEC. 591. EFFECTIVE DATES.

       Except as 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.

     SEC. 592. STATUTORY CONSTRUCTION.

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

     SEC. 593. NOT APPLICABLE TO FOREIGN ASSISTANCE.

       This title does not apply to any Federal, State, or local 
     governmental program, assistance, or benefits provided to an 
     alien under any program of foreign assistance as determined 
     by the Secretary of State in consultation with the Attorney 
     General.

     SEC. 594. NOTIFICATION.

       (a) In general.--Each agency of the Federal Government or a 
     State or political subdivision that administers a program 
     affected by the provisions of this title, shall, directly or 
     through the States, provide general notification to the 
     public and to program recipients of the changes regarding 
     eligibility for any such program pursuant to this title.
       (b) Failure to give notice.--Nothing in this section shall 
     be construed to require or authorize continuation of 
     eligibility if the notice under this section is not provided.

     SEC. 595. DEFINITIONS.

       Except as otherwise provided in this title, for purposes of 
     this title--
       (1) the terms ``alien'', ``Attorney General'', 
     ``national'', ``naturalization'', ``State'', and ``United 
     States'' shall have the meaning given such terms in section 
     101(a) of the Immigration and Nationality Act; and
       (2) the term ``child'' shall have the meaning given such 
     term in section 101(c) of the Immigration and Nationality 
     Act.
                   TITLE VI--MISCELLANEOUS PROVISIONS
                Subtitle A--Refugees, Parole, and Asylum

     SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION 
                   CONTROL METHODS.

       (a) Definition of Refugee.--
       (1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by 
     adding at the end the following: ``For purposes of 
     determinations under this Act, a person who has been forced 
     to abort a pregnancy or to undergo involuntary sterilization, 
     or who has been persecuted for failure or refusal to undergo 
     such a procedure or for other resistance to a coercive 
     population control program, shall be deemed to have been 
     persecuted on account of political opinion, and a person who 
     has a well founded fear that he or she will be forced to 
     undergo such a procedure or subject to persecution for such 
     failure, refusal, or resistance shall be deemed to have a 
     well founded fear of persecution on account of political 
     opinion.''.
       (2) Not later than 90 days after the end of each fiscal 
     year, the Attorney General shall submit a report to the 
     Committee on the Judiciary of the House of Representatives 
     and the Committee on the Judiciary of the Senate describing 
     the number and countries of origin of aliens granted refugee 
     status or asylum under determinations pursuant to the 
     amendment made by paragraph (1). Each such report shall also 
     contain projections regarding the number and countries of 
     origin of aliens that are likely to be granted refugee status 
     or asylum for the subsequent 2 fiscal years.
       (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 
     1157(a)) is amended by adding at the end the following new 
     paragraph:
       ``(5) For any fiscal year, not more than a total of 1,000 
     refugees may be admitted under this subsection or granted 
     asylum under section 208 pursuant to a determination under 
     the third sentence of section 101(a)(42) (relating to 
     persecution for resistance to coercive population control 
     methods).''.

     SEC. 602. LIMITATION ON USE OF PAROLE

       (a) Parole Authority.--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 ``only on a case-by-case basis for urgent 
     humanitarian reasons or significant public benefit''.
       (b) Report to Congress.--Not later than 90 days after the 
     end of each fiscal year, the Attorney General shall submit a 
     report to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate describing the number and categories of aliens paroled 
     into the United States under section 212(d)(5) of the 
     Immigration and Nationality Act. Each such report shall 
     provide the total number of aliens paroled into and residing 
     in the United States and shall contain information and data 
     for each country of origin concerning the number and 
     categories of aliens paroled, the duration of parole, the 
     current status of aliens paroled, and the number and 
     categories of aliens returned to the custody from which they 
     were paroled during the preceding fiscal year.

     SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING 
                   WORLDWIDE NUMERICAL LIMITATIONS.

       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:

[[Page H10883]]

       ``(4) The number computed under this paragraph for a fiscal 
     year (beginning with fiscal year 1999) is the number of 
     aliens who were paroled into the United States under section 
     212(d)(5) in the second preceding fiscal year--
       ``(A) who did not depart from the United States (without 
     advance parole) within 365 days; and
       ``(B) who (i) did not acquire the status of aliens lawfully 
     admitted to the United States for permanent residence in the 
     two preceding fiscal years, or (ii) acquired such status in 
     such years under a provision of law (other than section 
     201(b)) which exempts such adjustment from the numerical 
     limitation on the worldwide level of immigration under this 
     section.
       ``(5) If any alien described in paragraph (4) (other than 
     an alien described in paragraph (4)(B)(ii)) is subsequently 
     admitted as an alien lawfully admitted for permanent 
     residence, such alien shall not again be considered for 
     purposes of paragraph (1).''.

     SEC. 604. ASYLUM REFORM.

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


                                ``asylum

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

[[Page H10884]]

     the asylum application, not including administrative appeal, 
     shall be completed within 180 days after the date an 
     application is filed;
       ``(iv) any administrative appeal shall be filed within 30 
     days of a decision granting or denying asylum, or within 30 
     days of the completion of removal proceedings before an 
     immigration judge under section 240, whichever is later; and
       ``(v) in the case of an applicant for asylum who fails 
     without prior authorization or in the absence of exceptional 
     circumstances to appear for an interview or hearing, 
     including a hearing under section 240, the application may be 
     dismissed or the applicant may be otherwise sanctioned for 
     such failure.
       ``(B) Additional regulatory conditions.--The Attorney 
     General may provide by regulation for any other conditions or 
     limitations on the consideration of an application for asylum 
     not inconsistent with this Act.
       ``(6) Frivolous applications.--If the Attorney General 
     determines that an alien has knowingly made a frivolous 
     application for asylum and the alien has received the notice 
     under paragraph (4)(A), the alien shall be permanently 
     ineligible for any benefits under this Act, effective as of 
     the date of a final determination on such application.
       ``(7) No private right of action.--Nothing in this 
     subsection shall be construed to create any substantive or 
     procedural right or benefit that is legally enforceable by 
     any party against the United States or its agencies or 
     officers or any other person.''.
       (b) Conforming and Clerical Amendments.--
       (1) The item in the table of contents relating to section 
     208 is amended to read as follows:

``Sec. 208. Asylum.''.

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

     SEC. 605. INCREASE IN ASYLUM OFFICERS.

       Subject to the availability of appropriations, the Attorney 
     General shall provide for an increase in the number of asylum 
     officers to at least 600 asylum officers by fiscal year 1997.

     SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.

       (a) In General.--Public Law 89-732 is repealed effective 
     only upon a determination by the President under section 
     203(c)(3) of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (Public Law 104-114) that a 
     democratically elected government in Cuba is in power.
       (b) Limitation.--Subsection (a) shall not apply to aliens 
     for whom an application for adjustment of status is pending 
     on such effective date.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                  Act

     SEC. 621. ALIEN WITNESS COOPERATION.

       Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by 
     section 130003(b)(2) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025)) 
     (relating to numerical limitations on the number of aliens 
     who may be provided a visa as nonimmigrants under section 
     101(a)(15)(S)) is amended--
       (1) by striking ``100.'' and inserting ``200.''; and
       (2) by striking ``25.'' and inserting ``50.''.

     SEC. 622. 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 ``1996.'' and 
     inserting ``2002.''.
       (b) Conditions on Federally Requested Waivers.--Section 
     212(e) (8 U.S.C. 1182(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)) (as added by section 220(b) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (Public Law 103-416; 108 Stat. 4319)) is amended to read as 
     follows:
       ``(k)(1) In the case of a request by an interested State 
     agency, or by an interested Federal agency, for a waiver of 
     the 2-year foreign residence requirement under section 212(e) 
     on behalf of an alien described in clause (iii) of such 
     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;
       ``(B) in the case of a request by an interested State 
     agency, the grant of such waiver would not cause the number 
     of waivers allotted for that State for that fiscal year to 
     exceed 20;
       ``(C) in the case of a request by an interested Federal 
     agency or by an interested State agency--
       ``(i) the alien demonstrates a bona fide offer of full-time 
     employment at a health facility or health care organization, 
     which employment has been determined by the Attorney General 
     to be in the public interest; and
       ``(ii) the alien agrees to begin employment with the health 
     facility or health care organization within 90 days of 
     receiving such waiver, and agrees to continue to work for a 
     total of not less than 3 years (unless the Attorney General 
     determines that extenuating circumstances exist, such as 
     closure of the facility or hardship to the alien, which would 
     justify a lesser period of employment at such health facility 
     or health care organization, in which case the alien must 
     demonstrate another bona fide offer of employment at a health 
     facility or health care organization for the remainder of 
     such 3-year period); and
       ``(D) in the case of a request by an interested Federal 
     agency (other than a request by an interested Federal agency 
     to employ the alien full-time in medical research or 
     training) or by an interested State agency, the alien agrees 
     to practice medicine in accordance with paragraph (2) for a 
     total of not less than 3 years only in the geographic area or 
     areas which are designated by the Secretary of Health and 
     Human Services as having a shortage of health care 
     professionals.
       ``(2)(A) Notwithstanding section 248(2), the Attorney 
     General may change the status of an alien who 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 health care 
     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 2 years following 
     departure from the United States.
       ``(3) Notwithstanding any other provision of this 
     subsection, the 2-year foreign residence requirement under 
     section 212(e) shall apply with respect to an alien described 
     in clause (iii) of such section, who has not otherwise been 
     accorded status under section 101(a)(27)(H), if--
       ``(A) at any time the alien ceases to comply with any 
     agreement entered into under subparagraph (C) or (D) of 
     paragraph (1); or
       ``(B) the alien's employment ceases to benefit the public 
     interest at any time during the 3-year period described in 
     paragraph (1)(C).''.

     SEC. 623. 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 to read as follows:
       ``(5) Confidentiality of information.--
       ``(A) In general.--Except as provided in this paragraph, 
     neither the Attorney General, nor any other official or 
     employee of the Department of Justice, or bureau or agency 
     thereof, may--
       ``(i) use the information furnished by the applicant 
     pursuant to an application filed under this section for any 
     purpose other than to make a determination on the 
     application, for enforcement of paragraph (6), or for the 
     preparation of reports to Congress under section 404 of the 
     Immigration Reform and Control Act of 1986;
       ``(ii) make any publication whereby the information 
     furnished by any particular applicant can be identified; or
       ``(iii) permit anyone other than the sworn officers and 
     employees of the Department or bureau or agency or, with 
     respect to applications filed with a designated entity, that 
     designated entity, to examine individual applications.
       ``(B) Required disclosures.--The Attorney General shall 
     provide the information furnished under this section, and any 
     other information derived from such furnished information, 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).
       ``(C) Authorized disclosures.--The Attorney General may 
     provide, in the Attorney General's discretion, 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.
       ``(D) Construction.--
       ``(i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Service 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       ``(ii) Criminal convictions.--Information concerning 
     whether the applicant has at any time been convicted of a 
     crime may be used or released for immigration enforcement or 
     law enforcement purposes.
       ``(E) Crime.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this paragraph 
     shall be fined not more than $10,000.''.
       (b) Special Agricultural Workers.--Section 210(b)(6) (8 
     U.S.C. 1160(b)(6)) is amended to read as follows:
       ``(6) Confidentiality of information.--
       ``(A) In general.--Except as provided in this paragraph, 
     neither the Attorney General, nor any other official or 
     employee of the Department of Justice, or bureau or agency 
     thereof, may--
       ``(i) use the information furnished by the applicant 
     pursuant to an application filed under this section for any 
     purpose other than to make a determination on the 
     application, including a determination under subsection 
     (a)(3)(B), or for enforcement of paragraph (7);
       ``(ii) make any publication whereby the information 
     furnished by any particular individual can be identified; or

[[Page H10885]]

       ``(iii) permit anyone other than the sworn officers and 
     employees of the Department or bureau or agency or, with 
     respect to applications filed with a designated entity, that 
     designated entity, to examine individual applications.
       ``(B) Required disclosures.--The Attorney General shall 
     provide information furnished under this section, and any 
     other information derived from such furnished information, 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).
       ``(C) Construction.--
       ``(i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Service 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       ``(ii) Criminal convictions.--Information concerning 
     whether the applicant has at any time been convicted of a 
     crime may be used or released for immigration enforcement or 
     law enforcement purposes.
       ``(D) Crime.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this paragraph 
     shall be fined not more than $10,000.''.

     SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND 
                   CLASSIFICATION PETITIONS FOR PROFESSIONAL 
                   ATHLETES.

       (a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C. 
     1182(a)(5)(A)) is amended by adding at the end the following:
       ``(iii) Professional athletes.--

       ``(I) In general.--A certification made under clause (i) 
     with respect to a professional athlete shall remain valid 
     with respect to the 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 the athlete first 
     applied for the certification.

       ``(II) Definition.--For purposes of subclause (I), the term 
     `professional athlete' means an individual who is employed as 
     an athlete by--

       ``(aa) a team that is a member of an association of 6 or 
     more professional sports teams whose total combined revenues 
     exceed $10,000,000 per year, if the association governs the 
     conduct of its members and regulates the contests and 
     exhibitions in which its member teams regularly engage; or
       ``(bb) any minor league team that is affiliated with such 
     an association.''.
       (b) Classification Petitions.--Section 204 (8 U.S.C. 1154) 
     is amended by adding at the end the following:
       ``(i) Professional Athletes.--
       ``(1) In general.--A petition under subsection (a)(4)(D) 
     for classification of a professional athlete shall remain 
     valid for the athlete after the athlete changes employers, if 
     the new employer is a team in the same sport as the team 
     which was the employer who filed the petition.
       ``(2) Definition.--For purposes of paragraph (1), the term 
     `professional athlete' means an individual who is employed as 
     an athlete by--
       ``(A) a team that is a member of an association of 6 or 
     more professional sports teams whose total combined revenues 
     exceed $10,000,000 per year, if the association governs the 
     conduct of its members and regulates the contests and 
     exhibitions in which its member teams regularly engage; or
       ``(B) any minor league team that is affiliated with such an 
     association.''.

     SEC. 625. FOREIGN STUDENTS.

       (a) Limitations.--
       (1) In general.--Section 214 (8 U.S.C. 1184) is amended by 
     adding at the end the following new subsection:
       ``(l)(1) An alien may not be accorded status as a 
     nonimmigrant under section 101(a)(15)(F)(i) in order to 
     pursue a course of study--
       ``(A) at a public elementary school or in a publicly funded 
     adult education program; or
       ``(B) at a public secondary school unless--
       ``(i) the aggregate period of such status at such a school 
     does not exceed 12 months with respect to any alien, and (ii) 
     the alien demonstrates that the alien has reimbursed the 
     local educational agency that administers the school for the 
     full, unsubsidized per capita cost of providing education at 
     such school for the period of the alien's attendance.
       ``(2) An alien who obtains the status of a nonimmigrant 
     under section 101(a)(15)(F)(i) in order to pursue a course of 
     study at a private elementary or secondary school or in a 
     language training program that is not publicly funded shall 
     be considered to have violated such status, and the alien's 
     visa under section 101(a)(15)(F) shall be void, if the alien 
     terminates or abandons such course of study at such a school 
     and undertakes a course of study at a public elementary 
     school, in a publicly funded adult education program, in a 
     publicly funded adult education language training program, or 
     at a public secondary school (unless the requirements of 
     paragraph (1)(B) are met).''.
       (2) Conforming amendment.--Section 101(a)(15)(F) (8 U.S.C. 
     1101(a)(15)(F)) is amended by inserting ``consistent with 
     section 214(l)'' after ``such a course of study''.
       (b) Reference to New Ground of Exclusion for Student Visa 
     Abusers.--For addition of ground of inadmissibility for 
     certain nonimmigrant student abusers, see section 347.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to individuals who obtain the status of a 
     nonimmigrant under section 101(a)(15)(F) of the Immigration 
     and Nationality Act after the end of the 60-day period 
     beginning on the date of the enactment of this Act, including 
     aliens whose status as such a nonimmigrant is extended after 
     the end of such period.

     SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND 
                   AGENTS KILLED IN THE LINE OF DUTY.

       (a) In General.--Title II, as amended by section 205(a), is 
     amended by adding at the end the following new section:


 ``transportation of remains of immigration officers and border patrol 
                   agents killed in the line of duty

       ``Sec. 295. (a) In General.--To the extent provided in 
     appropriation Acts, when an immigration officer or border 
     patrol agent is killed in the line of duty, the Attorney 
     General may pay from appropriations available for the 
     activity in which the officer or agent was engaged--
       ``(1) the actual and necessary expenses of transportation 
     of the remains of the officer or agent to a place of burial 
     located in any State, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the Republic of the Marshall 
     Islands, the Federated States of Micronesia, or the Republic 
     of Palau;
       ``(2) travel expenses, including per diem in lieu of 
     subsistence, of the decedent's spouse and minor children to 
     and from such site at rates not greater than those 
     established for official government travel under subchapter I 
     of chapter 57 of title 5, United States Code; and
       ``(3) any other memorial service authorized by the Attorney 
     General.
       ``(b) Prepayment.--The Attorney General may prepay any 
     expense authorized to be paid under this section.''.
       (b) Clerical Amendment.--The table of contents, as amended 
     by section 205(b), is amended by inserting after the item 
     relating to section 294 the following new item:
``Sec. 295.  Transportation of remains of immigration officers and 
              border patrol agents killed in the line of duty.''.
    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

     SEC. 631. VALIDITY OF PERIOD OF VISAS.

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

     SEC. 632. 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:
       ``(g)(1) In the case of an alien who has been admitted on 
     the basis of a nonimmigrant visa and remained in the United 
     States beyond the period of stay authorized by the Attorney 
     General, such visa shall be void beginning after the 
     conclusion of such period of stay.
       ``(2) An alien described in paragraph (1) shall be 
     ineligible to be readmitted to the United States as a 
     nonimmigrant, except--
       ``(A) on the basis of a visa (other than the visa described 
     in paragraph (1)) 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) Applicability.--
       (1) Visas.--Section 222(g)(1) of the Immigration and 
     Nationality Act, as added by subsection (a), shall apply to a 
     visa issued before, on, or after the date of the enactment of 
     this Act.
       (2) Aliens seeking readmission.--Section 222(g)(2) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     shall apply to any alien applying for readmission to the 
     United States after the date of the enactment of this Act, 
     except an alien applying for readmission on the basis on a 
     visa that--
       (A) was issued before such date; and
       (B) is not void through the application of section 
     222(g)(1) of the Immigration and Nationality Act, as added by 
     subsection (a).

     SEC. 633. 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. 634. CHANGES REGARDING VISA APPLICATION PROCESS.

       (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 
     1202(c)) is amended--
       (1) by striking ``personal description'' through ``marks of 
     identification);'';
       (2) by striking ``applicant'' and inserting ``applicant, 
     the determination of his eligibility for a nonimmigrant 
     visa,''; and
       (3) by adding at the end 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.''.

[[Page H10886]]

       (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 fourth sentence--
       (A) by striking ``stamp'' and inserting ``stamp, or other
       (B) by striking ``by the consular officer''.

     SEC. 635. VISA WAIVER PROGRAM.

       (a) Elimination of Joint Action Requirement.--Section 217 
     (8 U.S.C. 1187) is amended--
       (1) in subsection (a), by striking ``Attorney General and 
     the Secretary of State, acting jointly'' and inserting 
     ``Attorney General, in consultation with the Secretary of 
     State'';
       (2) in subsection (c)(1), by striking ``Attorney General 
     and the Secretary of State acting jointly'' and inserting 
     ``Attorney General, in consultation with the Secretary of 
     State,''; and
       (3) in subsection (d), by striking ``Attorney General and 
     the Secretary of State, acting jointly,'' and inserting 
     ``Attorney General, in consultation with the Secretary of 
     State,''.
       (b) Extension of Program.--Section 217(f) (8 U.S.C. 
     1187(f)) is amended by striking ``1996'' and inserting 
     ``1997.''.
       (c) Duration and Termination of Designation of Pilot 
     Program Countries.--
       (1) In general.--Section 217(g) (8 U.S.C. 1187(g)) is 
     amended to read as follows:
       ``(g) Duration and Termination of Designation.--
       ``(1) In general.--
       ``(A) Determination and notification of disqualification 
     rate.--Upon determination by the Attorney General that a 
     pilot program country's disqualification rate is 2 percent or 
     more, the Attorney General shall notify the Secretary of 
     State.
       ``(B) Probationary status.--If the program country's 
     disqualification rate is greater than 2 percent but less than 
     3.5 percent, the Attorney General shall place the program 
     country in probationary status for a period not to exceed 2 
     full fiscal years following the year in which the 
     determination under subparagraph (A) is made.
       ``(C) Termination of designation.--Subject to paragraph 
     (3), if the program country's disqualification rate is 3.5 
     percent or more, the Attorney General shall terminate the 
     country's designation as a pilot program country effective at 
     the beginning of the second fiscal year following the fiscal 
     year in which the determination under subparagraph (A) is 
     made.
       ``(2) Termination of probationary status.--
       ``(A) In general.--If the Attorney General determines at 
     the end of the probationary period described in paragraph 
     (1)(B) that the program country placed in probationary status 
     under such paragraph has failed to develop a machine-readable 
     passport program as required by section (c)(2)(C), or has a 
     disqualification rate of 2 percent or more, the Attorney 
     General shall terminate the designation of the country as a 
     pilot program country. If the Attorney General determines 
     that the program country has developed a machine-readable 
     passport program and has a disqualification rate of less than 
     2 percent, the Attorney General shall redesignate the country 
     as a pilot program country.
       ``(B) Effective date.--A termination of the designation of 
     a country under subparagraph (A) shall take effect on the 
     first day of the first fiscal year following the fiscal year 
     in which the determination under such subparagraph is made. 
     Until such date, nationals of the country shall remain 
     eligible for a waiver under subsection (a).
       ``(3) Nonapplicability of certain provisions.--Paragraph 
     (1)(C) shall not apply unless the total number of nationals 
     of a pilot program country described in paragraph (4)(A) 
     exceeds 100.
       ``(4) Definition.--For purposes of this subsection, the 
     term `disqualification rate' means the percentage which--
       ``(A) the total number of nationals of the pilot program 
     country who were--
       ``(i) excluded from admission or withdrew their application 
     for admission during the most recent fiscal year for which 
     data are available; and
       ``(ii) admitted as nonimmigrant visitors during such fiscal 
     year and who violated the terms of such admission; bears to
       ``(B) the total number of nationals of such country who 
     applied for admission as nonimmigrant visitors during such 
     fiscal year.''.
       (2) Transition.--A country designated as a pilot program 
     country with probationary status under section 217(g) of the 
     Immigration and Nationality Act (as in effect on the day 
     before the date of the enactment of this Act) shall be 
     considered to be designated as a pilot program country on and 
     after such date, subject to placement in probationary status 
     or termination of such designation under such section (as 
     amended by paragraph (1)).
       (3) Conforming amendment.--Section 217(a)(2)(B) (8 U.S.C. 
     1187(a)(2)(B)) is amended by striking ``or is'' through 
     ``subsection (g).'' and inserting a period.

     SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

       The Secretary of State may establish a fee to be paid by 
     each applicant for an immigrant visa described in section 
     203(c) of the Immigration and Nationality Act. Such fee may 
     be set at a level that will ensure recovery of the cost to 
     the Department of State of allocating visas under such 
     section, including the cost of processing all applications 
     thereunder. All fees collected under this section shall be 
     used for providing consular services. All fees collected 
     under this section shall be deposited as an offsetting 
     collection to any Department of State appropriation and shall 
     remain available for obligations until expended. The 
     provisions of the Act of August 18, 1856 (11 Stat. 58; 22 
     U.S.C. 4212-4214), concerning accounting for consular fees, 
     shall not apply to fees collected under this section.

     SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS 
                   FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary of State, shall include among the aliens 
     selected for diversity immigrant visas for fiscal year 1997 
     pursuant to section 203(c) of the Immigration and Nationality 
     Act any alien who, on or before September 30, 1995--
       (1) was selected as a diversity immigrant under such 
     section for fiscal year 1995;
       (2) applied for adjustment of status to that of an alien 
     lawfully admitted for permanent residence pursuant to section 
     245 of such Act during fiscal year 1995, and whose 
     application, and any associated fees, were accepted by the 
     Attorney General, in accordance with applicable regulations;
       (3) was not determined by the Attorney General to be 
     excludable under section 212 of such Act or ineligible under 
     section 203(c)(2) of such Act; and
       (4) did not become an alien lawfully admitted for permanent 
     residence during fiscal year 1995.
       (b) Priority.--The aliens selected under subsection (a) 
     shall be considered to have been selected for diversity 
     immigrant visas for fiscal year 1997 prior to any alien 
     selected under any other provision of law.
       (c) Reduction of Immigrant Visa Number.--For purposes of 
     applying the numerical limitations in sections 201 and 203(c) 
     of the Immigration and Nationality Act, aliens selected under 
     subsection (a) who are granted an immigrant visa shall be 
     treated as aliens granted a visa under section 203(c) of such 
     Act.
                      Subtitle D--Other Provisions

     SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO 
                   NONIMMIGRANT FOREIGN STUDENTS AND OTHER 
                   EXCHANGE PROGRAM PARTICIPANTS.

       (a) In General.--
       (1) Program.--The Attorney General, in consultation with 
     the Secretary of State and the Secretary of Education, shall 
     develop and conduct a program to collect from approved 
     institutions of higher education and designated exchange 
     visitor programs 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 subparagraph (F), (J), or (M) of section 
     101(a)(15) of the Immigration and Nationality Act; and
       (B) are nationals of the countries designated under 
     subsection (b).
       (2) Deadline.--The program shall commence not later than 
     January 1, 1998.
       (b) Covered Countries.--The Attorney General, in 
     consultation with the Secretary of State, shall designate 
     countries for purposes of subsection (a)(1)(B). The Attorney 
     General shall initially designate not less than 5 countries 
     and may designate additional countries at any time while the 
     program is being conducted.
       (c) Information to be Collected.--
       (1) In general.--The information for collection under 
     subsection (a) with respect to an alien 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;
       (C) in the case of a student at an approved institution of 
     higher education, the current academic status of the alien, 
     including whether the alien is maintaining status as a full-
     time student or, in the case of a participant in a designated 
     exchange visitor program, whether the alien is satisfying the 
     terms and conditions of such program; and
       (D) in the case of a student at an approved institution of 
     higher education, any disciplinary action taken by the 
     institution against the alien as a result of the alien's 
     being convicted of a crime or, in the case of a participant 
     in a designated exchange visitor program, any change in the 
     alien's participation as a result of the alien's being 
     convicted of a crime.
       (2) FERPA.--The Family Educational Rights and Privacy Act 
     of 1974 shall not apply to aliens described in subsection (a) 
     to the extent that the Attorney General determines necessary 
     to carry out the program under subsection (a).
       (3) Electronic collection.--The information described in 
     paragraph (1) shall be collected electronically, where 
     practicable.
       (4) Computer software.--
       (A) Collecting institutions.--To the extent practicable, 
     the Attorney General shall design the program in a manner 
     that permits approved institutions of higher education and 
     designated exchange visitor programs to use existing software 
     for the collection, storage, and data processing of 
     information described in paragraph (1).
       (B) Attorney general.--To the extent practicable, the 
     Attorney General shall use or enhance existing software for 
     the collection, storage, and data processing of information 
     described in paragraph (1).
       (d) Participation by Institutions of Higher Education and 
     Exchange Visitor Programs.--
       (1) Condition.--The information described in subsection (c) 
     shall be provided by as a condition of--
       (A) in the case of an approved institution of higher 
     education, the continued approval of the institution under 
     subparagraph (F) or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act; and
       (B) in the case of an approved institution of higher 
     education or a designated exchange visitor program, the 
     granting of authority to issue documents to an alien 
     demonstrating the alien's eligibility for a visa under 
     subparagraph (F), (J), or (M) of section 101(a)(15) of such 
     Act.

[[Page H10887]]

       (2) Effect of failure to provide information.--If an 
     approved institution of higher education or a designated 
     exchange visitor program fails to provide the specified 
     information, such approvals and such issuance of visas shall 
     be revoked or denied.
       (e) Funding.--
       (1) In general.--Beginning on April 1, 1997, an approved 
     institution of higher education and a designated exchange 
     visitor program shall impose on, and collect from, each alien 
     described in paragraph (3), with respect to whom the 
     institution or program is required by subsection (a) to 
     collect information, a fee established by the Attorney 
     General under paragraph (4) at the time--
       (A) when the alien first registers with the institution or 
     program after entering the United States; or
       (B) in a case where a registration under subparagraph (A) 
     does not exist, when the alien first commences activities in 
     the United States with the institution or program.
       (2) Remittance.--An approved institution of higher 
     education and a designated exchange visitor program shall 
     remit the fees collected under paragraph (1) to the Attorney 
     General pursuant to a schedule established by the Attorney 
     General.
       (3) Aliens described.--An alien referred to in paragraph 
     (1) is an alien who has nonimmigrant status under 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (other than a nonimmigrant 
     under section 101(a)(15)(J) of such Act who has come to the 
     United States as a participant in a program sponsored by the 
     Federal Government).
       (4) Amount and use of fees.--
       (A) Establishment of amount.--The Attorney General shall 
     establish the amount of the fee to be imposed on, and 
     collected from, an alien under paragraph (1). Except as 
     provided in subsection (g)(2), the fee imposed on any 
     individual may not exceed $100. The amount of the fee shall 
     be based on the Attorney General's estimate of the cost per 
     alien of conducting the information collection program 
     described in this section.
       (B) Use.--Fees collected under paragraph (1) shall be 
     deposited as offsetting receipts into the Immigration 
     Examinations Fee Account (established under section 286(m) of 
     the Immigration and Nationality Act) and shall remain 
     available until expended for the Attorney General to 
     reimburse any appropriation the amount paid out of which is 
     for expenses in carrying out this section.
       (f) Joint Report.--Not later than 4 years after the 
     commencement of the program established under subsection (a), 
     the Attorney General, the Secretary of State, and the 
     Secretary of Education shall jointly submit to the Committees 
     on the Judiciary of the Senate and the House of 
     Representatives a report on the operations of the program and 
     the feasibility of expanding the program to cover the 
     nationals of all countries.
       (g) Worldwide Applicability of the Program.--
       (1) Expansion of program.--
       (A) In general.--Not later than 6 months after the 
     submission of the report required by subsection (f), the 
     Attorney General, in consultation with the Secretary of State 
     and the Secretary of Education, shall commence expansion of 
     the program to cover the nationals of all countries.
       (B) Deadline.--Such expansion shall be completed not later 
     than 1 year after the date of the submission of the report 
     referred to in subsection (f).
       (2) Revision of fee.--After the program has been expanded, 
     as provided in paragraph (1), the Attorney General may, on a 
     periodic basis, revise the amount of the fee imposed and 
     collected under subsection (e) in order to take into account 
     changes in the cost of carrying out the program.
       (h) Definitions.--As used in this section:
       (1) Approved institution of higher education.--The term 
     ``approved institution of higher education'' means a college 
     or university 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.
       (2) Designated exchange visitor program.--The term 
     ``designated exchange visitor program'' means a program that 
     has been--
       (A) designated by the Director of the United States 
     Information Agency for purposes of section 101(a)(15)(J) of 
     the Immigration and Nationality Act; and
       (B) selected by the Attorney General for purposes of the 
     program under this section.

     SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE 
                   IMMIGRATION AND NATURALIZATION SERVICE.

       (a) In General.--Notwithstanding any other provision of 
     Federal, State, or local law, a Federal, State, or local 
     government entity or official may not prohibit, or in any way 
     restrict, any government entity or official from sending to, 
     or receiving from, the Immigration and Naturalization Service 
     information regarding the citizenship or immigration status, 
     lawful or unlawful, of any individual.
       (b) Additional Authority of Government Entities.--
     Notwithstanding any other provision of Federal, State, or 
     local law, no person or agency may prohibit, or in any way 
     restrict, a Federal, State, or local government entity from 
     doing any of the following with respect to information 
     regarding the immigration status, lawful or unlawful, of any 
     individual:
       (1) Sending such information to, or requesting or receiving 
     such information from, the Immigration and Naturalization 
     Service.
       (2) Maintaining such information.
       (3) Exchanging such information with any other Federal, 
     State, or local government entity.
       (c) Obligation to Respond to Inquiries.--The Immigration 
     and Naturalization Service shall respond to an inquiry by a 
     Federal, State, or local government agency, seeking to verify 
     or ascertain the citizenship or immigration status of any 
     individual within the jurisdiction of the agency for any 
     purpose authorized by law, by providing the requested 
     verification or status information.

     SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.

       Not later than 6 months after the date of the enactment of 
     this Act, the Commissioner of Immigration and Naturalization 
     shall issue regulations governing rights of ``habitual 
     residence'' in the United States under the terms of the 
     following:
       (1) The Compact of Free Association between the Government 
     of the United States and the Governments of the Marshall 
     Islands and the Federated States of Micronesia (48 U.S.C. 
     1901 note).
       (2) The Compact of Free Association between the Government 
     of the United States and the Government of Palau (48 U.S.C. 
     1931 note).

     SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.

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

     SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.

       (a) 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, to 
     the Constitution to enact such legislation.
       (b) Crime.--
       (1) In general.--Chapter 7 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``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 person, or any 
     other person, that the operation is required as a matter of 
     custom or ritual.''.
       (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.--The amendments made by subsection (b) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.

[[Page H10888]]

     SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND 
                   HUNGARIAN PAROLEES.

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

     SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.

       (a) In General.--The Attorney General shall make available 
     funds under this section, in each of fiscal years 1997 
     through 2001, to the Commissioner of Immigration and 
     Naturalization 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 Independence Day 
     to approximately 500 people whose application for 
     naturalization has been approved. Each project shall provide 
     for appropriate outreach and ceremonial and celebratory 
     activities.
       (b) Selection of Sites.--The Attorney General shall, in the 
     Attorney General's discretion, select diverse locations for 
     sites on the basis of the number of naturalization applicants 
     living in proximity to each site and 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 shall consider changing the sites 
     selected from year to year.
       (c) Amounts Available; Use of Funds.--
       (1) Amount.--The amount made available under this section 
     with respect to any single site for a year shall not exceed 
     $5,000.
       (2) Use.--Funds made available under this section may be 
     used only to cover expenses incurred in carrying out oath 
     administration ceremonies at the demonstration sites under 
     subsection (a), including expenses for--
       (A) cost of personnel of the Immigration and Naturalization 
     Service (including travel and overtime expenses);
       (B) rental of space; and
       (C) 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 shall be available, to 
     the extent provided in appropriation Acts, to carry out this 
     section.
       (d) Application.--In the case of an entity other than the 
     Immigration and Naturalization Service seeking to conduct a 
     demonstration project under this section, no amounts may be 
     made available to the entity under this section unless an 
     appropriate application has been made to, and approved by, 
     the Attorney General, in a form and manner specified by the 
     Attorney General.

     SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; 
                   REQUIREMENTS REGARDING NOTICE.

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

     SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION 
                   EMERGENCY.

       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 such term appears.

     SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.

       (a) In General.--The Attorney General shall investigate, 
     and submit a report to the Committees on the Judiciary of the 
     House of Representatives and of the Senate regarding, the 
     practices of entities authorized to administer standardized 
     citizenship tests pursuant to section 312.3(a) of title 8, 
     Code of Federal Regulations. The report shall include any 
     findings of fraudulent practices by such 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 Committees on the Judiciary of 
     the House of Representatives and of the Senate a preliminary 
     report on the investigation conducted under subsection (a). 
     The Attorney General shall submit to such Committees a final 
     report on such investigation not later than 275 days after 
     the submission of the preliminary report.

     SEC. 651. 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, is designated as the 
     ``Timothy C. McCaghren Customs Administrative Building''.
       (b) Legal References.--Any reference in any law, 
     regulation, document, record, map, or other paper of the 
     United States to the building referred to in subsection (a) 
     is deemed to be a reference to the ``Timothy C. McCaghren 
     Customs Administrative Building''.

     SEC. 652. MAIL-ORDER BRIDE BUSINESS.

       (a) Findings.--The Congress finds as follows:
       (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 men in the United 
     States 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.
       (3) Although many of these mail-order marriages work out, 
     in many other cases, anecdotal evidence suggests that mail-
     order brides find themselves in abusive relationships. There 
     is also evidence to suggest that a substantial number of 
     mail-order marriages are fraudulent 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 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 
     that the rate of marriage fraud between foreign nationals and 
     United States citizens or aliens lawfully admitted for 
     permanent residence is 8 percent. It is unclear what 
     percentage of these marriage fraud cases originate as mail-
     order marriages.
       (b) Information Dissemination.--
       (1) Requirement.--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 and the battered spouse waiver 
     under such status, permanent resident status, marriage fraud 
     penalties, the unregulated nature of the business engaged in 
     by such organizations, and the study required under 
     subsection (c).
       (2) Civil penalty.--
       (A) Violation.--Any international matchmaking organization 
     that the Attorney General determines has violated subsection 
     (b) shall be subject, in addition to any other penalties that 
     may be prescribed by law, to a civil money penalty of not 
     more than $20,000 for each such violation.
       (B) Procedures for imposition of penalty.--Any penalty 
     under subparagraph (A) 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.
       (c) Study.--The Attorney General, in consultation with the 
     Commissioner of Immigration and Naturalization and the 
     Director of the Violence Against Women Initiative of the 
     Department of Justice, shall conduct a study of mail-order 
     marriages to determine, among other things--
       (1) the number of such marriages;
       (2) the extent of marriage fraud in such marriages, 
     including an estimate of the extent of marriage fraud arising 
     from 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 suspension of deportation in certain cases involving 
     abuse), or section 204(a)(1)(A)(iii) of such Act (providing 
     for certain aliens who have been abused to file a 
     classification petition on their own behalf);
       (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 and the Immigration Marriage Fraud 
     Amendments of 1986 with respect to mail-order marriages.
       (d) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary of the House of 
     Representatives and of the Senate setting forth the results 
     of the study conducted under subsection (c).

[[Page H10889]]

       (e) Definitions.--As used in this section:
       (1) International matchmaking organization.--
       (A) In general.--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 aliens lawfully admitted for permanent residence, dating, 
     matrimonial, or social referral services to nonresident 
     noncitizens, by--
       (i) an exchange of names, telephone numbers, addresses, or 
     statistics;
       (ii) selection of photographs; or
       (iii) a social environment provided by the organization in 
     a country other than the United States.
       (B) Exception.--Such term does not include a traditional 
     matchmaking organization of a religious nature that otherwise 
     operates in compliance with the laws of the countries of the 
     recruits of such organization and the laws of 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 aliens lawfully admitted for permanent residence.

     SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS 
                   PROGRAM.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that the H2-A nonimmigrant worker program should be reviewed 
     and may need improvement in order to meet the need of 
     producers of labor-intensive agricultural commodities and 
     livestock in the United States for an adequate workforce.
       (b) Review.--The Comptroller General shall review the 
     effectiveness of the H-2A nonimmigrant worker program to 
     ensure that the program provides a sufficient supply of 
     agricultural labor in the event of future shortages of 
     domestic workers after the enactment of this Act. Among other 
     things, the Comptroller General shall review the H-2A 
     nonimmigrant worker program to determine--
       (1) whether 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) whether the program ensures that there is timely 
     approval of applications for temporary foreign workers under 
     the program in the event of shortages of United States 
     workers after the date of the enactment of this Act;
       (3) whether the program ensures that implementation of the 
     program is not displacing United States agricultural workers 
     or diminishing the terms and conditions of employment of 
     United States agricultural workers;
       (4) if, and to what extent, the program is contributing to 
     the problem of illegal immigration; and
       (5) that the program adequately meets the needs of 
     agricultural employers for all types of temporary foreign 
     agricultural workers, including higher-skilled workers in 
     occupations which require a level of specific vocational 
     preparation of 4 or higher (as described in the 4th edition 
     of the Dictionary of Occupational Title, published by the 
     Department of Labor).
       (c) Report.--Not later than December 31, 1996, or 3 months 
     after the date of the enactment of this Act, whichever occurs 
     earlier, the Comptroller General shall submit a report to the 
     appropriate committees of the Congress setting forth the 
     conclusions of the Comptroller General from 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.
       (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. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN 
                   CUSTOMS AGENTS.

       (a) Study and Review.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Commissioner of the United 
     States Customs Service shall initiate a study of harassment 
     by Canadian customs agents allegedly undertaken 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 and the discriminatory imposition of 
     the New Brunswick provincial sales tax on goods purchased in 
     the United States by New Brunswick residents, and with any 
     other actions taken by the Canadian provincial governments to 
     deter cross-border commercial activities.
       (2) Consultation.--In conducting the study under paragraph 
     (1), the Commissioner of the United States Customs Service 
     shall consult with representatives of the State of Maine, 
     local governments, local businesses, and any other 
     knowledgeable persons who the Commissioner considers to be 
     important to the completion of the study.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Commissioner of the United States 
     Customs Service shall submit to the Committees on the 
     Judiciary of the House of Representatives and of the Senate a 
     report on the study and review conducted under subsection 
     (a). The report shall include recommendations for steps that 
     the United States Government can take to help end any 
     harassment by Canadian customs agents that is found to have 
     occurred.

     SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF 
                   NEW BRUNSWICK PROVINCIAL SALES TAX.

       (a) Findings.--The Congress finds as follows:
       (1) In July 1993, Canadian customs officers began 
     collecting an 11 percent New Brunswick provincial sales 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 effected only 
     along the United States-Canadian border, not along New 
     Brunswick's borders with other Canadian provinces; the tax is 
     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 publicly stated an intention to seek redress 
     from the discriminatory application of the New Brunswick 
     provincial sales tax 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.
       (5) Initially, the United States Trade Representative 
     argued that filing a New Brunswick provincial sales tax 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 claim has still not been 
     put forward by the United States Trade Representative.
       (b) Sense of Congress.--It is the sense of the 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--
       (A) raises questions about a possible violation of the 
     North American Free Trade Agreement in the discriminatory 
     application of the tax to cross-border trade with the United 
     States; and
       (B) 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 violation.

     SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

       (a) Birth Certificates.--
       (1) Standards for acceptance by Federal agencies.--
       (A) In general.--
       (i) General rule.--Subject to clause (ii), a Federal agency 
     may not accept for any official purpose a certificate of 
     birth, unless the certificate--

       (I) is a birth certificate (as defined in paragraph (3)); 
     and
       (II) conforms to the standards set forth in the regulation 
     promulgated under subparagraph (B).

       (ii) Applicability.--Clause (i) shall apply only to a 
     certificate of birth issued after the day that is 3 years 
     after the date of the promulgation of a final regulation 
     under subparagraph (B). Clause (i) shall not be construed to 
     prevent a Federal agency from accepting for official purposes 
     any certificate of birth issued on or before such day.
       (B) Regulation.--
       (i) Consultation with government agencies.--The President 
     shall select 1 or more Federal agencies to consult with State 
     vital statistics offices, and with other appropriate Federal 
     agencies designated by the President, for the purpose of 
     developing appropriate standards for birth certificates that 
     may be accepted for official purposes by Federal agencies, as 
     provided in subparagraph (A).
       (ii) Selection of lead agency.--Of the Federal agencies 
     selected under clause (i), the President shall select 1 
     agency to promulgate, upon the conclusion of the consultation 
     conducted under such clause, a regulation establishing 
     standards of the type described in such clause.
       (iii) Deadline.--The agency selected under clause (ii) 
     shall promulgate a final regulation under such clause not 
     later than the date that is 1 year after the date of the 
     enactment of this Act.
       (iv) Minimum requirements.--The standards established under 
     this subparagraph--

       (I) at a minimum, shall require certification of the birth 
     certificate by the State or local custodian of record that 
     issued the certificate, and shall require the use of safety 
     paper, the seal of the issuing custodian of record, and other 
     features designed to limit tampering, counterfeiting, and 
     photocopying, or otherwise duplicating, the birth certificate 
     for fraudulent purposes;
       (II) may not require a single design to which birth 
     certificates issued by all States must conform; and
       (III) shall accommodate the differences between the States 
     in the manner and form in which birth records are stored and 
     birth certificates are produced from such records.

       (2) Grants to states.--
       (A) Assistance in meeting federal standards.--
       (i) In general.--Beginning on the date a final regulation 
     is promulgated under paragraph (1)(B), the Secretary of 
     Health and Human Services, acting through the Director of the 
     National Center for Health Statistics and after consulting 
     with the head of any other agency designated by the 
     President, shall make grants to States to assist them in 
     issuing birth certificates that conform to the standards set 
     forth in the regulation.
       (ii) Allocation of grants.--The Secretary shall provide 
     grants to States under this subparagraph in proportion to the 
     populations of

[[Page H10890]]

     the States applying to receive a grant and in an amount 
     needed to provide a substantial incentive for States to issue 
     birth certificates that conform to the standards described in 
     clause (i).
       (B) Assistance in matching birth and death records.--
       (i) In general.--The Secretary of Health and Human 
     Services, acting through the Director of the National Center 
     for Health Statistics and after consulting with the head of 
     any other agency designated by the President, shall make 
     grants to States to assist them in developing 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, a State that 
     receives a grant under this subparagraph shall focus first on 
     individuals born after 1950.
       (ii) Allocation and amount of grants.--The Secretary shall 
     provide grants to States under this subparagraph in 
     proportion to the populations of the States applying to 
     receive a grant and in an amount needed to provide a 
     substantial incentive for States to develop the capability 
     described in clause (i).
       (C) Demonstration projects.--The Secretary of Health and 
     Human Services, acting through the Director of the National 
     Center for Health Statistics, shall make grants to States for 
     a project in each of 5 States to demonstrate the feasibility 
     of a system under which persons otherwise required to report 
     the death of individuals to a State would be required to 
     provide to the State's office of vital statistics sufficient 
     information to establish the fact of death of every 
     individual dying in the State within 24 hours of acquiring 
     the information.
       (3) Birth Certificate.--As used in this subsection, the 
     term ``birth certificate'' means a certificate of birth--
       (A) of--
       (i) an individual born in the United States; or
       (ii) an individual born abroad--

       (I) who is a citizen or national of the United States at 
     birth; and
       (II) whose birth is registered in the United States; and

       (B) that--
       (i) is a copy, issued by a State or local authorized 
     custodian of record, of an original certificate of birth 
     issued by such custodian of record; or
       (ii) was issued by a State or local authorized custodian of 
     record and was produced from birth records maintained by such 
     custodian of record.
       (b) State-Issued Drivers Licenses and Comparable 
     Identification Documents.--
       (1) Standards for acceptance by Federal agencies.--
       (A) In general.--A Federal agency may not accept for any 
     identification-related purpose a driver's license, or other 
     comparable identification document, issued by a State, unless 
     the license or document satisfies the following requirements:
       (i) Application process.--The application process for the 
     license or 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.
       (ii) Social security number.--Except as provided in 
     subparagraph (B), the license or document shall contain a 
     social security account number that can be read visually or 
     by electronic means.
       (iii) Form.--The license or document otherwise 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. The form shall contain security features 
     designed to limit tampering, counterfeiting, photocopying, or 
     otherwise duplicating, the license or document for fraudulent 
     purposes and to limit use of the license or document by 
     impostors.
       (B) Exception.--The requirement in subparagraph (A)(ii) 
     shall not apply with respect to a driver's license or other 
     comparable identification document issued by a State, if the 
     State--
       (i) does not require the license or document to contain a 
     social security account number; and
       (ii) requires--

       (I) every applicant for a driver's license, or other 
     comparable identification document, to submit the applicant's 
     social security account number; and
       (II) an agency of the State to verify with the Social 
     Security Administration that such account number is valid.

       (C) Deadline.--The Secretary of Transportation shall 
     promulgate the regulations referred to in clauses (i) and 
     (iii) of subparagraph (A) not later than 1 year after the 
     date of the enactment of this Act.
       (2) Grants to states.--Beginning on the date final 
     regulations are promulgated under paragraph (1), the 
     Secretary of Transportation shall make grants to States to 
     assist them in issuing driver's licenses and other comparable 
     identification documents that satisfy the requirements under 
     such paragraph.
       (3) Effective dates.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, this subsection shall take effect on the date of 
     the enactment of this Act.
       (B) Prohibition on federal agencies.--Subparagraphs (A) and 
     (B) of paragraph (1) shall take effect beginning on October 
     1, 2000, but shall apply only to licenses or documents issued 
     to an individual for the first time and to replacement or 
     renewal licenses or documents issued according to State law.
       (c) Report.--Not later than 1 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.
       (d) Federal Agency Defined.--For purposes of this section, 
     the term ``Federal agency'' means any of the following:
       (1) An Executive agency (as defined in section 105 of title 
     5, United States Code).
       (2) A military department (as defined in section 102 of 
     such title).
       (3) An agency in the legislative branch of the Government 
     of the United States.
       (4) An agency in the judicial branch of the Government of 
     the United States.

     SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT 
                   SOCIAL SECURITY CARD.

       (a) Development.--
       (1) In general.--The Commissioner of Social Security (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--
       (A) shall be made of a durable, tamper-resistant material 
     such as plastic or polyester;
       (B) shall employ technologies that provide security 
     features, such as magnetic stripes, holograms, and integrated 
     circuits; and
       (C) shall 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 
     shall provide such information and assistance as the 
     Commissioner deems necessary to achieve the purposes of this 
     section.
       (b) Studies and Reports.--
       (1) In general.--The Comptroller General and the 
     Commissioner of Social Security shall each conduct a study, 
     and issue a report to the Congress, that examines different 
     methods of improving the social security card application 
     process.
       (2) Elements of studies.--The studies shall include 
     evaluations 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 studies 
     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 reports.--Copies of the reports 
     described in this subsection, along with facsimiles of the 
     prototype cards 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 not later than 1 year after the 
     date of the enactment of this Act.

     SEC. 658. 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. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE 
                   IMMIGRATION AND NATURALIZATION SERVICE.

       It is the sense of the Congress that the mission statement 
     of the Immigration and Naturalization Service should include 
     a statement that it is the responsibility of the Service to 
     detect, apprehend, and remove those aliens unlawfully present 
     in the United States, particularly those aliens involved in 
     drug trafficking or other criminal activity.

     SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN 
                   TRANSPORTATION OF CERTAIN ALIENS.

       Section 112(d)(1) of title 32, United States Code, is 
     amended by adding at the end the following new sentence: 
     ``The plan as approved by the Secretary may provide for the 
     use of personnel and equipment of the National Guard of that 
     State to assist the Immigration and Naturalization Service in 
     the transportation of aliens who have violated a Federal or 
     State law prohibiting or regulating the possession, use, or 
     distribution of a controlled substance.''.
                   Subtitle E--Technical Corrections

     SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) Amendments Relating to Public Law 103-322 (Violent 
     Crime Control and Law Enforcement Act of 1994).--
       (1) Section 60024(1)(F) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322) (in this 
     subsection referred to as ``VCCLEA'') is amended by inserting 
     ``United States Code,'' after ``title 18,''.
       (2) Section 130003(b)(3) of VCCLEA is amended by striking 
     ``Naturalization'' and inserting ``Nationality''.
       (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
     redesignating the subsection (j), added by section 
     130003(b)(2) of VCCLEA (108 Stat. 2025), and the subsection 
     (k), as amended by section 622(c), as subsections (k) and 
     (l), respectively.
       (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
     amended by striking ``214(j)'' and inserting ``214(k)''.
       (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
     redesignating the subsection (i) added by section 
     130003(c)(1) of VCCLEA as subsection (j).

[[Page H10891]]

       (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
     1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of 
     VCCLEA and before redesignation by section 305(a)(2), is 
     amended by striking ``245(i)'' and inserting ``245(j)''.
       (5) Section 245(j)(3), as added by section 130003(c)(1) of 
     VCCLEA and as redesignated by paragraph (4)(A), is amended by 
     striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
     (1) or (2)''.
       (6) Section 130007(a) of VCCLEA is amended by striking 
     ``242A(d)'' and inserting ``242A(a)(3)''.
       (7) The amendments made by this subsection shall be 
     effective as if included in the enactment of the VCCLEA.
       (b) Amendments Relating to Immigration and Nationality 
     Technical Corrections Act of 1994.--
       (1) Section 101(d) of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416) (in 
     this subsection referred to as ``INTCA'') is amended--
       (A) by striking ``Application'' and all that follows 
     through ``This'' and inserting ``Applicability of 
     Transmission Requirements.--This'';
       (B) by striking ``any residency or other retention 
     requirements for'' and inserting ``the application of any 
     provision of law relating to residence or physical presence 
     in the United States for purposes of transmitting United 
     States''; and
       (C) by striking ``as in effect'' and all that follows 
     through the end and inserting ``to any person whose claim is 
     based on the amendment made by subsection (a) or through whom 
     such a claim is derived.''.
       (2) Section 102 of INTCA is amended by adding at the end 
     the following:
       ``(e) Transition.--In applying the amendment made by 
     subsection (a) to children born before November 14, 1986, any 
     reference in the matter inserted by such amendment to `five 
     years, at least two of which' is deemed a reference to `10 
     years, at least 5 of which'.''.
       (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by 
     section 105(a)(2)(A) of INTCA, is amended by striking the 
     comma after ``nationality''.
       (4) Section 207(2) of INTCA is amended by inserting a comma 
     after ``specified''.
       (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended in 
     subparagraph (K)(ii), by striking the comma after ``1588''.
       (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by 
     section 209(a) of INTCA, is amended by striking ``remain'' 
     and inserting ``remains''.
       (7) Section 209(a)(1) of INTCA is amended by striking 
     ``$3000'' and inserting ``$3,000''.
       (8) Section 209(b) of INTCA is amended by striking 
     ``subsection'' and inserting ``section''.
       (9) Section 219(cc) of INTCA is amended by striking `` 
     `year 1993 the first place it appears' '' and inserting `` 
     `year 1993' the first place it appears''.
       (10) Section 219(ee) of INTCA is amended by adding at the 
     end the following:
       ``(3) The amendments made by this subsection shall take 
     effect on the date of the enactment of this Act.''.
       (11) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
     1356(r)) are amended by inserting ``the'' before ``Fund'' 
     each place it appears.
       (12) Section 221 of INTCA is amended--
       (A) by striking each semicolon and inserting a comma,
       (B) by striking ``disasters.'' and inserting 
     ``disasters,''; and
       (C) by striking ``The official'' and inserting ``the 
     official''.
       (13) Section 242A (8 U.S.C. 1252a), as added by section 
     224(a) of INTCA and before redesignation as section 238 by 
     section 308(b)(5), is amended by redesignating subsection (d) 
     as subsection (c).
       (14) Except as otherwise provided in this subsection, the 
     amendments made by this subsection shall take effect as if 
     included in the enactment of INTCA.
       (c) Amendments Relating to Public Law 104-132 
     (Antiterrorism and Effective Death Penalty Act of 1996).--
       (1) Section 219 (8 U.S.C. 1189), as added by section 302(a) 
     of Antiterrorism and Effective Death Penalty Act of 1996 
     (Public Law 104-132) (in this subsection referred to as 
     ``AEDPA''), is amended by striking the heading and all that 
     follows through ``(a)'' and inserting the following:


            ``designation of foreign terrorist organizations

       ``Sec. 219. (a)''.
       (2) Section 302(b) of AEDPA is amended by striking ``, 
     relating to terrorism,''.
       (3) Section 106(a) (8 U.S.C. 1105a(a)), as amended by 
     sections 401(e) and 440(a) of AEDPA, is amended--
       (A) by striking ``and'' at the end of paragraph (8);
       (B) by striking the period at the end of paragraph (9) and 
     inserting ``; and''; and
       (C) in paragraph (10), by striking ``Any'' and inserting 
     ``any''.
       (4) Section 440(a) of the AEDPA is amended by striking 
     ``Section 106 of the Immigration and Nationality Act (8 
     U.S.C. 1105a(a)(10)) is amended to read as follows:'' and 
     inserting ``Section 106(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1105a(a)) is amended by adding at the end the 
     following:''.
       (5) Section 440(g)(1)(A) of AEDPA is amended--
       (A) by striking ``of this title''; and
       (B) by striking the period after ``241(a)(2)(A)(i)''.
       (6) Section 440(g) of AEDPA is amended by striking 
     paragraph (2).
       (7) The amendments made by this subsection shall take 
     effect as if included in the enactment of subtitle A of title 
     IV of AEPDA.
       (d) Striking References to Section 210A.--
       (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) is 
     amended by striking ``, 210A,''.
       (B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is 
     amended by striking ``, 210A(a),''.
       (C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
     redesignation by section 305(a)(2), is amended by striking 
     subparagraph (F).
       (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
     Reform and Control Act of 1986 are each amended by striking 
     ``, 210A,''.
       (e) Miscellaneous Changes in the Immigration and 
     Nationality Act.--
       (1) Before being amended by section 308(a)(2), the item in 
     the table of contents relating to section 242A is amended to 
     read as follows:

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

       (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
     striking ``, 321, and 322'' and inserting ``and 321''.
       (3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by 
     inserting a comma after ``(4) thereof)''.
       (4) Pursuant to section 6(b) of Public Law 103-272 (108 
     Stat. 1378)--
       (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended by 
     striking ``section 101(3) of the Federal Aviation Act of 
     1958'' and inserting ``section 40102(a)(2) of title 49, 
     United States Code''; and
       (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is amended by 
     striking ``section 105 or 106 of the Hazardous Materials 
     Transportation Act (49 U.S.C. App. 1804, 1805)'' and 
     inserting ``section 5103(b), 5104, 5106, 5107, or 5110 of 
     title 49, United States Code''.
       (5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is 
     amended by inserting a period after ``expended''.
       (6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
     amended--
       (A) by striking ``and'' at the end of clause (iv);
       (B) by moving clauses (v) and (vi) 2 ems to the left;
       (C) by striking ``; and'' in clauses (v) and (vi) and 
     inserting ``and for'';
       (D) by striking the colons in clauses (v) and (vi); and
       (E) by striking the period at the end of clause (v) and 
     inserting ``; and''.
       (7) Section 412(b) (8 U.S.C. 1522(b)) is amended by 
     striking the comma after ``is authorized'' in paragraph (3) 
     and after ``The Secretary'' in paragraph (4).
       (f) Miscellaneous Change in the Immigration Act of 1990.--
     Section 161(c)(3) of the Immigration Act of 1990 is amended 
     by striking ``an an'' and inserting ``of an''.
       (g) Miscellaneous Changes in Other Acts.--
       (1) Section 506(a) of the Intelligence Authorization Act, 
     Fiscal Year 1990 (Public Law 101-193) is amended by striking 
     ``this section'' and inserting ``such section''.
       (2) Section 140 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995, as amended by section 505(2) of 
     Public Law 103-317, is amended--
       (A) by moving the indentation of subsections (f) and (g) 2 
     ems to the left; and
       (B) in subsection (g), by striking ``(g)'' and all that 
     follows through ``shall'' and inserting ``(g) Subsections (d) 
     and (e) shall''.
       And the Senate agree to the same.

     Henry Hyde,
     Lamar Smith,
     Elton Gallegly,
     Bill McCollum,
     Bob Goodlatte,
     Ed Bryant,
     Sonny Bono,
     Bill Goodling,
     Randy ``Duke'' Cunningham,
     Howard P. ``Buck'' McKeon,
     E. Clay Shaw, Jr.,
                                Managers on the Part of the House.

     Orrin Hatch,
     Al Simpson,
     Chuck Grassley,
     Jon Kyl,
     Arlen Specter,
     Strom Thurmond,
     Dianne Feinstein,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to 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, submit the following joint statement 
     to the House and the Senate in explanation of the effect of 
     the action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to

[[Page H10892]]

     in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.

 Title I--Improvements to Border Control, Facilitation of Legal Entry, 
                        and Interior Enforcement


             Subtitle A--Improved Enforcement at the Border

       Section 101--House recedes to sections 101 (a) and (b) of 
     the Senate amendment, with modifications, and the Senate 
     recedes to House section 101(c) with modifications. This 
     section increases the number of Border Patrol agents by 1000 
     per year from FY 1997 through 2001. It further provides that 
     the Attorney General, in each fiscal year from 1997 through 
     2001, may increase by 300 the number of support personnel for 
     the Border Patrol. The additional border patrol agents are to 
     be deployed in sectors along the border in proportion to the 
     level of illegal crossings of the border in such sectors. 
     Border Patrol resources should be used primarily at the 
     border to deter illegal crossings and to apprehend at the 
     earliest possible juncture those who have made such 
     crossings. This section also requires the forward deployment 
     of Border Patrol agents to provide a visible deterrent to 
     illegal immigration, and includes the requirement in Senate 
     amendment section 109 regarding the preservation of 
     immigration enforcement functions in interior areas. The 
     managers intend that for purposes of this section, border 
     sectors shall include coastal areas of the United States. The 
     managers also intend, as a further deterrent to repeat 
     illegal crossings, that available resources be made used to 
     detain and prosecute aliens who repeatedly violate section 
     275(a) of the Immigration and Nationality Act.
       Section 102--Senate amendment section 108 recedes to House 
     section 102, with modifications, including the substantive 
     provisions of sections 109 and 327 of the Senate amendment. 
     This section requires the Attorney General to install 
     additional fences and roads to deter illegal immigration. In 
     the San Diego sector, it calls for extension of the new 
     fencing to a point 14 miles east of the Pacific Ocean, and 
     the construction of second and third fences, with roads 
     between the fences, to provide an additional deterrent. This 
     section includes a proviso (from Senate amendment section 
     108) that the design of such fencing incorporate features 
     necessary to ensure the safety of Border Patrol agents. This 
     section also includes provisions based on Senate amendment 
     section 327 to enhance the Attorney General's ability to 
     acquire property along the border for purposes of improving 
     border controls. This section also provides for a limited 
     waiver of the Endangered Species Act of 1973 and the National 
     Environmental Policy Act of 1969 in order to facilitate a 
     uniform construction of necessary fences and roads.
       Section 103--Senate amendment section 179 recedes to House 
     section 103. This section authorizes the acquisition by the 
     Attorney General of improved equipment and technology to 
     deter illegal immigration on the border.
        Section 104--Senate recedes to House sections 104(a) and 
     104(b). This section requires improvement in the Border 
     Crossing Identification Card, a document issued in lieu of a 
     visa to aliens from Canada and Mexico for short-term visits 
     within a designated distance from the border. Such cards are 
     frequently counterfeited and used by impostors. The new cards 
     issued under this section will be machine-readable and 
     contain security features to prevent use by impostors.
        Section 105--Senate recedes to House section 105. This 
     section provides for civil money penalties for aliens 
     apprehended while entering or attempting to enter the United 
     States other than at a lawful port of entry.
        Section 106--House section 107 recedes to Senate amendment 
     section 107. This section requires the Attorney General to 
     review within 60 days of enactment all hiring standards of 
     the INS, and within 180 days of enactment all training 
     standards of the INS. The Attorney General shall submit a 
     certification in each of fiscal years 1997 through 2000 that 
     all personnel hired in that year were hired in accordance 
     with appropriate standards. The Attorney General also shall 
     submit a report based on the review of training standards 
     describing the status of efforts to improve such standards.
        Section 107--Senate recedes to House section 108, with 
     modification. This section requires the Comptroller General, 
     with the cooperation of the Attorney General and in 
     consultation with the Secretary of State and the Secretary of 
     Defense, to track, monitor, and evaluate efforts to deter 
     illegal entry into the United States. The Comptroller General 
     shall report his findings to the Committees on the Judiciary 
     of the Senate and the House of Representatives within 1 year 
     from the date of enactment and every year thereafter through 
     FY 2000. The report shall include recommendations to increase 
     border security at the land border and at ports of entry.
        Section 108--House recedes to Senate amendment section 
     304. This section amends chapter 35 of title 18 to add a new 
     section 758, making high-speed flight from an INS checkpoint 
     a felony punishable by up to 5 years in prison. This section 
     also amends INA section 241(a)(2)(A) to make an alien 
     convicted of this offense deportable.
        Section 109--House recedes to Senate amendment section 
     173. This section requires the Attorney General, together 
     with the Secretary of State, the Secretary of the Treasury, 
     and representatives of the air transport industry, to develop 
     a plan for automated data collection at ports of entry. The 
     Attorney General shall report to the Committees on the 
     Judiciary of the House of Representatives and the Senate 
     within 9 months of the date of enactment regarding the 
     outcome of this joint initiative, including recommendations 
     for legislation.
       Section 110--House recedes to Senate amendment section 174, 
     with modifications to include most of the substantive 
     requirements from House section 113. This section will 
     require the Attorney General within 2 years of enactment to 
     establish an automated entry and exit control system that 
     will (1) collect a record of departure for every alien 
     departing the United States and match the record of departure 
     with the record of the alien's arrival in the United States, 
     and (2) enable the identification of lawfully admitted 
     nonimmigrants who remain in the United States beyond the 
     period authorized by the Attorney General. The Commissioner 
     of the INS must submit an annual report to the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     on the operation of the system, including information on the 
     number of departure records collected, the number of records 
     successfully matched to records of arrival, and the number of 
     nonimmigrants and other visitors for whom no matching 
     departure record was obtained. All of this information shall 
     include accounting by country of nationality of the arriving 
     and departing aliens. Information on visa overstays 
     identified through the entry and exit control system shall be 
     integrated into appropriate data bases of the INS and the 
     Department of State, including those used at ports of entry 
     and consular offices.
        Section 111--House recedes to Senate amendment section 
     322, with modifications. This section requires the Attorney 
     General to submit a report by September 30, 1996, to the 
     Committees on the Judiciary of the House of Representatives 
     and of the Senate regarding the redeployment of border patrol 
     agents.
        Section 112--House recedes to Senate amendment section 
     120C. This section authorizes the appropriation of funds to 
     ensure that the ``IDENT'' program operated by the Immigration 
     and Naturalization Service (INS) is expanded to apply to all 
     apprehended illegal and criminal aliens.
        Section 113--Senate recedes to House section 106, with 
     modification.


                Subtitle B--Facilitation of Legal Entry

        Section 121--House section 701 recedes to Senate amendment 
     section 103, with modification. This section will require the 
     Attorney General and Secretary of the Treasury to increase in 
     FY 1997 and 1998 the number of full-time land border 
     inspectors of the INS and the Customs Service to levels 
     adequate to assure full staffing during peak crossing hours 
     of all border crossing lanes currently in use, under 
     construction, or authorized to be constructed.
        Section 122--Senate amendment section 213 recedes to House 
     section 702, with modifications. This section will extend the 
     authority under INA section 286(q) for commuter lane pilot 
     programs through FY 2000, and raise to 6 the maximum number 
     of such pilots. It also includes the authorization in Senate 
     amendment section 213(b)(2) for the Attorney General to 
     conduct pilot projects for automated entry, using card 
     reading or similar technology, at land border ports of entry 
     after hours of normal operation have ended.
        Section 123--Senate recedes to House section 703, with 
     modifications. This section amends the INA to create a new 
     section 235A, providing for the establishment within 2 years 
     of enactment of preinspection stations at 5 of the 10 foreign 
     airports serving as the last points of departure for the 
     greatest number of inadmissible passengers arriving by air in 
     the United States. Not later than 4 years after enactment, 
     the Attorney General shall establish preinspection stations 
     in at least 5 additional foreign airports, on the basis of 
     most effectively reducing the number of inadmissible aliens 
     who arrive in the United States. This section also requires 
     the Attorney General to compile data arising from the 
     operation of preinspection stations, and to establish a 
     carrier consultant program to deter boarding by aliens 
     inadmissible to the United States.
        Section 124--Senate recedes to House section 704. This 
     section amends INA section 286(h)(2)(A)(iv) to provide that 
     funds may be expended from the Immigration User Fee Account 
     for the training of commercial airline personnel in the 
     detection of fraudulent documents, and that not less than 5 
     percent of the funds expended out of the Account in a given 
     fiscal year shall be for this purpose. This section also 
     amends INA section 212(f) to provide that if a commercial 
     airline has failed to comply with regulations of the Attorney 
     General relating to the detection of fraudulent documents, 
     including the training of personnel, the Attorney General may 
     suspend the entry of aliens transported to the U.S. by the 
     airline.
        Section 125--House recedes to Senate amendment section 
     330. This section amends INA section 103(a) to provide that 
     the Attorney General may authorize officers of a foreign 
     country to be stationed at preclearance stations in the 
     United States to ensure that persons traveling from or 
     through the United States to that foreign country comply with 
     that country's immigration and related laws.

[[Page H10893]]

      Such officers shall be authorized to perform duties, and 
     shall enjoy such privileges and immunities necessary for the 
     performance of such duties, as are granted to United States 
     immigration officers in that foreign country under reciprocal 
     agreement.


                    Subtitle C--Interior Enforcement

        Section 131--House sections 121 and 404 recede to Senate 
     amendment section 102, with modifications. This section will 
     authorize an increase in the number of INS investigators and 
     support personnel assigned to investigate violations of INA 
     sections 274A (employer sanctions) and 274C (civil document 
     fraud) by 300 in each of FY 1997, 1998, and 1999. Not less 
     than half of these newly-hired investigators shall be 
     assigned to investigate potential violations of section 274A.
        Section 132--House recedes to Senate amendment section 
     104. This section authorizes the appropriation of funds 
     necessary to increase the number of investigators and support 
     personnel to investigate visa overstayers by 300 in FY 1997.
       Section 133--House sections 122 and 365 recede to Senate 
     amendment section 184, with modifications. This section 
     amends INA section 287 to permit the Attorney General to 
     enter into written agreements with State and local 
     authorities to designate qualified officers or employees of 
     the State or locality to perform immigration enforcement 
     functions pertaining to the investigation, apprehension, or 
     detention of aliens unlawfully in the United States, 
     including the transportation of aliens across State lines to 
     detention centers. Such functions shall be carried out at 
     State or local expense and the designated officers and 
     employees shall operate under the direction of the Attorney 
     General.
       Section 134--House recedes to Senate amendment section 316, 
     with modification. This amendment directs that each State be 
     allocated at least 10 active-duty INS agents.

 Title II--Enhanced Enforcement and Penalties Against Alien Smuggling 
                           and Document Fraud


 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

       Section 201--House section 201 recedes to Senate amendment 
     section 121. This section amends 18 U.S.C. 2516(1) to give 
     INS the authority under such section to use wiretaps in 
     investigations of alien smuggling and document fraud 
     offenses.
       Section 202--Senate amendment section 122 recedes to House 
     section 202, with modifications. This section amends 18 
     U.S.C. 1961(1) to include as racketeering offenses acts 
     indictable as document fraud crimes under title 18 (including 
     the naturalization and citizenship document offenses 
     specified in the Senate bill) or as alien smuggling offenses 
     under section 274, 277, and 278 of the Immigration and 
     Nationality Act. The offenses under the INA may be considered 
     as RICO predicates only if committed for the purpose of 
     financial gain.
       Section 203(a)--Senate recedes to House section 203(a)(1). 
     This provision amends INA section 274(a)(1) to increase 
     criminal penalties in cases where an offense relating to 
     alien smuggling, harboring, inducement, or transportation is 
     done for the purpose of financial gain.
       Section 203(b)--House section 203(a)(2) recedes to Senate 
     amendment sections 123(a) (1) and (2). This provision amends 
     INA section 274 to specify criminal penalties for those who 
     engage in a conspiracy to violate alien smuggling, 
     inducement, harboring, and transportation prohibitions, and 
     for those who aid and abet such crimes. Senate amendment 
     sections 123(a)(3)(B) and 123(b) recede to House section 
     203(b), as modified. This provision will increase penalties 
     under section 274(b) to up to 10 years imprisonment, and up 
     to 15 years for a third or subsequent offense, for certain 
     alien smuggling violations. House recedes to Senate amendment 
     section 123(a)(4), with modifications. This provision creates 
     a new offense for an employer to hire an alien who the 
     employer knows is not authorized to be employed in the United 
     States, and who the employer also knows was brought into the 
     United States in violation of INA section 274(a). In order to 
     be liable under this provision, the employer must have actual 
     knowledge both of the alien's unauthorized status and of the 
     fact that the alien was brought into the United States 
     illegally.
       Section 203(c)--Senate recedes to that portion of House 
     section 203(b) that creates a new offense under INA section 
     274(a) for smuggling an alien with reason to believe that the 
     alien will commit a crime in the United States.
       Section 203(d)--Senate amendment section 123(a)(3) recedes 
     to House section 203(c). This provision will change the 
     standard for calculating penalties for alien smuggling 
     crimes. Henceforth, an offense will be counted for each alien 
     smuggled, not, as under current law, for each transaction 
     regardless of the number of aliens involved.
       Section 203(e)-(f)--House recedes to Senate amendment 
     sections 123(c)-(e), with modifications. These provisions 
     require the United States Sentencing Commission to promulgate 
     or amend guidelines for offenders convicted of smuggling, 
     harboring, inducement, or transportation of illegal aliens; 
     provide emergency authority to the Sentencing Commission to 
     complete this task; and make section 203 of this Act (and the 
     amendments made thereby) applicable to offenses occurring on 
     or after the date of enactment.
       Section 204--Senate amendment section 120 recedes to House 
     section 204, with modifications. This section provides that 
     the number of Assistant United States Attorneys shall be 
     increased in fiscal year 1997 by at least 25, and that such 
     attorneys shall prosecute persons involved in smuggling or 
     harboring of illegal aliens, or other crimes involving 
     illegal aliens, which would include immigration document 
     fraud offenses relating to false identification documents, 
     visas, passports, and citizenship and naturalization 
     documents.
       Section 205--Senate amendment section 169 recedes to House 
     section 205. This section provides authority for the INS to 
     use appropriated funds for the establishment and operation of 
     undercover proprietary corporations or business entities.


 Subtitle B--Enhanced Enforcement and Penalties Against Document Fraud

       Section 211--Senate amendment section 127(a)(1) recedes to 
     House section 211(a). This provision increases the maximum 
     term of imprisonment for fraud and misuse of government-
     issued identification documents from 5 years to 15 years. The 
     sentence is increased to 20 years if the offense is committed 
     to facilitate a drug-trafficking crime, and to 25 years if 
     committed to facilitate an act of international terrorism. 
     House recedes to Senate amendment section 127(a)(2)-(4), as 
     modified. These provisions will increase penalties for 
     document fraud crimes under sections 1541-1544, 1546(a), and 
     1425-1427 of title 18 to 10 years for a first or second 
     offense, 15 years for a third or subsequent offense, with the 
     same enhancements for crimes committed to facilitate drug 
     trafficking (20 years) or international terrorism (25 years). 
     House section 211(b) recedes to Senate section 127(b)-(d). 
     These provisions require the United States Sentencing 
     Commission to promulgate or amend guidelines for offenders 
     convicted of document fraud offenses, provide emergency 
     authority to the Sentencing Commission to complete this task, 
     and make section 211 (and the amendments made thereby) 
     applicable to offenses occurring on or after the date of 
     enactment.
       Section 212--House sections 212 and 213 recede to Senate 
     amendment section 130, as modified. This section amends INA 
     section 274C, regarding civil penalties for document fraud, 
     to expand liability to those who engage in document fraud for 
     the purpose of obtaining a benefit under the INA. New 
     liability is established for those who prepare, file, or 
     assist another person in preparing or filing an application 
     for benefits with knowledge or in reckless disregard of the 
     fact that such application or document was falsely made. New 
     liability also is established for aliens who destroy travel 
     documents en route to the United States after having 
     presented such documents to board a common carrier to the 
     United States. A waiver from civil document fraud penalties 
     may be granted to an alien who is granted asylum or 
     withholding of deportation. The amendments made by this 
     section shall apply to offenses occurring on or after the 
     date of enactment.
       Section 213--House section 214 recedes to Senate amendment 
     section 129. This section amends INA section 274C by adding a 
     new subsection (e), providing that a person who fails to 
     disclose or conceals his role in preparing, for a fee or 
     other remuneration, a false application for benefits under 
     the INA is subject to imprisonment of not more than 5 years, 
     and is prohibited from preparing, whether or not for a fee or 
     other remuneration, any other such application. A person 
     convicted under this section who later prepares or assists in 
     preparing an application for immigration benefits, regardless 
     of whether for a fee or other remuneration, is subject to 
     imprisonment of not more than 15 years, and is prohibited 
     from preparing any other such application.
       Section 214--Senate amendment section 128 recedes to House 
     section 215. This section amends section 1546(a) of title 18 
     to provide that the penalty for knowingly presenting a 
     document which contains a false statement also extends to a 
     document which fails to contain any reasonable basis in law 
     or fact.
       Section 215--Senate recedes to House section 216. This 
     section amends section 1015 of title 18 by adding new 
     subparagraphs (e) and (f). New subparagraph (e) makes it 
     unlawful for any person to make a false claim to United 
     States citizenship or nationality for the purpose of 
     obtaining, for himself or any other person, any Federal 
     benefit or service or employment in the United States. New 
     subsection (f) makes it unlawful for any person to make a 
     false claim to United States citizenship in order to vote or 
     register to vote in any Federal, State, or local election, 
     including an initiative, recall, or referendum.
       Section 216--House recedes to Senate amendment section 
     217(a). This section amends title 18 to add a new section 
     611, making it unlawful for any alien to vote in any election 
     for Federal office, and subjects violators to fines and a 
     term of imprisonment of not more than 1 year.
       Section 217--This section merges House section 221 and 
     Senate amendment section 126. This section amends 18 U.S.C. 
     982(a) by adding a new paragraph (6), providing that a person 
     who is convicted of a violation of or of a conspiracy to 
     violate sections 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 
     1546 of title 18, or section 1028 of title 18, or section 
     274(a) of the INA, if committed in connection with passport 
     or visa issuance or use, shall forfeit any conveyance used in 
     the commission of the offense, as well as any property, real 
     or personal, which was used or intended to be used in 
     facilitating the violation, and any

[[Page H10894]]

     property constituting, derived from, or traceable to the 
     proceeds of the violation. The criminal forfeiture shall be 
     governed by the provisions of section 413 (other than 
     subsections (a) and (d)) of the Comprehensive Drug Abuse 
     Prevention and Control Act of 1970 (21 U.S.C. 853).
       Section 218--House recedes to Senate amendment section 131. 
     This section increases penalties for violations of sections 
     1581, 1583, 1584, and 1588 of title 18 (regarding involuntary 
     servitude, peonage, and slave trade offenses) from a maximum 
     of 5 years to 10 years imprisonment. The section also 
     requires the United States Sentencing Commission to ascertain 
     if there exists an unwarranted disparity between sentences 
     for such crimes and the sentences for kidnaping and alien 
     smuggling offenses, and further requires the Commission to 
     amend the Sentencing Guidelines to reduce or eliminate any 
     such unwarranted disparity and to ensure that the Sentencing 
     Guidelines reflect the heinous nature of such offenses as 
     well as aggravating factors such as large numbers of victims 
     and prolonged periods of peonage or involuntary servitude. 
     The section also provides emergency authority to the 
     Sentencing Commission to effect such changes.
       Section 219--House recedes to Senate amendment section 124. 
     This section permits the introduction of videotaped 
     deposition testimony, in trials involving offenses under 
     section 274 of the INA, of witnesses who have been deported 
     from the United States or who are otherwise unavailable to 
     testify, provided that there was an opportunity for cross-
     examination at such deposition. This provision will permit 
     the introduction, in trials for alien smuggling and related 
     offenses, of critical testimony from aliens who have been 
     smuggled into the United States, eliminating the need to 
     detain such aliens in the United States.
       Section 220--House recedes to Senate amendment section 
     120A(a)(2). This provision amends section 274C (pertaining to 
     civil penalties for document fraud) to provide that 
     immigration officers designated by the Attorney General may 
     use subpoena authority to compel the attendance of witnesses 
     and the production of documents in connection with 
     investigating a complaint of civil document fraud.

   Title III--Inspection, Apprehension, Detention, Adjudication, and 
             Removal of Inadmissible and Deportable Aliens


        Subtitle A--Revision of Procedures for Removal of Aliens

       Sec. 301(a)--Senate recedes to House section 301(a), with 
     modifications. Subsection (a) of this section amends INA 
     section 101(a)(13) by replacing the definition of ``entry'' 
     with a definition for ``admission'' and ``admitted'': the 
     lawful entry of an alien into the United States after 
     inspection and authorization by an immigration officer. An 
     alien who is paroled under INA section 212(d)(5) shall not be 
     considered to have been admitted. With certain specified 
     exceptions (including in the case of an individual who has 
     been absent from the United States for a period of greater 
     than 180 days or has committed an offense identified in 
     section 212(a)(2)), a returning lawful permanent resident 
     alien (LPR) shall not be considered to be seeking admission.
       Sec. 301(b)--Senate amendment sections 143(b) and 317 
     recede to House section 301(c), with modifications. This 
     subsection redesignates paragraph (9) of INA section 212(a) 
     as paragraph (10), and inserts a new paragraph (9). Under 
     this subsection, an alien ordered removed under revised INA 
     section 235(b)(1) (see explanation of section 302 of this Act 
     below), or at the end of proceedings under new section 240 
     (see explanation of section 304 of this Act below) that were 
     initiated upon the alien's arrival in the United States, is 
     inadmissible for a period of 5 years (or for 20 years in the 
     case of a second or subsequent removal and permanently in the 
     case of an alien convicted of an aggravated felony). An alien 
     otherwise ordered removed from the United States, or who has 
     departed the United States while an order of removal is 
     outstanding, shall be barred from admission for 10 years (or 
     for 20 years in the case of a second or subsequent removal, 
     and permanently in the case of an alien convicted of an 
     aggravated felony). These bars to readmission can be waived 
     (as in current law) if the Attorney General has given prior 
     consent to the alien's reapplying for admission.
       This subsection also provides that an alien unlawfully 
     present in the United States for a period of more than 180 
     days but less than 1 year who voluntarily departed the United 
     States is barred from admission for 3 years. An alien 
     unlawfully present for 1 year or more who voluntarily departs 
     is barred from admission for 10 years. An alien is unlawfully 
     present if the alien has been present in the United States 
     without admission or parole, or remains in the United States 
     beyond an authorized period of stay. No period of time in 
     which the alien was present in the United States under the 
     age of 18, as a bona fide applicant for asylum under section 
     208, or as a beneficiary of family unity protection, shall 
     count towards the aggregate 1- year period. The calculation 
     of time is suspended if the alien has filed a bona fide 
     application for change or extension of status, and such 
     application is approved. This bar shall not apply to an alien 
     described in new INA section 212(a)(6)(A)(ii) (battered 
     spouse or child). The bar also may be waived, in the sole and 
     unreviewable discretion of the Attorney General, for an 
     immigrant who is the spouse or son or daughter of a United 
     States citizen or lawful permanent resident, and the refusal 
     of admission to the alien would cause extreme hardship to 
     that citizen or lawfully resident spouse or parent.
       This subsection also provides that an alien who has been 
     present unlawfully in the United States for more than 1 year 
     or has been ordered removed from the United States, and who 
     subsequently enters or attempts to enter the United States 
     without being lawfully admitted, is permanently barred from 
     admission. Such an alien may be admitted not earlier than 10 
     years after the alien's last departure from the United 
     States, but only if the Attorney General gives prior consent 
     to the alien's reapplying for admission.
       Section 301(c)--Senate recedes to House section 301(b), 
     with modifications. This subsection states that an alien who 
     is present in the U.S. without being admitted or paroled, or 
     who has arrived in the U.S. at any time or place other than 
     as designated by the Attorney General, is inadmissible. This 
     ground of inadmissibility shall not apply if: (I) the alien 
     qualifies for immigrant status as the spouse or child of a 
     United States citizen or lawful permanent resident; (II) the 
     alien or the alien's child has been battered or subject to 
     extreme cruelty; and (III) there was a substantial connection 
     between the cruelty or battery and the alien's unlawful entry 
     into the United States. As a matter of transition, the 
     requirements under (II) and (III) shall not apply if the 
     alien establishes that he or she first entered the United 
     States prior to the effective date of Title III of this 
     legislation, as set forth in section 309(a). This subsection 
     also provides that an alien who without reasonable cause 
     fails to attend or remain in attendance at any proceeding 
     regarding the alien's removal from the United States is 
     barred from admission for 5 years.
       Section 301(d)--Senate recedes to House section 301(g), 
     which makes a number of conforming references regarding the 
     change in nomenclature in INA section 212(a) from 
     ``excludable'' to ``inadmissible.'' Subparagraph (B) of INA 
     section 241(a)(1) (entry without inspection) will be amended 
     to state that an alien present in the United States in 
     violation of law is deportable. The current category of 
     persons who are deportable because they have made an entry 
     without inspection will, under the amendments made by section 
     301(c) of this bill, instead be considered inadmissible under 
     revised paragraph (6)(A) of subsection 212(a).
       Section 302--Senate recedes to House section 302, with 
     modifications. This section will amend INA section 235, 
     regarding the inspection of aliens arriving in the U.S. New 
     section 235(a) provides that an alien present in the United 
     States who has not been admitted to the U.S., or who arrives 
     in the United States, (whether or not at a designated port of 
     arrival and including an alien who is brought to the United 
     States after having been interdicted in international or 
     United States waters), shall be deemed an applicant for 
     admission.
       An arriving alien who is a stowaway is not eligible to 
     apply for admission or to be admitted and shall be ordered 
     removed upon inspection by an immigration officer. A stowaway 
     shall not be eligible to apply for asylum in the United 
     States unless the stowaway establishes a credible fear of 
     persecution pursuant to the expedited review process in 
     section 235(b)(1).
       Aliens seeking admission, readmission, or transit through 
     the United States shall be inspected by an immigration 
     officer, who shall have the same authority to take statements 
     and receive evidence as under current INA section 235. An 
     alien applying for admission may, at the discretion of the 
     Attorney General, be permitted to withdraw the application 
     for admission and depart immediately from the United States.
       New section 235(b) establishes new procedures for the 
     inspection and in some cases removal of aliens arriving in 
     the United States.
       Expedited Removal of Arriving Aliens: New paragraph (b)(1) 
     provides that if an examining immigration officer determines 
     that an arriving alien is inadmissible under section 
     212(a)(6)(C) (fraud or misrepresentation) or 212(a)(7) (lack 
     of valid documents), the officer shall order the alien 
     removed without further hearing or review, unless the alien 
     states a fear of persecution or an intention to apply for 
     asylum. This provision shall not apply to an alien arriving 
     by air who is a national of a Western Hemisphere nation with 
     which the United States does not have diplomatic relations. 
     The provisions also may be applied, in the sole and 
     unreviewable discretion of the Attorney General, to an alien 
     who has not been paroled or admitted into the United States 
     and who cannot affirmatively show to an immigration officer 
     that he or she has been continuously present in the United 
     States for a period of 2 years immediately prior to the date 
     of the officer's determination. The purpose of these 
     provisions is to expedite the removal from the United States 
     of aliens who indisputably have no authorization to be 
     admitted to the United States, while providing an opportunity 
     for such an alien who claims asylum to have the merits of his 
     or her claim promptly assessed by officers with full 
     professional training in adjudicating asylum claims.
       An alien who states a fear of persecution or an intention 
     to apply for asylum shall be referred for interview by an 
     asylum officer, who is an immigration officer who has had 
     professional training in asylum law, country conditions, and 
     interview techniques comparable to that provided to full-time 
     adjudicators of asylum applications. The officer

[[Page H10895]]

     shall be, for purposes of determinations made under this 
     section, under the supervision of an immigration officer with 
     similar training and substantial experience in adjudicating 
     asylum applications. If the officer finds that the alien has 
     a credible fear of persecution, the alien shall be detained 
     for further consideration of the application for asylum under 
     normal non-expedited removal proceedings. If the alien does 
     not meet this standard and, if the alien requests 
     administrative review, the officer's decision is upheld by an 
     immigration judge, the alien will be ordered removed. To the 
     maximum extent practicable, review by the immigration judge 
     shall be completed within 24 hours, but in no case shall such 
     review take longer than 7 days. Throughout this process of 
     administrative review, the alien shall be detained by the 
     INS. An alien may consult with a person of his or her 
     choosing before the interview, at no expense to the 
     Government and without unreasonably delaying the interview. A 
     ``credible fear of persecution'' means that there is a 
     significant possibility, taking into account the credibility 
     of the statements made by the alien in support of the alien's 
     claim and such other facts as are known to the officer, that 
     the alien could establish eligibility for asylum.
       There is no other administrative review of a removal order 
     entered under this paragraph, but an alien claiming under 
     penalty of perjury to be lawfully admitted for permanent 
     residence, or to have been admitted as a refugee or granted 
     asylum, shall be entitled to administrative review of such an 
     order as the Attorney General shall provide by regulation. An 
     alien ordered removed under this paragraph may not make a 
     collateral attack against the order in a prosecution under 
     section 275(a) (illegal entry) or 276 (illegal reentry).
       The availability of judicial review is described below in 
     the explanation of section 306 of this Act.
       New paragraph (b)(2) provides that an alien determined to 
     be inadmissible by an immigration officer (other than an 
     alien subject to removal under paragraph (b)(1), or an alien 
     crewman or stowaway) shall be referred for a hearing before 
     an immigration judge under new section 240.
       Subsection (c) restates the provisions of current INA 
     section 235(c) regarding the removal of aliens arriving in 
     the United States who are inadmissible on national security 
     grounds. This subsection is not intended to apply in the case 
     of aliens who are inadmissible under new section 212(a)(6)(A) 
     because they are already present in the United States without 
     having been admitted or paroled. Such aliens could, however, 
     be subject to the special removal procedures provided in 
     Subtitle B of this Title.
       New subsection (d) restates provisions currently in INA 
     section 235(a) authorizing immigration officers to search 
     conveyances, administer oaths, and receive evidence, and to 
     issue subpoenas enforceable in a United States district 
     court.
       Section 303--Senate recedes to House section 303, with 
     modifications. This section amends INA section 236, as 
     described in the next paragraphs below. (The provisions in 
     current section 236 regarding hearings on the exclusion of 
     aliens are reflected in new section 240, as amended by 
     section 304 of this report.)
       New section 236(a) restates the current provisions in 
     section 242(a)(1) regarding the authority of the Attorney 
     General to arrest, detain, and release on bond an alien who 
     is not lawfully in the United States. (The current authority 
     in section 242(a) for a court in habeas corpus proceedings to 
     review the conditions of detention or release pending the 
     determination of the alien's inadmissibility or deportability 
     is not retained.) The minimum bond for an alien released 
     pending removal proceedings is raised from $500 to $1500. New 
     section 236(b) restates the current provisions in section 
     242(a)(1) that the Attorney General may at any time revoke an 
     alien's bond or parole.
       New section 236(c) provides that the Attorney General must 
     detain an alien who is inadmissible under section 212(a)(2) 
     or deportable under new section 237(a)(2). This requirement 
     does not apply to an alien deportable under section 
     237(a)(2)(A)(i) on the basis of an offense for which the 
     alien has not been sentenced to at least 1 year in prison. 
     This detention mandate applies whenever such an alien is 
     released from imprisonment, regardless of the circumstances 
     of the release. This subsection also provides that such an 
     alien may be released from the Attorney General's custody 
     only if the Attorney General decides in accordance with 18 
     U.S.C. 3521 that release is necessary to provide protection 
     to a witness, potential witness, a person cooperating with an 
     investigation into major criminal activity, or a family 
     member or close associate of such a witness or cooperator, 
     and such release will not pose a danger to the safety of 
     other persons or of property, and the alien is likely to 
     appear for any scheduled proceeding.
       New section 236(d) restates the current provisions in 
     section 242(a)(3) regarding the identification of aliens 
     arrested for aggravated felonies and amends those provisions 
     to require that information on aliens convicted of aggravated 
     felonies and deported be provided to the Department of State 
     for inclusion in its automated visa lookout system.
       New section 236(e) states that no discretionary judgment of 
     the Attorney General made under the authority of section 236 
     shall be subject to judicial review, and that no court shall 
     set aside a decision of the Attorney General regarding 
     detention or release of an alien, or the granting or denial 
     of bond or parole.
       Section 304--Senate recedes to House section 304, with 
     modifications. This section redesignates current INA section 
     239 (designation of ports of entry for aliens arriving by 
     civil aircraft) as section 234, redesignates INA section 240 
     (records of admission) as section 240C, and inserts new INA 
     sections 239, 240, 240A, and 240B.
       New section 239 restates the provisions of current 
     subsections (a) and (b) of section 242B regarding the 
     provision of written notice to aliens placed in removal 
     proceedings. These provisions are conformed to the 
     establishment of a single removal hearing to replace the two 
     current proceedings under current section 236 (exclusion) and 
     242 (deportation). The requirement that the written notice be 
     provided in Spanish as well as English is not retained. The 
     INS will determine when a language other than English should 
     be used and when the services of a translator are necessary. 
     The mandatory period between notice and date of hearing is 
     reduced to 10 days. Service is sufficient if there is proof 
     of mailing to the last address provided by the alien.
       New section 240 restates provisions in current sections 236 
     (exclusion proceedings) and 242 and 242B (deportation 
     proceedings). Section 240(a) provides that there shall be a 
     single proceeding for deciding whether an alien is 
     inadmissible under section 212(a) or deportable under section 
     237 (formerly section 241(a)). This subsection shall not 
     affect proceedings under new section 235(c) (aliens 
     inadmissible on national security grounds), new section 238 
     (currently section 242A) (aliens convicted of aggravated 
     felonies), or new section 235(b)(1) (arriving aliens, or 
     aliens present in the United States without having been 
     admitted or paroled, who are inadmissible for fraud or lack 
     of documents).
       Section 240(b) provides that the removal proceeding under 
     this section shall be conducted by an immigration judge in 
     largely the same manner as currently provided in sections 242 
     and 242B. Under paragraph (b)(2), the proceeding may take 
     place in person, or through video or telephone conference. 
     (Hearings on the merits could be conducted by telephone 
     conference only with the consent of the alien). In addition, 
     with the consent of the parties, the proceeding may take 
     place in the alien's absence. Under paragraph (b)(4), an 
     alien shall have a reasonable opportunity to examine the 
     evidence presented against the alien, and to cross-examine 
     Government witnesses, but not to examine national security 
     information provided in opposition to the alien's admission 
     to the United States, or in opposition to an alien's 
     application for discretionary relief. Under paragraph (b)(5), 
     an alien who fails to appear for a hearing may be ordered 
     removed if the Service establishes by clear, unequivocal, and 
     convincing evidence that notice under section 239 was 
     provided and that the alien is inadmissible or deportable. 
     There is no requirement to provide written notice if the 
     alien has failed to provide the address required under 
     section 239(a)(1)(F). Under paragraph (b)(5)(C), an in 
     absentia order can only be rescinded through a motion to 
     reopen filed within 180 days if the alien demonstrates that 
     the failure to appear was due to exceptional circumstances 
     (as defined in section 240(e)), or a motion to reopen filed 
     at any other time if the alien demonstrates that the alien 
     either did not receive notice of the hearing or was in 
     Federal or State custody and could not appear. An alien who 
     fails to appear shall, in the absence of exceptional 
     circumstances, be ineligible for 10 years for any relief 
     under new sections 240A (voluntary departure) and 240B 
     (cancellation of removal), and sections 245, 248, and 249.
       Section 240(c) provides that the immigration judge shall 
     make a decision on removability based only upon the evidence 
     at the hearing. An alien applicant for admission shall have 
     the burden to establish that he or she is beyond doubt 
     entitled to be admitted. An alien who is not an applicant for 
     admission shall have the burden to establish by clear and 
     convincing evidence that he or she is lawfully present in the 
     U.S. pursuant to a prior lawful admission. If the alien meets 
     this burden, the Service has the burden to establish by clear 
     and convincing evidence that the alien is deportable. This 
     subsection also clarifies the types of evidence of criminal 
     convictions that are admissible in immigration proceedings.
       An alien is limited to one motion to reconsider the 
     decision of the immigration judge. Such motion shall be filed 
     within 30 days of the final administrative order of removal 
     and shall specify the errors of law or fact in the order. An 
     alien is limited to one motion to reopen proceedings. Such 
     motion shall be filed within 90 days of the final 
     administrative order of removal and shall state the new facts 
     to be proven at a hearing if the motion is granted. The 
     deadline for a motion to reopen may be extended in the case 
     of an application for asylum or withholding of removal that 
     is based on new evidence of changed country conditions, 
     evidence that was not available at the time of the initial 
     hearing. In the case of an in absentia order of removal under 
     section 240(b)(5), the deadline for a motion to reopen shall 
     be as set forth in section 240(b)(5)(C).
       Section 240(d) provides that the Attorney General shall 
     provide by regulation for the entry by an immigration judge 
     of an order of removal stipulated to by the alien and the

[[Page H10896]]

     INS. Such an order shall be a conclusive determination of the 
     alien's removability from the U.S.
       Section 240(e) defines as ``exceptional circumstances'' the 
     serious illness of the alien or the serious illness or death 
     of the spouse, parent, or child of the alien, and other 
     exceptional circumstances that are not less compelling. The 
     subsection defines ``removable'' to mean in the case of an 
     alien who has not been admitted, that the alien is 
     inadmissible under section 212, and in the case of an alien 
     who has been admitted, that the alien is deportable under 
     redesignated section 237.
       New section 240A establishes revised rules for the type of 
     relief that is currently available to excludable and 
     deportable aliens under section 212(c) and 244(a)--(d). 
     Senate amendment section 150 recedes to these House 
     provisions, with modifications.
       Section 240A(a) provides that the Attorney General may 
     cancel removal in the case of an alien lawfully admitted for 
     permanent residence for not less than 5 years, if the alien 
     has resided in the United States continuously for 7 years 
     since being lawfully admitted in any status and has not been 
     convicted of an aggravated felony. This provision is intended 
     to replace and modify the form of relief now granted under 
     section 212(c) of the INA.
       Section 240A(b)(1) provides that the Attorney General may 
     cancel removal in the case of an alien who (1) has been 
     physically present in the United States for a continuous 
     period of at least 10 years immediately preceding the date of 
     applying for such relief, (2) has been a person of good moral 
     character, (3) has at no time been convicted of an offense 
     that would render the alien inadmissible under section 
     212(a)(2)(A) or deportable under redesignated sections 
     237(a)(2) or 237(a)(3), and (4) establishes that removal 
     would result in exceptional and extremely unusual hardship to 
     the alien's spouse, parent, or child who is a citizen of the 
     United States or an alien lawfully admitted for permanent 
     residence.
       Section 240A(b)(1) replaces the relief now available under 
     INA section 244(a) (``suspension of deportation''), but 
     limits the categories of illegal aliens eligible for such 
     relief and the circumstances under which it may be granted. 
     The managers have deliberately changed the required showing 
     of hardship from ``extreme hardship'' to ``exceptional and 
     extremely unusual hardship'' to emphasize that the alien must 
     provide evidence of harm to his spouse, parent, or child 
     substantially beyond that which ordinarily would be expected 
     to result from the alien's deportation. The ``extreme 
     hardship'' standard has been weakened by recent 
     administrative decisions holding that forced removal of an 
     alien who has become ``acclimated'' to the United States 
     would constitute a hardship sufficient to support a grant of 
     suspension of deportation. See Matter of O-J-O-, Int. Dec. 
     3280 (BIA 1996). Such a ruling would be inconsistent with the 
     standard set forth in new section 240A(b)(1). Similarly, a 
     showing that an alien's United States citizen child would 
     fare less well in the alien's country of nationality than in 
     the United States does not establish ``exceptional'' or 
     ``extremely unusual'' hardship and thus would not support a 
     grant of relief under this provision. Our immigration law and 
     policy clearly provide that an alien parent may not derive 
     immigration benefits through his or her child who is a United 
     States citizen. The availability in truly exceptional cases 
     of relief under section 240A(b)(1) must not undermine this or 
     other fundamental immigration enforcement policies.
       Section 240A(b)(2) restates the provisions in current 
     section 244(a)(3), enacted in section 40703(a)(3) of the 
     Violent Crime Control and Law Enforcement Act of 1994. It 
     provides that the Attorney General may cancel removal if the 
     inadmissible or deportable alien has been subjected to 
     extreme cruelty in the United States by a spouse or parent 
     who is a United States citizen or lawful permanent resident; 
     has been physically present in the United States for a 
     continuous period of at least 3 years; has been a person of 
     good moral character during such period; is not deportable or 
     inadmissible on grounds related to criminal activity, 
     national security, or marriage fraud; and establishes that 
     removal would result in extreme hardship.
       Section 240A(b)(3) states that the Attorney General may 
     adjust to the status of an alien lawfully admitted for 
     permanent residence an alien who meets the requirements for 
     cancellation of removal under section 240A(b)(1) or (2). The 
     number of such adjustments shall not exceed 4,000 in any 
     fiscal year.
       Section 240A(c) provides that the following categories of 
     aliens shall not be eligible for cancellation of removal 
     under subsections (a) and (b)(1): an alien who entered as a 
     crewman after June 30, 1964; an alien who was admitted as a 
     nonimmigrant exchange alien under 101(a)(15)(J) in order to 
     receive graduate medical education; an alien who otherwise 
     was admitted as a nonimmigrant exchange alien under section 
     101(a)(15)(J), is subject to the two-year foreign residence 
     requirement of section 212(e), and has not fulfilled that 
     requirement or received a waiver; an alien who is 
     inadmissible under section 212(a)(3) or deportable under 
     redesignated section 237(a)(4) (national security and related 
     grounds); an alien who is a persecutor as described in new 
     section 241(b)(3)(B)(i); or an alien who has previously been 
     granted relief under this section, or under INA sections 
     212(c) or 244(a) before the effective date of this Act.
       Section 240A(d) provides that the period of continuous 
     residence or physical presence ends when an alien is served a 
     notice to appear under section 239(a) (for the commencement 
     of removal proceedings under section 240), or when the alien 
     is convicted of an offense that renders the alien deportable 
     from the United States, whichever is earliest. A period of 
     continuous physical presence under section 240A(b) is broken 
     if the alien has departed from the United States for any 
     period of 90 days, or for any periods in the aggregate 
     exceeding 180 days. The continuous physical presence 
     requirement does not apply to an alien who has served 24 
     months in active-duty status in the United States armed 
     forces, was in the United States at the time of enlistment or 
     induction, and was honorably discharged.
       Section 240A(e) limits the granting of cancellation of 
     removal and suspension of deportation under current section 
     244 to not more than an aggregate total of 4,000 aliens per 
     fiscal year. This limitation shall apply regardless of when 
     the alien applied for such relief.
       New section 240B establishes new conditions for the 
     granting of voluntary departure, currently governed by 
     section 242(b) and 244(e) of the INA. Senate amendment 
     section 150 recedes to these House provisions, with 
     modifications.
       Section 240B(a) provides that the Attorney General may 
     permit an alien voluntarily to depart the United States at 
     the alien's expense in lieu of being subject to removal 
     proceedings under section 240 or prior to the completion of 
     such proceedings, if the alien is not deportable because of 
     conviction for an aggravated felony or on national security 
     and related grounds. Permission to depart voluntarily under 
     this subsection shall not be valid for a period exceeding 120 
     days and an alien may be required to post a voluntary 
     departure bond, to be surrendered upon proof that the alien 
     has departed the U.S. within the time specified. No alien 
     arriving in the United States for whom removal proceedings 
     under section 240 are instituted at the time of arrival is 
     eligible for voluntary departure under this section. Such an 
     alien may withdraw his or her application for admission to 
     the United States in accordance with section 235(a)(4).
       Section 240B(b) provides that the Attorney General may 
     permit an alien voluntarily to depart the United States at 
     the conclusion of proceedings under section 240 if the alien 
     has been physically present (before the notice to appear) for 
     at least one year in the United States, the alien has been a 
     person of good moral character for the 5 years preceding the 
     application, the alien is not deportable because of 
     conviction for an aggravated felony or on national security 
     and related grounds, and the alien has established by clear 
     and convincing evidence that the alien has the means to 
     depart the United States and intends to do so. The period for 
     voluntary departure cannot exceed 60 days and a voluntary 
     departure bond is required.
       Section 240B(c) provides that an alien is not eligible for 
     voluntary departure if the alien was previously granted 
     voluntary departure after having been found inadmissible 
     under section 212(a)(6)(A) (present without admission or 
     parole).
       Section 240B(d) provides that if an alien is permitted to 
     depart voluntarily and fails to do so, the alien shall be 
     subject to a civil penalty of not less than $1,000 nor more 
     than $5,000 and shall not be eligible for any further relief 
     under this section or sections 240A, 245, 248, or 249 for a 
     period of 10 years. The order granting voluntary departure 
     shall inform the alien of these penalties.
       Section 240B(e) provides that the Attorney General may by 
     regulation limit eligibility for voluntary departure for any 
     class or classes of aliens.
       Section 304(c) of this Act amends INA section 242A (to be 
     redesignated as section 238) to further streamline procedures 
     for administrative deportation of certain criminal aliens.
       Section 305--Senate recedes to House section 305, with 
     modifications. Subsection (a) of this section strikes section 
     237, redesignates section 241 as section 237, and inserts a 
     new section 241.
       New section 241 restates and revises provisions in current 
     sections 237, 242, and 243 regarding the detention and 
     removal of aliens.
       Section 241(a) provides that the Attorney General shall 
     remove an alien within 90 days of the alien being ordered 
     removed. This removal period shall begin when the alien's 
     order is administratively final, when the alien is released 
     from non-immigration related detention or confinement, or, if 
     the alien has appealed his order to a court and removal has 
     been stayed, the date of the court's final order. The removal 
     period is extended beyond 90 days if the alien refuses to 
     apply for travel documents or takes other steps (other than 
     appeals) to prevent removal.
       The alien shall be detained during the removal period. If 
     the alien is not removed within 90 days, the alien shall be 
     subject to supervision under conditions similar to those 
     currently in section 242(d). An alien who has been ordered 
     removed may be detained beyond the 90-day period if the alien 
     is inadmissible under section 212, is removable under 
     redesignated sections 237(a)(1)(c), 237(a)(2), or 237(a)(4), 
     or, in the Attorney General's determination, is unlikely to 
     comply with the order of removal or is a risk to the 
     community.
       The Attorney General may not remove an alien who is 
     sentenced to imprisonment until

[[Page H10897]]

     the alien is released, but parole, supervised release, 
     probation, or the possibility of arrest are not grounds to 
     defer removal. However, under section 241(a)(4)(B), an alien 
     may be removed prior to the completion of sentence if the 
     alien has been convicted of a nonviolent offense (except for 
     certain aggravated felonies) and removal of the alien is 
     appropriate and in the best interests of the United States or 
     of the State in whose custody the alien is held. There is no 
     right of action against the United States or any State, or 
     any officials thereof, to compel the release or removal of 
     any alien under this provision.
       If an alien reenters the United States illegally after 
     having been removed or departed voluntarily under an order of 
     removal, the prior order of removal is reinstated and the 
     alien shall be removed under the prior order, which shall not 
     be subject to review. The alien is not eligible to apply for 
     any relief under the INA.
       An alien who is subject to an order of removal may not be 
     granted authorization to work in the United States unless 
     there is no country willing to accept the alien, or the 
     removal is otherwise impracticable or contrary to the public 
     interest.
       Section 241(b) establishes the countries to which an alien 
     may be removed. Subsection (b)(1) restates the provisions in 
     current section 237(a); subsection (b)(2) restates the 
     provisions in current sections 243(a) and (b). Subsection 
     (b)(3) restates, with some modifications, the provisions in 
     current section 243(h) regarding withholding of deportation 
     to a country where the alien's life or freedom would be 
     threatened. Subsection (b)(3)(B) specifies that an alien is 
     barred from this form of relief if, having been convicted of 
     a particularly serious crime, the alien is a danger to the 
     community. An aggravated felony or felonies for which the 
     alien has been sentenced to an aggregate of 5 years 
     imprisonment is deemed to be such a crime, but the Attorney 
     General retains the authority to determine other 
     circumstances in which an alien has been convicted of a 
     particularly serious crime, regardless of the length of 
     sentence.
       Section 241(c) provides that an alien arriving in the 
     United States who is ordered removed shall be removed 
     immediately by the vessel or aircraft that brought the alien, 
     unless it is impracticable to do so or the alien is a 
     stowaway who has been ordered removed by operation of section 
     235(b)(1) but has a pending application for asylum. This 
     subsection also restates and revises the provisions in 
     section 237(d) regarding stay of removal, and the provisions 
     in section 237(a) regarding cost of detention and maintenance 
     pending removal. These provisions make it clear that actual 
     physical detention of an alien who has been permitted to land 
     in the United States shall be the sole responsibility of the 
     Attorney General and shall take place in INS facilities or 
     contract facilities, even in cases where the liability for 
     cost of detention is assigned to a private entity such as a 
     carrier. It is expected that the rate of reimbursement 
     charged to the carrier or other entity made responsible for 
     the cost of detention of an alien shall be at the same per 
     diem rate charged to the government for the cost of 
     detention.
       In the case of an alien stowaway, the carrier shall be 
     liable for the cost of detention incurred by the Attorney 
     General. If the stowaway does not claim asylum, the only task 
     is to arrange for the stowaway's departure from the United 
     States. This could occur directly on the vessel of arrival, 
     particularly in the case of aircraft. Due to commercial 
     requirements, safety concerns, and other factors, it is often 
     not practicable for the stowaway to be removed on the vessel 
     of arrival, particularly in the case of commercial maritime 
     vessels. For this reason, section 241(d)(2)(B) provides that 
     an alien stowaway may be allowed to land in the United States 
     for detention by the Attorney General or departure or removal 
     of the stowaway. In such a case, the carrier shall be 
     responsible, under section 241(c)(3)(A)(ii)(II), for the cost 
     of detention by the Attorney General for the time reasonably 
     necessary to arrange for repatriation or removal of the 
     alien, including obtaining necessary travel documents. The 
     carrier's liability shall not extend beyond the date on which 
     it is ascertained that such travel documents cannot be 
     obtained. It is expected that the carrier and the INS will 
     work cooperatively in order to obtain such travel documents 
     in an expeditious manner. In some circumstances, foreign 
     governments do not cooperate in issuing such documents. Since 
     circumstances in such cases vary, this legislation does not 
     designate a time period beyond which the financial 
     responsibility for continued detention shifts from the 
     carrier to the INS. It is expected that the INS, through 
     regulations or internal policy guidance, will set a 
     reasonable time line and other criteria that will be applied 
     uniformly in all INS districts. Such guidelines should 
     include an obligation on the part of the carrier to continue 
     efforts to obtain travel documents and make other 
     arrangements for the departure of the stowaway from the U.S.
       In the case of a stowaway who has claimed asylum and is 
     being detained to pursue an application for asylum, the 
     carrier shall be liable, under section 241(c)(3)(A)(ii)(III), 
     for a period not to exceed 15 business days, excluding 
     Saturdays, Sundays, and holidays. The 15-day period shall 
     begin when the alien is determined, under section 235(b)(1), 
     to have a credible fear of persecution and thus be eligible 
     to apply for asylum, but not later than 72 hours after the 
     actual arrival of the stowaway in the U.S. The 72-hour period 
     is intended to provide adequate time for the Attorney General 
     to determine if the stowaway has a credible fear of 
     persecution and thus will be detained by the INS to pursue an 
     asylum application. (As stated in new INA section 235(b)(1), 
     this Act intends that the credible fear screening process, 
     including administrative review, will ordinarily be completed 
     within 24 hours or shortly thereafter. Additional time may be 
     required in the case of a stowaway because of the unusual and 
     sometimes dangerous circumstances in which a stowaway arrives 
     in the United States.) Under no circumstances shall the 
     carrier be required to reimburse the INS for a period of 
     detention greater than 15 business days, plus the portion of 
     the initial 72-hour period required to determine if the 
     stowaway is eligible to apply for asylum. The obligation of 
     the carrier to pay for detention costs does not include an 
     obligation for the carrier to pay for the cost of 
     translators, legal counsel, or other assistance in preparing 
     and presenting the stowaway's claim for asylum. It is 
     expected that the INS will adopt, through regulations 
     consistent with the provisions of this legislation, clear 
     policy guidance regarding the conduct of interviews to 
     determine if a stowaway has a credible fear of persecution.
       Section 241(d) restates the provisions in current section 
     237(b) requiring the owner of the vessel or aircraft bringing 
     an alien to the United States to comply with orders of an 
     immigration officer regarding the detention or removal of the 
     alien. This subsection also restates the provisions in 
     section 243(e) that any carrier (not limited to the carrier 
     who has brought an alien) comply with an order of the 
     Attorney General to remove to a specific destination an alien 
     who has been ordered removed.
       Section 241(d) also revises and restates the requirements 
     in section 273(d) regarding permission for a stowaway to land 
     in the U.S. A carrier who has brought a stowaway shall, 
     pending completion of the inspection of the stowaway, detain 
     the stowaway on board the vessel or at another place 
     designated by the INS. The carrier may not permit the 
     stowaway to land except temporarily for medical treatment, 
     for detention of the stowaway by the Attorney General, or for 
     departure and removal of the stowaway. However, a carrier 
     shall not be required to detain a stowaway who has been 
     permitted to remain in the U.S. to pursue an application for 
     asylum, who shall be detained by the Attorney General subject 
     to the reimbursement requirements set forth in section 
     241(c). Furthermore, the Attorney General shall grant a 
     timely request by a carrier to remove the stowaway on a 
     vessel other than that on which the alien has arrived in the 
     U.S., provided that the carrier pays the cost of removal and 
     obtains all necessary travel documents. In this way, the 
     stowaway can be rapidly repatriated to the country of origin, 
     instead of being forced to remain on the vessel while it 
     makes other ports of call.
       Section 241(e) restates the provisions in current sections 
     237(c) and 243(c) regarding the payment of expenses for 
     removal of aliens who have been ordered removed.
       Section 241(f) restates the provisions in section 243(f) 
     regarding the employment of persons to provide personal care 
     to aliens requiring such care during the removal process.
       Section 241(g) amends and restates the authority in current 
     section 242(c) for construction and operation of detention 
     facilities. The amendment states that before the construction 
     of new facilities, the Commissioner of the INS shall consider 
     the availability of existing facilities for purchase or 
     lease.
       Section 241(h) provides that nothing in section 241 shall 
     be construed to create any substantive or procedural right or 
     benefit that is legally enforceable against the United 
     States, its agencies or officers, or any other person. This 
     provision is intended, among other things, to prohibit the 
     litigation of claims by aliens who have been ordered removed 
     from the U.S. that they be removed at a particular time or to 
     a particular place.
       Section 305(b) amends INA section 276(b) to establish a 
     penalty of 10 years imprisonment for aliens who reenter the 
     United States without authorization after having been removed 
     prior to the completion of their term of imprisonment under 
     new section 241(a)(4)(B).
       Section 306--Senate amendment sections 141(b) and 142 
     recedes to House section 306, with modifications. This 
     section amends INA section 242 to revise and restate the 
     provisions in current section 106, which is repealed.
       Section 242(a) provides that a final order of removal, 
     other than an order or removal under section 235(b)(1), is 
     governed by chapter 158 of title 28. This is consistent with 
     current section 106(a). This subsection also provides that, 
     subject to the conditions stated in new section 242(e), no 
     court shall have jurisdiction to review any individual 
     determination or cause or claim arising from the 
     implementation or operation of an order of removal under INA 
     section 235(b)(1), or to review, except as provided in 
     subsection (e), a decision by the Attorney General to invoke 
     section 235(b)(1), the application of such section to 
     individual aliens (including the determination under section 
     235(b)(1)(B) regarding credible fear of persecution), or, 
     except as provided in subsection (e), procedures and policies 
     to implement section 235(b)(1). Individual determinations 
     under section 235(b)(1) may only be reviewed under new 
     subsection 242(e)(1)-(2).
       This subsection also bars judicial review (1) of any 
     judgment whether to grant relief

[[Page H10898]]

     under section 212(h) or (i), 240A, 240B, or 245, (2) of any 
     decision or action of the Attorney General which is specified 
     to be in the discretion of the Attorney General (except a 
     discretionary judgment whether to grant asylum as described 
     in section 242(b)), or (3) of any decision in the case of an 
     alien who, by virtue of having committed a criminal offense, 
     is inadmissible under section 212(a)(2) or deportable under 
     redesignated section 237(a)(2) (with the exception of section 
     237(a)(2)(A)(i).
       Section 242(b) provides that a petition for review must be 
     filed within 30 days after the final order of removal in the 
     Federal court of appeals for the circuit in which the final 
     order of removal under section 240 was entered. As provided 
     in Senate amendment section 142, the filing of a petition 
     does not stay the removal of the alien unless the court 
     orders otherwise. As further provided in the Senate 
     amendment, the alien shall serve and file a brief not later 
     than 40 days after the final administrative record becomes 
     available, and may file a reply brief not later than 14 days 
     after service of the brief of the Attorney General. These 
     deadlines may be extended for good cause. The petition shall 
     be decided solely upon the administrative record and the 
     administrative findings of fact are conclusive unless any 
     reasonable adjudicator would be compelled to conclude to the 
     contrary. A discretionary judgment of the Attorney General 
     whether to grant asylum under section 208 is conclusive 
     unless manifestly contrary to law and an abuse of discretion. 
     Judicial review of all questions of law and fact, including 
     constitutional and statutory claims, arising out of an action 
     to remove an alien from the United States, is available only 
     as part of the judicial review of a final order of removal 
     under this section.
       Section 242(b) also revises and restates the provisions in 
     current section 106 regarding form, service, decisions about 
     eligibility for admission, treatment of a petitioner's claim 
     that he or she is a national of the United States, 
     consolidation of motions to reopen and reconsider with orders 
     of removal, challenges to the validity of orders of removal 
     in criminal proceedings, and detention and removal of alien 
     petitioners.
       Section 242(c) restates the provisions in the second 
     sentence of subsection (c) of current section 106 that a 
     petition for review must state whether a court has upheld the 
     validity of an order of removal, and if so, identifying the 
     court and date and type of proceeding.
       Section 242(d) restates the provisions in the first and 
     third sentences of subsection (c) of current section 106 
     requiring that a petitioner have exhausted administrative 
     remedies and precluding a court from reviewing an order of 
     removal that has been reviewed by another court absent a 
     showing that the prior review was inadequate to address the 
     issues presented in the petition, or that the petition 
     presents new grounds that could not have been presented in 
     the prior proceeding.
       Section 242(e) provides rules for judicial review of orders 
     of removal under section 235(b)(1). No court shall have 
     jurisdiction or authority to enter declaratory, injunctive, 
     or other equitable relief against the operation of section 
     235(b)(1) (other than that specifically authorized in this 
     subsection), or to certify a class under Rule 23 of the 
     Federal Rules of Civil Procedure in any action for which 
     judicial review is authorized in this section. Except as 
     provided in section 242(e)(3) (see next paragraph), judicial 
     review is available in habeas corpus, limited to whether the 
     petitioner is an alien, whether the petitioner was ordered 
     removed under revised INA section 235(b)(1), and whether the 
     petitioner can prove by a preponderance of the evidence that 
     he or she is an alien lawfully admitted for permanent 
     residence, or has been admitted as a refugee or granted 
     asylum. If the court determines that the petitioner was not 
     ordered removed under section 235(b)(1) or is an alien 
     lawfully admitted for permanent residence or a refugee or 
     asylee, the court may order no relief other than to require 
     that the alien be provided a hearing under section 240. The 
     habeas corpus proceeding shall not address whether the alien 
     actually is admissible or entitled to any relief from 
     removal.
       Section 242(e)(3) provides for limited judicial review of 
     the validity of procedures under section 235(b)(1). This 
     limited provision for judicial review does not extend to 
     determinations of credible fear and removability in the case 
     of individual aliens, which are not reviewable. Section 
     242(e)(3) provides that judicial review is available only in 
     an action instituted in the United States District Court for 
     the District of Columbia, and is limited to whether section 
     235(b)(1), or any regulations issued pursuant to that 
     section, is constitutional, or whether the regulations, or a 
     written policy directive, written policy guidance, or written 
     procedures issued by the Attorney General are consistent with 
     the INA or other law. Any action seeking such review must be 
     filed within 60 days of the implementation of the 
     regulations, directive, guidance, or procedures.
       Section 242(f) provides that no court other than the 
     Supreme Court shall have jurisdiction or authority to enjoin 
     or restrain the operation of the provisions in chapter 4 of 
     Title II of the INA, as amended by this legislation, other 
     than with respect to the application of the provisions to an 
     individual alien against whom removal proceedings have been 
     initiated. Section 242(g) provides that no court shall have 
     jurisdiction to hear any cause or claim on behalf of any 
     alien arising from the decision of the Attorney General to 
     commence proceedings, adjudicate cases, or execute removal 
     orders against any alien.
       Section 306(b) of this Act repeals INA section 106. Section 
     306(c) establishes that the amendments in subsections (a) and 
     (b) shall apply to all final orders of exclusion, 
     deportation, or removal, and all motions to reopen or 
     reconsider, filed on or after the date of enactment of this 
     Act. The jurisdictional bar in new section 242(g) shall apply 
     without limitation to all past, pending, or future exclusion, 
     deportation, or removal proceedings under the INA. Section 
     306(d) makes a technical amendment to sections 440(a), (c), 
     (d), (g), and (h) of the Antiterrorism and Effective Death 
     Penalty Act of 1996, Public Law 104-132, 110 Stat. 1214 
     (April. 24, 1996) (Public Law 104-132) (``AEDPA''), to 
     clarify the circumstances in which aliens with multiple 
     criminal convictions are barred from relief or subject to 
     special procedures to effect their removal from the United 
     States.
       Section 307--Senate recedes to House section 307. Section 
     307(a) amends INA section 243(a) to restate the provisions in 
     current INA section 242(e) regarding penalties for failure to 
     depart within 90 days of the order of removal. New section 
     243(b) restates the provisions in the third (and final) 
     sentence of current INA section 242(d) regarding penalties 
     for failure to comply with the terms of release under 
     supervision pursuant to section 241(a)(3) (currently the 
     first two sentences of section 242(d)). New section 243(c) 
     restates the provisions in the second and third sentences of 
     current section 237(d) and the final clause of current 
     section 243(e) regarding penalties for failure to comply with 
     an order to remove an alien from the U.S., including civil 
     money penalties and limitations on the clearance of vessels. 
     New section 243(d) revises and restates the provisions in 
     current section 243(g) regarding sanctions against a country 
     that refuses to accept an alien ordered removed who is a 
     citizen, subject, national, or resident of that country. 
     Under the amendment, the Secretary of State shall order that 
     the issuance of both immigrant and nonimmigrant visas to 
     citizens, nationals, subjects, or nationals of that country 
     be suspended until the country has accepted the alien.
       Section 308--Senate recedes to House section 308. This 
     section makes a series of redesignations and conforming 
     amendments in addition to those made in other sections. (The 
     following list includes amendments made in other sections).
       Current section 232 is redesignated as section 232(a).
       Current section 234 is redesignated as section 232(b).
       Current section 238 is redesignated as section 233.
       Current section 240 is redesignated as section 240C.
       Current section 242A is redesignated as section 238, with 
     conforming amendments.
       Current section 242B is stricken.
       Current section 244 is stricken.
       Current section 244A is redesignated as section 244.
       The provisions in current section 237(e) regarding the 
     removal of an arriving alien who is helpless from sickness or 
     mental or physical disorder are restated as a new section 
     232(c). Section 212(a)(10)(B), the redesignated ground of 
     inadmissibility for an alien who is ordered to accompany such 
     a helpless alien during removal, also is amended to conform 
     to the amendments in new section 232(c).
       Section 273(a) is amended by adding a new paragraph (2) to 
     restate the provisions in current section 237(b)(5) 
     prohibiting a carrier from taking any consideration 
     contingent on whether an alien is admitted to or ordered 
     removed from the U.S. Section 273(d) is repealed.
       Section 309--Senate recedes to House section 309. This 
     section establishes general effective dates and transition 
     provisions for the amendments made by this subtitle. 
     Subsection (a) provides that, except as otherwise provided, 
     the changes made in this subtitle shall take effect on the 
     first day of the first month beginning more than 180 days 
     after the date of enactment. Subsection (b) provides that the 
     Attorney General shall promulgate regulations to carry out 
     this subtitle at least 1 month before the effective date in 
     subsection (a). Subsection (c) provides for the transition to 
     new procedures in the case of an alien already in exclusion 
     or deportation proceedings on the effective date. In general, 
     the amendments made by this subtitle shall not apply and the 
     proceedings (including judicial review) shall continue to be 
     conducted without regard to such amendments. The Attorney 
     General may elect to apply the new procedures in a case in 
     which an evidentiary hearing under current section 236 
     (exclusion) or sections 242 and 242B (deportation) has not 
     been commenced as of the effective date. The Attorney General 
     shall provide notice of such election to the alien, but the 
     prior notice of hearing and order to show cause served upon 
     the alien shall be effective to retain jurisdiction over the 
     alien.
       The Attorney General also may elect, in a case in which 
     there has been no final administrative decision, to terminate 
     proceedings without prejudice to the Attorney General's 
     ability to initiate new proceedings under the amendments made 
     by this subtitle. Determinations in the terminated proceeding 
     shall not be binding in the new proceeding.
       This subsection also provides that in the case where a 
     final order of exclusion or deportation is entered more than 
     30 days after

[[Page H10899]]

     the date of enactment and before the Title III-A effective 
     date (180 days after enactment), transitional rules similar 
     to those established in section 305 of this Act (revised INA 
     section 241) shall apply to petitions for judicial review 
     filed prior to the Title III-A effective date. Under these 
     transitional rules, all judicial review, both of exclusion 
     and deportation decisions, shall be by petition for review to 
     the court of appeals for the judicial circuit in which the 
     final administrative order was entered. The petition for 
     review also must be filed not later than 30 days after the 
     final order of exclusion or deportation. The new limitations 
     on appeals in the case of claims for discretionary relief or 
     in the case of criminal aliens, and the new rule providing 
     for no automatic stay of removal, are to take effect in all 
     cases for which a final order of exclusion, deportation, or 
     removal is entered after the date of enactment. Regardless of 
     the date of entry of the final order of exclusion or 
     deportation, if the petition for review is filed after the 
     Title III-A effective date, then the permanent changes made 
     by section 306 of this bill shall apply exclusively to such 
     petition for review.
       The rules under new section 240A(d)(1) and (2) regarding 
     continuous physical presence in the United States as a 
     criterion for eligibility for cancellation of removal shall 
     apply to any notice to appear (including an Order to Show 
     Cause under current section 242A) issued after the date of 
     enactment of this Act.


                 subtitle b--criminal alien provisions

       Section 321--House section 802 recedes to Senate amendment 
     section 161. This section amends INA section 101(a)(43) (as 
     amended by section 440(e)) of the AEDPA (Public Law 104-
     132)), the definition of ``aggravated felony,'' by: adding 
     crimes of rape and sexual abuse of a minor; lowering the fine 
     threshold for crimes relating to money laundering and certain 
     illegal monetary transactions from $100,000 to $10,000; 
     lowering the imprisonment threshold for crimes of theft, 
     violence, racketeering, and document fraud from 5 years to 1 
     year; and lowering the loss threshold for crimes of tax 
     evasion and fraud and deceit from $200,000 to $10,000. This 
     section also adds new offenses to the definition relating to 
     gambling, bribery, perjury, revealing the identity of 
     undercover agents, and transporting prostitutes. It deletes 
     the requirement that a crime of alien smuggling be for 
     commercial advantage in order to be considered an aggravated 
     felony, but exempts a first offense involving solely the 
     alien's spouse, child or parent. The amendment provides that 
     the amended definition of ``aggravated felony'' applies to 
     offenses that occurred before, on, or after the date of 
     enactment.
       This section also provides, in section 321(c), that there 
     shall be no ex post facto application of this amended 
     definition in the case of prosecutions under INA section 
     276(b) (for illegal re-entry into the United States after 
     deportation when the deportation was subsequent to a 
     conviction for an aggravated felony). Thus, an alien whose 
     deportation followed conviction for a crime or crimes, none 
     of which met the definition of aggravated felony under INA 
     section 101(a)(43) prior to the enactment of this bill, but 
     at least one of which did meet the definition after such 
     enactment, may only be prosecuted under INA section 276(b) 
     for an illegal entry that occurs on or after the date of 
     enactment of this bill.
       Section 322--Senate recedes to House section 351. This 
     section amends section 101(a) of the INA to add a new 
     paragraph (48), defining conviction to mean a formal judgment 
     of guilt entered by a court. If adjudication of guilt has 
     been withheld, a judgment is nevertheless considered a 
     conviction if (1) the judge or jury has found the alien 
     guilty or the alien has pleaded guilty or nolo contendere and 
     (2) the judge has imposed some form of punishment or 
     restraint on liberty. This section also provides that any 
     reference in the INA to a term of imprisonment or sentence 
     shall include any period of incarceration or confinement 
     ordered by a court of law regardless of any suspension of the 
     imposition or execution of that imprisonment or sentence.
       This section deliberately broadens the scope of the 
     definition of ``conviction'' beyond that adopted by the Board 
     of Immigration Appeals in Matter of Ozkok, 19 I&N Dec. 546 
     (BIA 1988). As the Board noted in Ozkok, there exist in the 
     various States a myriad of provisions for ameliorating the 
     effects of a conviction. As a result, aliens who have clearly 
     been guilty of criminal behavior and whom Congress intended 
     to be considered ``convicted'' have escaped the immigration 
     consequences normally attendant upon a conviction. Ozkok, 
     while making it more difficult for alien criminals to escape 
     such consequences, does not go far enough to address 
     situations where a judgment of guilt or imposition of 
     sentence is suspended, conditioned upon the alien's future 
     good behavior. For example, the third prong of Ozkok requires 
     that a judgment or adjudication of guilt may be entered if 
     the alien violates a term or condition of probation, without 
     the need for any further proceedings regarding guilt or 
     innocence on the original charge. In some States, 
     adjudication may be ``deferred'' upon a finding or confession 
     of guilt, and a final judgment of guilt may not be imposed if 
     the alien violates probation until there is an additional 
     proceeding regarding the alien's guilt or innocence. In such 
     cases, the third prong of the Ozkok definition prevents the 
     original finding or confession of guilt to be considered a 
     ``conviction'' for deportation purposes. This new provision, 
     by removing the third prong of Ozkok, clarifies Congressional 
     intent that even in cases where adjudication is ``deferred,'' 
     the original finding or confession of guilt is sufficient to 
     establish a ``conviction'' for purposes of the immigration 
     laws. In addition, this new definition clarifies that in 
     cases where immigration consequences attach depending upon 
     the length of a term of sentence, any court-ordered sentence 
     is considered to be ``actually imposed,'' including where the 
     court has suspended the imposition of the sentence. The 
     purpose of this provision is to overturn current 
     administrative rulings holding that a sentence is not 
     ``actually imposed'' in such cases. See Matter of Castro, 19 
     I&N Dec. 692 (BIA 1988); In re Esposito, Int. Dec. 3243 (BIA, 
     March 30, 1995).
       Section 323--Senate recedes to House section 363. This 
     section amends section 263(a) to authorize the registration 
     by the Attorney General of aliens who are or who have been on 
     criminal probation or criminal parole within the U.S.
       Section 324--House recedes to Senate amendment section 
     156(b). This section amends INA section 276(a)(1) to extend 
     criminal liability for an alien who reenters the United 
     States without authorization to an alien who has departed the 
     United States while an order of exclusion or deportation is 
     outstanding.
       Section 325--House recedes to Senate amendment section 
     170B. This section amends section 2424 of title 18 to expand 
     the registration requirements for those who control or harbor 
     alien prostitutes to require earlier filing and to cover 
     aliens of all nationalities.
       Section 326--Senate recedes to House section 361. This 
     section amends section 130002(a) of the Violent Crimes 
     Control and Law Enforcement Act of 1994 (VCCLEA) to require 
     that the criminal alien identification system be used to 
     assist Federal, State, and local law enforcement agencies in 
     identifying and locating aliens who may be removable on 
     account of criminal or other grounds. The system shall 
     provide for recording of fingerprints of aliens previously 
     arrested and removed into appropriate automated 
     identification systems.
       Section 327--House recedes to Senate amendment section 313. 
     This section amends section 130002(b) of VCCLEA (criminal 
     alien tracking center) to establish an authorization for 
     appropriations of $5 million per year for each of fiscal 
     years 1997 through 2001.
       Section 328--Senate recedes to House section 305(b) and 
     843, with modifications. This section amends redesignated INA 
     section 241(i) to provide that funds under the State Criminal 
     Alien Assistance Program may be used for the costs of 
     imprisonment of criminal aliens in a State or local prison or 
     jail, including a jail operated by a municipality. This 
     section also states the sense of Congress that SCAAP funds be 
     distributed on a more expeditious basis. The managers 
     anticipate that States will consult with counties and 
     municipalities regarding their respective costs of detaining 
     illegal aliens.
       Section 329--Senate amendment section 170D recedes to House 
     section 356. This section provides authorization for the 
     Attorney General to conduct a 6-month pilot project to 
     identify criminal aliens incarcerated in local governmental 
     prison facilities in Anaheim, California.
       Section 330--House section 360 recedes to Senate amendment 
     section 170. This section advises the President to negotiate 
     and renegotiate bilateral prisoner transfer treaties to 
     expedite the transfer to their countries of nationality of 
     aliens subject to incarceration who are unlawfully in the 
     United States or are subject to deportation or removal. The 
     negotiations are to ensure that a transferred prisoner serves 
     the balance of the sentence imposed by the United States, and 
     to eliminate any requirement of prisoner consent to such 
     transfer. The President shall submit an annual certification 
     to the Committees on the Judiciary of the Senate and the 
     House of Representatives, on whether each prisoner transfer 
     treaty in force is effective in returning criminal aliens to 
     their countries of nationality.
       Section 331--House recedes to Senate amendment section 
     170A. This section requires the Secretary of State and 
     Attorney General, within 180 days of the date of enactment, 
     to submit to the Committees on the Judiciary of the Senate 
     and the House of Representatives a report describing 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. This section specifies 
     information that shall be provided in such report, and 
     requires the report to include recommendations to increase 
     the effectiveness and use of, and compliance with, such 
     treaties.
       Section 332--House recedes to Senate amendment section 168. 
     This section requires the Attorney General, not later than 12 
     months after the date of enactment, to issue a report 
     detailing populations of alien felons incarcerated in Federal 
     and State prisons, and programs and plans to remove such 
     aliens who are inadmissible or deportable, and to prevent 
     their illegal reentry into the United States.
       Section 333--House recedes to Senate amendment section 320. 
     This section requires the United States Sentencing Commission 
     to review and amend current guidelines applicable to 
     offenders convicted of conspiring with or aiding and abetting 
     an alien in committing an offense under section 1010 of the

[[Page H10900]]

     Controlled Substance Import and Export Act (21 U.S.C. 960).
       Section 334--Senate recedes to House section 357. House 
     recedes to Senate amendment section 156(b). This section 
     instructs the Sentencing Commission to promptly promulgate 
     amendments to the sentencing guidelines to reflect the 
     amendments made in section 130001 and 130009 of the Violent 
     Crime Control and Law Enforcement Act of 1994.


     Subtitle C--Revision of Grounds for Exclusion and Deportation

       Section 341--Senate recedes to House section 301(f). This 
     subsection amends INA section 212(a)(1)(A) by adding a new 
     clause (ii), making inadmissible any alien who seeks 
     admission as an immigrant who does not present evidence of 
     vaccination against mumps, measles, rubella, polio, tetanus 
     and diphtheria toxoids, pertussis, influenza type B and 
     hepatitis B, and any other vaccinations recommended by the 
     Advisory Committee for Immunization Practices. This 
     subsection also provides that this new ground of 
     inadmissibility may be waived if the alien receives the 
     required vaccination, if a civil surgeon or similar official 
     designated in 42 CFR 34.2 certifies that the vaccination 
     would not be medically appropriate, or, if the vaccination 
     would be contrary to the alien's religious or moral beliefs. 
     It is anticipated that this waiver authority would be 
     exercised in appropriate cases to permit admission of aliens 
     where, for example, an alien has been unable to receive a 
     safe dosage or vaccine in the alien's country of nationality, 
     the alien is a child who is required to complete a series of 
     vaccinations over a course of time and has not had a 
     reasonable opportunity to complete that course, or the alien 
     is an active member of a religious faith that notifies the 
     Attorney General that such vaccinations would contradict the 
     fundamental tenets of such religion.
       Section 342--House recedes to Senate section 158. This 
     section amends the terrorist exclusion ground, section 
     212(a)(3)(B), to make inadmissible an alien who, with the 
     intent to cause death or serious bodily harm, has incited 
     terrorist activity.
       Section 343--House section 811 recedes to Senate amendment 
     section 155. This section amends section 212(a)(5) to make 
     inadmissible to the United States any alien seeking admission 
     for employment as a health-care worker unless the alien 
     presents a certificate from the Commission on Graduates of 
     Foreign Nursing Schools or an equivalent independent 
     credentialing organization (approved by the Attorney General 
     in consultation with the Secretary of Health and Human 
     Services) verifying the alien's training, licensing, and 
     experience, as well as a level of competency in English 
     appropriate to the position in which the alien will be 
     employed.
       Notwithstanding any international trade agreements or 
     treaties, a ``health care worker'' subject to prescreening 
     under this section should include any alien seeking an 
     immigrant or nonimmigrant visa as a nurse, physical 
     therapist, occupational therapist, speech-language 
     pathologist, medical technologist and technician, physician 
     assistant, or other occupations designated in regulations. 
     The Attorney General should not approve a credentialing 
     organization unless the organization is independent and free 
     of material conflicts of interest regarding whether an alien 
     receives a visa. The organization also should demonstrate an 
     ability to evaluate both the foreign credentials appropriate 
     for the profession and the results of examinations for 
     proficiency in English appropriate for the health care of the 
     kind in which the alien will be engaged, and maintain 
     comprehensive and current information on foreign educational 
     institutions, ministries of health and foreign health care 
     licensing jurisdictions. In addition, because this provision 
     contemplates that alien health-care workers be screened 
     before they arrive in the United States, such organizations 
     should demonstrate an ability to conduct examinations outside 
     the United States.
       Section 344--House recedes to Senate amendment section 216. 
     This section amends INA section 212(a)(6)(C) and 241(a)(3) to 
     create new grounds of inadmissibility and deportability in 
     the case of an alien who falsely represents himself to be a 
     citizen of the United States.
       Section 345--Senate recedes to House section 362, with 
     modifications. Subsection (a) of this section amends 
     subparagraph 212(a)(6)(F) and adds a new paragraph 
     212(d)(12), to provide that an alien who is inadmissible for 
     having been subject to a final order for a violation of 
     section 274C (civil document fraud) may have the ground of 
     inadmissibility waived if the alien is a lawful permanent 
     resident or an alien seeking admission as a family-sponsored 
     or employment-based immigrant, and, if no civil money penalty 
     had been imposed, the final order resulted from an offense 
     that was committed solely to assist an individual who at the 
     time of the document fraud offense was the alien's spouse or 
     child (and not another individual). This statutory language 
     makes clear that the family relationship must exist at the 
     time of the civil document fraud offense, not merely at the 
     time the application for the waiver is filed.
       Subsection (b) amends subparagraph 241(a)(3)(C) (prior to 
     redesignation as section 237(a)(3)(C)) to provide a similar 
     waiver for an alien who is deportable due to a section 274C 
     violation. The same limitations on family relationship are to 
     apply. No court shall have jurisdiction to review a decision 
     whether or not to grant a waiver under either of these 
     subsections.
       Section 346--House recedes to Senate amendment section 
     214(b), with modifications. This section amends INA section 
     212(a)(6) to add a new subparagraph (G), making inadmissible 
     for 5 years any alien who obtains a visa as a nonimmigrant 
     student under section 101(a)(15)(F)(i) and who violates a 
     term or condition of the nonimmigrant status.
       Section 347--House recedes to Senate amendment sections 
     217(b) and 217(c). This section adds new sections 
     212(a)(10)(F) and 241(a)(7) creating, respectively, new 
     grounds of inadmissibility and deportability in the case of 
     an alien who has voted in an election in violation of any 
     Federal, State, or local constitutional provision, statute, 
     ordinance, or regulation.
       Section 348--Senate recedes to House section 301(h), with 
     modifications. This section amends INA section 212(h) to 
     limit waivers granted under that provision in the case of an 
     immigrant previously admitted to the United States. An alien 
     is ineligible for such a waiver if since admission as a 
     lawful permanent residence, the alien has been convicted of 
     an aggravated felony, or if the alien has not lawfully 
     resided in the United States for a continuous period of 7 
     years prior to notification to the alien of proceedings to 
     remove the alien from the United States. The managers intend 
     that the provisions governing continuous residence set forth 
     in INA section 240A as enacted by this legislation shall be 
     applied as well for purposes of waivers under INA section 
     212(h).
       Section 349--Senate recedes to House section 301(d), with 
     modifications. This subsection revises INA section 212(i) to 
     provide that the ground of inadmissibility under section 
     212(a)(6)(C) (fraud and misrepresentation) may be waived in 
     the case of a spouse, son, or daughter of a United States 
     citizen or of a lawful permanent resident, if the refusal of 
     admission would result in extreme hardship to the citizen or 
     lawfully resident spouse or parent. No court shall have 
     jurisdiction to review a decision regarding such a waiver.
       Section 350--House recedes to Senate amendment section 218 
     with modifications. This section amends INA section 241(a)(2) 
     (prior to redesignation as section 237(a)(2)) to provide that 
     an alien convicted of crimes of domestic violence, stalking, 
     or child abuse is deportable. The crimes of rape and sexual 
     abuse of a minor are elsewhere classified as aggravated 
     felonies under INA section 101(a)(43), thus making aliens 
     convicted of those crimes deportable and ineligible for most 
     forms of immigration benefits or relief from deportation.
       Section 351--This section amends INA sections 212(d)(11) 
     and 241(a)(1)(E)(iii), regarding waivers, respectively, of 
     excludability and deportability in the case of an alien who 
     has engaged in alien smuggling if the act of smuggling was 
     solely to aid certain close family members. The amendment 
     clarifies that the family relationship must exist at the time 
     of the act of smuggling. Thus, an alien does not qualify for 
     the waiver if the spousal or parent-child relationship is 
     established after the offense, but prior to the date of 
     application for the waiver. The managers specifically 
     disapprove of and intend to override the recent contrary 
     holding of the Board of Immigration Appeals. See Matter of 
     Farias, Int. Dec. 3269 (BIA 1996).
       Section 352--Senate recedes to House section 301(e), with 
     modification to make the ground of inadmissibility applicable 
     to those who renounce citizenship after enactment.
       Section 353--This section identifies other sections of this 
     Act that make changes to grounds of inadmissibility or 
     deportability.


                Subtitle D--Removal of Alien Terrorists

       Section 354--Senate recedes to House section 321, with 
     modifications. This section amends INA section 504, as 
     enacted by section 401 of AEDPA (Public Law 104-132), to 
     provide, among other things, that the special deportation 
     procedures employed in the case of an alien terrorist may 
     proceed in the event that no summary of classified evidence 
     being used against the alien can be provided to the alien 
     without disclosing classified information. In such 
     circumstances, a special attorney shall be appointed for the 
     alien (in addition to the attorney who may have been 
     appointed to represent the alien in the main proceedings). 
     The special attorney shall be entitled to review the 
     classified evidence that is not disclosed or summarized for 
     the alien, but may not disclose that information to any other 
     person, including to the alien.
       Section 355--Senate recedes to House section 331, with 
     modifications. This section amends INA section 
     212(a)(3)(B)(i)(IV) as inserted by section 411(1)(C) of AEDPA 
     to clarify that when a member of an organization which 
     engages in or actively supports or advocates terrorist 
     activity is excludable from the U.S.
       Section 356--Senate recedes to House section 331, with 
     modifications. This section amends section 219(b), as added 
     by section 302(a) of AEDPA, to clarify the standard for 
     judicial review of a designation of an organization as a 
     terrorist organization.
       Section 357--Senate recedes to House section 332. This 
     section clarifies that relief under INA section 244(e)(2) 
     (voluntary departure) is not available to an alien in 
     proceedings under Title V of the INA, as inserted by AEDPA.
       Section 358--This section provides that the effective date 
     for the provisions in this subtitle shall be effective as if 
     included in the

[[Page H10901]]

     enactment of subtitle A of title IV of AEDPA, as enacted on 
     April 24, 1996.


                  Subtitle E--Transportation of Aliens

       Section 361--Senate amendment section 151(a) recedes to 
     House section 341. This section amends INA section 101 to add 
     a new paragraph (47), defining ``stowaway'' to mean any alien 
     who obtains transportation without consent including through 
     concealment. A passenger who boards with a valid ticket is 
     not to be considered a stowaway.
       Section 362--Senate recedes to House amendment section 343. 
     This section amends INA section 238, before redesignation as 
     section 233, to clarify that the authority of the INS to 
     enter into contracts with carriers who transport aliens to 
     the United States applies regardless of the point of 
     departure of such aliens, and is not limited to departures 
     from contiguous territories. The authority also is extended 
     to cover transportation by rail.


                   Subtitle F--Additional Provisions

       Section 371--Senate amendment section 183 recedes to House 
     section 352, with modifications. Subsection (a) amends 
     paragraph (4) of section 101(b) to replace the definition of 
     ``special inquiry officer'' with a definition of 
     ``immigration judge'': an attorney designated by the Attorney 
     General as an administrative judge within the Executive 
     Office for Immigration Review to conduct proceedings, 
     including proceedings under section 240. Subsection (b) 
     substitutes the term ``immigration judge'' for ``special 
     inquiry officer'' wherever it appears in the INA.
        Subsection (c) establishes a four-level pay scale for 
     immigration judges, beginning at 70 percent and reaching 92 
     percent of the next-to-highest rate of basic pay for the 
     Senior Executive Service.
       Section 372--House recedes to Senate amendment section 
     171(c). This section amends INA section 103(a) to provide 
     that in the event of a mass influx of aliens off the coast of 
     the United States or at a land border, the Attorney General 
     may authorize a State or local law enforcement officer, with 
     the consent of the officer's superiors, to perform duties of 
     immigration officers under the INA.
       Section 373--House recedes to Senate amendment section 329. 
     This section amends INA section 103(a) to clarify the 
     authority of the Attorney General to use appropriated funds 
     for the care and security of individuals detained by the 
     Service through agreements with State and local governments. 
     This provision also grants authority for the Attorney General 
     to contract with State and local authorities for 
     construction, renovation, and acquisition of equipment in 
     support of the detention of aliens held by the INS in State 
     and local facilities.
       Section 374--House recedes to Senate amendment section 
     165(a)(2)(A), with modifications, and Senate amendment 
     section 167. This section extends the authority for judicial 
     deportation under INA section 242A(c) (redesignated as 
     section 238(c)) to any case in which an alien is deportable. 
     This section also clarifies that no denial of a request for a 
     judicial order of deportation (including a decision on the 
     merits) shall preclude the Attorney General from initiating 
     deportation proceedings before an immigration judge on the 
     same or different ground of deportability. Finally, this 
     section permits the entry of a stipulated order of 
     deportation as part of a plea agreement.
       Section 375--House recedes to Senate amendment section 181. 
     This section amends INA section 245(c) to make ineligible for 
     adjustment of status aliens who are not in lawful 
     nonimmigrant status, who have violated the terms of their 
     nonimmigrant visa, or who have engaged in unauthorized 
     employment.
       Section 376--Senate recedes to House section 808, with 
     modifications. This section amends INA section 245(i) to 
     provide that an alien applying for adjustment of status under 
     this provision shall pay a fee of $1,000, not less than $800 
     of which shall be paid into an Immigration Detention Account. 
     This section also amends INA section 286 to provide for 
     creation and operation of the Immigration Detention Account.
       Section 377--House recedes to Senate amendment section 180. 
     This section amends INA section 245A to put an end to 
     litigation seeking to extend the amnesty provisions of the 
     Immigration Reform and Control Act of 1986, and to limit 
     claims under that section to aliens who in fact filed an 
     application for legalization under that section within the 
     prescribed time limits, or attempted to do so but their 
     application was refused by an immigration officer.
       Section 378--Senate amendment section 176 recedes to House 
     section 353. This section amends section 246(a) of the INA to 
     clarify that the Attorney General is not required to rescind 
     the lawful permanent resident status of a deportable alien 
     separate and apart from the removal proceeding under section 
     240.
       Section 379--House recedes to Senate amendment section 323, 
     with modifications. This section amends sections 274A and 
     274C to clarify when the decision and order of an 
     administrative law judge under these sections becomes final.
       Section 380--Senate amendment section 143(a) recedes to 
     House section 354. This section adds a new section 274D to 
     the INA, providing that aliens under an order of removal who 
     willfully fail to depart or to take actions necessary to 
     permit departure (e.g., apply for travel documents) are 
     subject to a civil penalty of up to $500 for each day in 
     violation. This section would not diminish the criminal 
     penalties at section 243(a) (for failure to depart) or at any 
     other section of the INA.
       Section 381--Senate recedes to House section 355. This 
     section clarifies that the grant of jurisdiction under 
     section 279 of the INA is to permit the Government to 
     institute lawsuits for enforcement of provisions of the INA, 
     not for private parties to sue the Government. This has no 
     effect on other statutory or constitutional grounds for 
     private suits against the Government.
       Section 382--Senate recedes to House section 359. This 
     section amends section 280(b) to provide for establishment of 
     an Immigration Enforcement Account, into which shall be 
     deposited the civil penalties collected under sections 
     240B(d), 274C, 274D, and 275(b), as amended by this bill. The 
     collected funds shall be used for specified immigration 
     enforcement purposes.
       Section 383--House recedes to Senate amendment section 319, 
     with modifications. This section amends section 301 of the 
     Immigration Act of 1990 to exclude from ``family unity'' 
     protection aliens who have committed certain serious offenses 
     while juveniles.
       Section 384--Senate amendment section 331 recedes to House 
     section 364, with modifications. This section provides that 
     the Attorney General shall not make an adverse determination 
     of admissibility or deportability against an alien or an 
     alien's child, using information furnished solely by certain 
     individuals who have battered or subjected to extreme cruelty 
     that alien or that alien's child, unless the alien has been 
     convicted of a crime identified in redesignated section 
     237(a)(2). Neither shall the Attorney General permit use by, 
     or disclosure to any person (other than an officer of the 
     Department of Justice for official and certain other 
     designated purposes) of any information that relates to an 
     alien who is the beneficiary of an application for relief 
     (which has not been denied) under section 204(a)(1)(A) and 
     (B) (self-petition for immigrant visa by alien who has been 
     battered or subject to extreme cruelty), section 216(c)(4)(C) 
     (hardship waiver allowing removal of conditional permanent 
     resident status based on qualifying marriage because alien 
     spouse or child has been subject to battery or extreme 
     cruelty), or section 244(a)(3) (suspension of deportation for 
     alien spouse or child who has been subject to battery or 
     extreme cruelty). Civil penalties are established for willful 
     violations.
       Section 385--Senate amendment section 148 recedes to House 
     section 358. This section authorizes to be appropriated 
     beginning in fiscal year 1996 the sum of $150,000,000 for 
     costs associated with the removal of inadmissible or 
     deportable aliens, including costs of detention of such 
     aliens pending their removal. This section is intended to 
     authorize sufficient funds in fiscal year 1996 for the hiring 
     of 475 detention and deportation officers and support 
     personnel and 475 investigators and support personnel.
       Section 386--Subsection (a): House section 303(b) recedes 
     to Senate amendment section 106. This section requires, 
     subject to appropriations, an increase in INS detention 
     facilities to 9,000 beds by the end of FY 1997. Subsection 
     (b): House recedes to Senate amendment section 182, with 
     modifications. This subsection requires that within 6 months 
     of the date of enactment, and every 6 months thereafter, the 
     Attorney General shall submit a report to the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     estimating the amount of detention space that will be 
     required in the current fiscal year, and in each of the 
     succeeding 5 fiscal years, to detain all aliens required to 
     be detained under INA sections 236(c) (as amended by section 
     303(a) of this Act) and 241(a) (as amended by section 305(a) 
     of this Act), to detain other illegal aliens in accordance 
     with the detention priorities of the Attorney General, and to 
     detain all inadmissible and deportable aliens subject to 
     proceedings under INA sections 235(b)(1) or (2), 238, and 
     240. The report also shall include other specified 
     information regarding the release of criminal aliens and 
     other illegal aliens into the community.
       Section 387--Senate amendment section 153 recedes to House 
     section 112. This subsection requires a pilot program to 
     determine the feasibility of using military bases available 
     as a result of base closure laws as INS detention centers, 
     and specifies that in selecting real property at a military 
     base for such purpose, the Attorney General and Secretary of 
     Defense consult with the redevelopment authority established 
     for the base and give substantial deference to the 
     redevelopment plan for the base. This section also requires a 
     report not less than 30 months after enactment to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate on the feasibility of using closed military 
     facilities as INS detention centers.
       Section 388--Section 437 of AEDPA (Public Law 104-132), 
     requires the Attorney General to implement within 180 days of 
     enactment a program to repatriate aliens who have illegally 
     entered the United States not less than 3 times, and who are 
     being removed to a country contiguous to the United States, 
     to a location not less than 500 kilometers from that 
     country's border with the United States. In light of this 
     enactment, the pilot programs in House section 111 and Senate 
     amendment section 152 are unnecessary. The Senate recedes to 
     House section 111(b), requiring a report to the Committees on 
     the Judiciary of the House of Representatives and Senate 
     regarding interior repatriation, with modification to refer 
     to the mandate in section 437 of AEDPA.

[[Page H10902]]

        Title IV--Enforcement of Restrictions Against Employment


   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

       Sections 401 through 405--Senate amendment sections 111-115 
     recede to House section 401, with modifications. Subtitle A 
     sets up three pilot programs of employment eligibility 
     confirmation which will last four years each. These programs 
     generally will be operated according to the pilot program 
     procedures set out in House section 401. Participation in the 
     pilot programs will be voluntary on the part of employers, 
     except with regard to the executive and legislative branches 
     of the Federal Government and certain employers who have been 
     found to be in violation of certain sections of the 
     Immigration and Nationality Act. Volunteer employers may have 
     their elections apply to all hiring in all State(s) in which 
     a pilot program is operating, or to their hiring in only one 
     or more pilot program States or places of hiring within any 
     such States. The Attorney General may reject elections or 
     limit their applicability where the pilot program would have 
     insufficient resources available to allow the company to 
     participate in the pilot to the extent desired. The Attorney 
     General may permit a participating employer to have its 
     election apply to hiring in States in which the chosen pilot 
     program is not otherwise operating (if the State meets the 
     requirements of the pilot program). If an electing employer 
     fails to comply with its obligations under a pilot program, 
     such as by not complying with the program requirements for 
     all new employees covered by its election, the Attorney 
     General may terminate the employer's participation in the 
     pilot program. An employer may also choose to terminate its 
     participation (in such form and manner as the Attorney 
     General may specify). If an employer required to participate 
     in a pilot program fails to comply, such failure will be 
     treated as a paperwork violation of the Immigration and 
     Nationality Act's employment verification requirement, and a 
     rebuttable presumption will arise that the employer has hired 
     aliens knowing that they are unauthorized to work in the 
     United States.
       An employer participating in a pilot program who receives 
     confirmation of an employee's identity and employment 
     eligibility under the program will benefit from a rebuttable 
     presumption that the employer has not hired an alien knowing 
     the alien is unauthorized to work. Also, the Attorney General 
     shall designate one or more individuals in each INS District 
     Office for a Service District in which a pilot program is 
     being implemented to assist employers in electing and 
     participating in the program, and in more generally complying 
     with INA section 274A.
       The first pilot program, the basic pilot program, 
     originates in House section 401. Employers in (at a minimum) 
     five of the seven States with the highest number of illegal 
     aliens may elect to participate. As under current law, the 
     employer will have to complete the document review process 
     described in INA section 274A(b) (as modified to increase the 
     reliability of identification documents). However, if the 
     Attorney General determines that an employer participating in 
     this (or either of the other two) pilot program(s) can 
     reliably determine a new employee's identity and 
     authorization to work in the United States relying only on 
     the pilot program procedures (discussed below) and a document 
     review process including only documents confirming identity, 
     the Attorney General can exempt participating employers from 
     having to review documents confirming employment 
     authorization.
       Under the basic pilot program, employers would then make 
     inquiries (within three days of hire) to the Attorney General 
     (or a designee) by means of toll-free telephone line or other 
     toll-free electronic media to seek confirmation of the 
     identity and employment eligibility of new employees. 
     Employers would be given additional time to make inquiries in 
     situations where the confirmation system did not receive 
     their initial inquiry, for instance because the system's 
     phone lines were overloaded or out of operation. While the 
     pilot program could not require that participating employers 
     pay any fee to participate, employers would be responsible 
     for providing the equipment needed to make inquiries. In most 
     cases, this would simply be a telephone. However, if an 
     employer wanted to use, for instance, a computer and modem to 
     make large numbers of inquiries at once, the employer would 
     have to provide such equipment. When making an inquiry, an 
     employer would provide a new employee's name and social 
     security number (and, if the employee had not attested to 
     being a citizen, the employee's INS-issued number).
       Through the confirmation system, this information provided 
     in the inquiry will be checked against existing Federal 
     Government records in order to provide (or not provide) 
     confirmation of identity and work authorization. No new types 
     of records will be added to government databases. The 
     confirmation system will respond within three days of an 
     inquiry--either by providing confirmation of the employee's 
     identity and authorization to work or by providing a 
     tentative nonconfirmation (in both cases, an appropriate code 
     will be provided the employer by the system). After being 
     notified of the tentative nonconfirmation, the employee can 
     chose to contest or not contest the finding. If the employee 
     does not contest the finding, the non-confirmation is 
     considered final. If the employee does contest the finding, 
     he or she--within a 10-day secondary verification period--
     will communicate with the Commissioner of Social Security 
     and/or the Commissioner of the Immigration and Naturalization 
     Service to resolve those issues preventing the confirmation 
     system from confirming the employee's identity and work 
     authorization. By the end of the secondary verification 
     period, the confirmation system must provide either a final 
     confirmation or a final nonconfirmation (and appropriate 
     code) to the employer. An employer shall not terminate 
     employment of an employee because of a failure to have 
     identity and work authorization confirmed under the pilot 
     program until a nonconfirmation becomes final. However, the 
     employer can terminate the employee for other reasons (as 
     consistent with applicable law), such as the failure of the 
     employee to show up for work following a tentative 
     nonconfirmation.
       An employer, once provided with final nonconfirmation with 
     regard to an employee, may either terminate the individual or 
     continue his or her employment. If the employer continues to 
     employ the individual, the employer must notify the Attorney 
     General of this decision. Failure to notify will be deemed to 
     be a paperwork violation and will be subject to enhanced 
     paperwork violation penalties. Also, if the employer 
     continues employment, a rebuttable presumption is created 
     that the employer has hired the employee knowing the employee 
     is unauthorized to work in the United States. The option of 
     continued employment is only intended for the rare 
     circumstance where an employer has knowledge independent of 
     the confirmation process that the employee is eligible to 
     work in the United States--such as knowing the employee since 
     childhood.
        The second pilot program, the citizenship-attestation 
     pilot program, originated in Senate amendment section 
     112(a)(2)(G). It will operate in at least 5 States or, if 
     fewer, all of the States that issue driver's licenses and 
     identification cards with enhanced security features and 
     procedures. However, employers can only participate in this 
     pilot program in the sole discretion of the Attorney General. 
     It will operate like the basic pilot program, with one 
     important modification. If an employee attests to being a 
     citizen, the employer is not required to (1) review documents 
     confirming employment authorization when completing the 
     274A(b) document review process, or (2) make an inquiry 
     through the confirmation system. This pilot program is 
     designed to make the hiring process as easy and pitfall-free 
     as possible for citizens and their employers. Its success 
     depends in part on the effectiveness of this Act's heightened 
     penalties for falsely attesting to U.S. citizenship.
        A variation of the citizen-attestation pilot project will 
     be open to election by a maximum of 1,000 employers chosen by 
     the Attorney General. Under this program, employers do not 
     have to comply with any part of the 274A(b) document review 
     process with regard to new employees who attest to being 
     citizens. Otherwise, the program is identical in nature to 
     the citizen-attestation pilot program.
       The third pilot program, the machine-readable document 
     pilot program, originates in Senate section 112(a)(2)(F). It 
     will operate as does the basic pilot program, except that if 
     the new employee presents a State-issued identification 
     document or driver's license that includes a machine-readable 
     social security number, the employer will make an inquiry 
     through the confirmation system by using a machine-readable 
     feature of such document. The employer would have to procure 
     the device needed to read the machine-readable document and 
     to supply the information needed for the inquiry through the 
     machine-readable feature of the document. Since the Social 
     Security Administration does not keep up-to-date records of 
     the employment eligibility of aliens, those employees who do 
     not attest to citizenship will also have to provide their 
     INS-issued numbers, which the employers will pass on when 
     making inquiries through the confirmation system. Employees 
     not possessing machine-readable documents will be confirmed 
     as under the basic pilot program.
        The machine-readable document pilot program is of course 
     limited by the number of States which issue such enhanced 
     documents and the fact that even in such States, not all 
     individuals will have the machine-readable documents. Thus, 
     it will only operate in at least 5 of the States (or, if 
     fewer, all of the States) which issue driver's licenses and 
     other identification documents with a machine-readable social 
     security number (which need not be visible on the card). 
     States are encouraged to issue such documents since use of 
     machine-readable documents makes the confirmation process 
     simpler and provides additional assurance that the documents 
     are genuine.
        Employers participating in any of the pilot programs are 
     shielded from civil or criminal liability for actions taken 
     in good faith reliance on information provided through the 
     confirmation system--such as firing a new employee after 
     receiving a final nonconfirmation of identity and/or work 
     authorization through the confirmation system or continuing 
     to employ an employee after receiving final confirmation.
        Nothing in Subtitle A shall be construed to permit the 
     Federal Government to utilize any information, data base, or 
     other records assembled under the subtitle for any purpose 
     other than as provided for under one of the three pilot 
     programs. In addition, nothing in the subtitle shall be 
     construed to authorize

[[Page H10903]]

     the issuance or use of national identification cards or the 
     establishment of a national identification card. The 
     confirmation system shall be designed and operated to, among 
     other things, maximize its reliability and ease of use 
     consistent with insulating and protecting the privacy and 
     security of the underlying information, prevent the 
     unauthorized disclosure of personal information, and ensure 
     that the system not result in unlawful discriminatory 
     practices based on national origin or citizenship status. 
     Finally, the INS and Social Security Administration shall 
     update their information in a manner that promotes maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information.


       Subtitle B--Other Provisions Relating to Employer Sanctions

        Section 411--Senate recedes to House section 402, with 
     modifications. This section provides those employers who in 
     good faith make technical or procedural errors in complying 
     with INA section 274A(b) an opportunity to correct those 
     errors without penalty.
        Section 412(a)--House section 403(a) recedes to Senate 
     amendment section 116(b), with modifications. This provision 
     reduces the number of documents that can be used to establish 
     an individual's employment authorization and/or identity 
     under section 274A(b) of the Immigration and Nationality Act. 
     To establish both employment authorization and identity, an 
     individual may present a 1) a U.S. passport, or 2) a resident 
     alien card, alien registration card, or other document 
     designated by the Attorney General, all of which must meet 
     certain standards (including having certain security 
     features). The other documents designated by the Attorney 
     General may include an unexpired foreign passport which has 
     an appropriate, unexpired endorsement of the Attorney General 
     or an appropriate unexpired visa authorizing the individual's 
     employment in the United States. To establish employment 
     authorization, an individual may present a social security 
     account number card or certain other documentation found 
     acceptable by the Attorney General. No change has been made 
     from current law as to the documents which may be presented 
     to establish identity. Finally, the Attorney General may 
     prohibit or place conditions on the use of any documents for 
     purposes of section 274A(b) if they are found to not reliably 
     establish employment authorization or identity or are being 
     used fraudulently to an unacceptable degree.
        Section 412(b)--Senate recedes to House section 403(b), 
     with modifications. This provision provides a streamlined 
     confirmation process under INA section 274A(b) for a new 
     employee who is beginning work for a member of an employer 
     association that has concluded a collective bargaining 
     agreement with an organization representing the employee and 
     the employee has within a specified period worked for another 
     member of the association who has complied with the 
     requirements of section 274A(b) with respect to the employee. 
     If these conditions are met, the current employer is deemed 
     to have complied with the requirements of section 274A(b) 
     with respect to the employee.
        Section 412(c)--Senate recedes to House section 403(c). 
     This provision eliminates obsolete provisions of the 
     Immigration and Nationality Act.
        Section 412(d)--Senate recedes to House section 403(d). 
     This provision clarifies that the Federal government must 
     comply with section 274A of the Immigration and Nationality 
     Act, which makes unlawful the knowing employment of aliens 
     not authorized to work in the United States and requires 
     employers to confirm the identity and employment 
     authorization of new employees.
        Section 413--Senate recedes to House section 404(c)(2). 
     This provision requires the Attorney General to submit to 
     Congress a report on additional authority or resources needed 
     to enforce section 274A of the Immigration and Nationality 
     Act and the Executive Order of February 13, 1996 (prohibiting 
     Federal contractors from knowingly hiring aliens not 
     authorized to work in the United States).
        Section 414--Senate recedes to House section 405, with 
     modifications. This provision requires the Commissioner of 
     Social Security to prepare annual reports regarding social 
     security account numbers issued to aliens not authorized to 
     be employed, with respect to which, in a fiscal year, 
     earnings were reported to the Social Security Administration, 
     and a single report on the extent to which social security 
     account numbers and cards are used by aliens for fraudulent 
     purposes.
        Section 415--Senate recedes to House section 406. This 
     section authorizes the Attorney General to require aliens to 
     provide their social security account numbers.
        Section 416--House recedes to Senate amendment section 
     120A(a)(1). This section provides that certain immigration 
     officers may compel by subpoena the attendance of witnesses 
     and the production of documents while conducting 
     investigations of potential violations by employers of 
     section 274A(a) of the Immigration and Nationality Act.


      SUBTITLE C--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

       Section 421--House section 407(b) recedes to Senate section 
     117. This provision provides that an employer's request of a 
     new employee for more or different documents than are 
     required to confirm an employee's identity and authorization 
     to work in the United States under INA section 274A(b) or an 
     employer's refusal to honor documents that reasonably appear 
     to be genuine shall only be considered unfair immigration-
     related employment practices under INA section 274B(a)(1) if 
     made for the purpose or with the intent of unlawfully 
     discriminating against the employee on the basis of 
     citizenship status or national origin.

              Title V--Restrictions on Benefits for Aliens

       Section 500--Senate recedes to House section 600 with 
     modifications to divide this section into two parts: 
     subsection (a), setting forth a series of statements of 
     congressional policy regarding aliens and public benefits; 
     and subsection (b), stating the sense of Congress that: (1) 
     courts should apply the same standard of review to States 
     choosing to restrict their public benefits programs pursuant 
     to the authorizations contained in this Act as the court uses 
     in determining whether an Act of Congress regulating the 
     eligibility of aliens for public benefits is constitutional; 
     and (2) if a court applies the strict scrutiny standard of 
     constitutional review, the court shall consider the State law 
     to be the least restrictive means available for achieving the 
     compelling government interest of assuring that aliens be 
     self-reliant in accordance with national immigration policy. 
     The purpose of the congressional grants of authority to 
     States regarding eligibility for public benefits contained in 
     this Act is to encourage States to implement the national 
     immigration policy of assuring that aliens be self-reliant 
     and not become public charges--a fundamental part of U.S. 
     immigration policy since 1882.


SUBTITLE A--ELIGIBILITY OF EXCLUDABLE, DEPORTABLE, NONIMMIGRANT ALIENS 
                   FOR PUBLIC ASSISTANCE AND BENEFITS

       Sections 501 and 502--House section 601 recedes to Senate 
     amendment section 201(a)(1) with modifications. These 
     sections bar ineligible aliens (as defined herein) from 
     Federal, State, and local public benefits programs, 
     contracts, grants, loans, and licenses, with specified 
     exemptions (as defined herein).
       In general, ineligible aliens should not take advantage of 
     taxpayers by accessing public benefits. However, the managers 
     believe that certain public health, nutrition, and in-kind 
     community service programs should be exempted from the 
     general prohibition on ineligible aliens accessing public 
     benefits. The exemption for public health assistance for 
     immunizations is not intended to be limited to immunizations 
     under the Public Health Service Act, but refers to all 
     immunizations. In the subparagraph treating certain battered 
     aliens (or certain aliens subjected to extreme cruelty) as 
     eligible aliens, the managers believe that the phrase ``an 
     alien whose child has been battered or subjected to extreme 
     cruelty'' includes children who have been sexually molested.
       The managers intend that the inclusion of parolees who are 
     paroled into the U.S. for a period of at least one year in 
     the definition of eligible alien refers only to the period 
     for which such aliens are authorized to remain in the U.S. 
     after their parole. The statement contained in the Committee 
     Report accompanying the Senate Amendment, that such reference 
     referred to parolees who had been present in the U.S. for one 
     year or more, does not reflect the intention of the managers 
     as stated herein.
       In defining ``means-tested public benefit,'' (for purposes 
     of sections 501, 551, 552), the managers do not intend to 
     include programs which do not consider an applicant's income 
     in the disbursement of assistance. For example, Title I 
     grants under the Elementary and Secondary Education Act of 
     1965 are provided to school districts with significant 
     numbers of needy students. Since all students in that 
     district will receive assistance from these funds--regardless 
     of each student's financial status--neither ``deeming'' (see 
     section 552) nor the prohibition on receipt by illegal aliens 
     are applicable. ESEA is exempted under sections 551 and 552 
     only because certain means-tested benefits (such as Elleander 
     Fellowships) are authorized under that Act as well.
       Many States use Federal block grant monies to provide 
     services to the poor which are not within the scope of what 
     the managers consider ``means-tested.'' For example, soup 
     kitchens and homeless shelters serve needy individuals, but 
     the operators do not require each applicant to demonstrate 
     financial need. Similarly, if a State chose to use money from 
     the Social Service Block Grant to fund the administrative 
     costs of a youth soccer league in a poor area of that State, 
     such a benefit would not be considered ``means-tested'' under 
     this Act.
       The exception for treatment of communicable diseases is 
     very narrow. The managers intend that it only apply where 
     absolutely necessary to prevent the spread of such diseases. 
     The managers do not intend that the exception for testing and 
     treatment for communicable diseases should include treatment 
     for the HIV virus or acquired immune deficiency syndrome. 
     This exception is only intended to cover short-term measures 
     that would be taken prior to the departure of the alien from 
     the United States. It does not provide authority for long-
     term treatment of such diseases or a means for illegal aliens 
     to delay their removal from the country.
       The allowance for emergency medical services also is very 
     narrow. The managers intend that it only apply to medical 
     care that is strictly of an emergency nature, such as medical 
     treatment for emergency treatment administered in an 
     emergency room, critical care unit, or intensive care unit. 
     Emergency

[[Page H10904]]

     medical services do not include pre-natal or delivery care, 
     or post-partum assistance, that is not strictly of an 
     emergency nature as specified herein--including State-funded 
     or administered pre-natal and post-partum care. The managers 
     intend that any provision of services under this exception 
     for mental health disorders be limited to circumstances in 
     which the alien's condition is such that he is a danger to 
     himself or to others and has therefore been judged 
     incompetent by a court of appropriate jurisdiction.
       Section 503--House section 602 recedes to Senate amendment 
     section 201(b) with modifications to eliminate the crediting 
     of employment for purposes of unemployment benefits for 
     individuals in PRUCOL status.
       Section 504--House recedes to Senate amendment section 
     201(c) with modifications. This section amends section 202 of 
     the Social Security Act to provide that no Social Security 
     benefits may be paid to an alien not lawfully present in the 
     United States. This section also amends section 210 of the 
     Social Security Act to provide that periods of unauthorized 
     employment shall not count towards an alien's eligibility for 
     Social Security retirement benefits. The managers intend to 
     allow sufficient time for the Social Security Administration 
     to comply with this provision in order for SSA field offices 
     to develop appropriate screening procedures.
       Section 505--Senate recedes to House section 601(c) with 
     modifications to amend the SAVE program. This section 
     requires proof of identity for all applicants in addition to 
     the verification requirements for non-citizens under section 
     1137(d) of the Social Security Act.
       Section 506--Senate recedes to House section 601(d). This 
     section authorizes State and local governments to require 
     proof of eligibility (including identity) from applicants for 
     State and local public benefits programs.
       Section 507--House recedes to Senate amendment section 
     201(a)(2) with modifications. This section provides that 
     illegal aliens are not eligible for in-state tuition rates at 
     public institutions of higher education.
       Section 508--Senate recedes to House section 606. House 
     recedes to Senate amendment section 205. This section 
     requires that applicants for post-secondary financial 
     assistance be subject to verification of their eligibility 
     prior to receiving such assistance. The managers believe that 
     House section 606 reflects the current practice of the 
     Department of Education regarding the verification of student 
     eligibility for postsecondary financial assistance.
       Section 509--House recedes to Senate amendment sections 324 
     and 326. These sections amend the Social Security Act, and 
     the Higher Education Act of 1986 to require the submission of 
     photostatic or similar copies of documents or information 
     specified by the INS for verification of an alien's 
     immigration status.
       Section 510--House recedes to Senate amendment section 
     201(e) with modifications. This section requires Federal, 
     State, and local public benefits agencies to verify an 
     applicant's eligibility (including the amount of eligibility) 
     prior to the administration of public benefits by a non-
     profit charitable organization. The managers believe that 
     non-profit charitable organizations themselves should not 
     have to verify immigration status or determine the 
     eligibility of aliens for public benefits, e.g., by 
     ``deeming'' the income of sponsors to immigrant applicants 
     for assistance (see section 552). The managers also believe, 
     however, that the appropriate Federal or State agency must 
     verify and determine the amount of eligibility of aliens for 
     public benefits before a non-profit charitable organization 
     may distribute means-tested benefits to such aliens.
       Section 511--Senate recedes to House section 607, with 
     modifications. This section requires the Comptroller General 
     to submit a report to the Committees on the Judiciary of the 
     House of Representatives and the Senate regarding the receipt 
     of means-tested public benefits by ineligible aliens on 
     behalf of U.S. citizens and eligible aliens. The managers 
     note that illegal aliens often access public benefits, such 
     as AFDC and Food Stamps, for which they themselves are 
     ineligible, by applying for such benefits on behalf of their 
     U.S. citizen or legal immigrant children.


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

       Section 531--Senate recedes to House section 621 with 
     modifications. This section amends INA section 212(a)(4) to 
     expand the public charge ground of inadmissibility. Aliens 
     have been excludable if likely to become public charges since 
     1882. Self-reliance is one of the most fundamental principles 
     of immigration law. The managers believe that all family-
     sponsored immigrants, and certain employment-based 
     immigrants, should have affidavits of support executed on 
     their behalf as a condition of admission.
       Section 532--House recedes to Senate amendment section 202 
     with modifications. This section amends INA section 241(a)(5) 
     to expand the public charge ground of deportation. Aliens who 
     access welfare have been deportable as public charges since 
     1917. However, only a negligible number of aliens who become 
     public charges have been deported in the last decade. The 
     managers believe that aliens who become public charges within 
     7 years of their admission to the United States should 
     promptly be removed from the country. Just as with the 
     definition of ``eligible alien'' in section 501, the 
     exception in section 532 for battered children includes 
     children who are victims of sexual molestation.


      Subtitle C--Affidavits of Support and Attribution of Income

       Section 551--House recedes to Senate amendment section 203 
     with modifications. This section creates a new, legally-
     binding affidavit of support in order to seek reimbursement 
     from sponsors for the costs of providing public benefits. The 
     managers intend that the affidavit of support be a legally-
     binding contract between an alien's sponsor, the sponsored 
     alien, and the government. The managers also intend that 
     public hospitals, private hospitals, and community health 
     centers be allowed to seek reimbursement from sponsors for 
     the costs of providing emergency medical services to the 
     extent such services would, in the absence of the deeming 
     requirements of section 552, be reimbursed by means-tested 
     public benefit programs. The managers further intend that the 
     new, legally enforceable, affidavit of support be used in all 
     cases where an affidavit of support is required (including 
     for nonimmigrants and aliens granted parole under section 
     212(d)(5) of the INA), either by statute, regulation, or 
     administrative practice. Exceptions to the definition of 
     ``means-tested public benefit'' include 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 of such disease. However, the exception applies in 
     the case of HIV infection to testing only.
       The provision is designed to encourage immigrants to be 
     self-reliant in accordance with national immigration policy. 
     The managers intend to establish a process that will 
     authorize visas only for those applicants whose sponsors 
     (both the petitioning sponsor as defined in subsection 
     (g)(1), (g)(2), (g)(3), or (g)(4)) and any non-petitioning 
     sponsor as defined in subsection (g)(5)) demonstrate the 
     means to meet the applicable income requirements (as set 
     forth in subsection (g)). It is expected that an applicant 
     whose sponsors fail to demonstrate the means to meet the 
     applicable income requirements will be denied a visa, and 
     that the next applicant in the queue will then be given an 
     opportunity to qualify. The managers further intend that an 
     applicant whose petitioning sponsor or non-petitioning 
     sponsor (or both) is unable to meet the applicable income 
     requirements in the initial interview may be afforded one 
     additional opportunity to meet such requirements. If such 
     applicant has already utilized a non-petitioning sponsor at 
     the initial interview, and such non-petitioning sponsor was 
     unable to meet the applicable income requirements, such 
     applicant may be provided one additional opportunity to 
     demonstrate that the non-petitioning sponsor meets the 
     applicable income requirements, but may not be authorized in 
     the second interview to substitute a new or different non-
     petitioning sponsor. The managers intend that applicants 
     shall have no more than two opportunities to demonstrate that 
     their sponsor (or sponsors) meets the applicable income 
     requirements.
       Section 552--House recedes to Senate amendment section 204 
     with modifications. This section deems that a sponsor's 
     income is to be counted with a sponsored alien's in 
     determining the alien's eligibility for public benefits. In 
     subsection (c)(4), the managers intend for the Attorney 
     General to enter information regarding the eligibility 
     (including the amount of eligibility) of aliens for public 
     benefits into the SAVE system as a means for all public 
     benefits agencies to access such information for purposes of 
     determining eligibility and seeking reimbursement. In 
     subsection (d)(1), the managers believe that the scope of the 
     exception to deeming in cases of indigence is very narrow, 
     and only applies to situations where a sponsor and the 
     sponsor's spouse cannot or will not provide needed support, 
     and the sponsored alien could not obtain food or shelter 
     without assistance from a public benefits agency. In 
     determining whether a sponsored alien could obtain food or 
     shelter in such a situation, the agency making the 
     determination shall take into account whether the sponsored 
     alien could obtain assistance for food or shelter from a 
     privately-funded organization, and if so, shall refer the 
     alien to such organization in lieu of providing benefits. The 
     agency must notify the Attorney General when exercising this 
     exception.
       Under current law, all three programs which ``deem'' 
     sponsor income exclude a portion of the sponsor's income in 
     their calculations. This legislation rejects this approach. 
     At entry, a sponsor and the sponsored alien are considered to 
     be part of one family unit (living under the same roof), and 
     all of the sponsor's income is considered to be available--
     just as would be available to the sponsor's spouse or child. 
     The same approach should be used at adjudication for 
     benefits. All of the income of the sponsor and the sponsor's 
     spouse should be deemed to be available to the sponsored 
     alien, as though the sponsored alien is a member of the same 
     family unit (and lives under the same roof) as the sponsor.
       Subsection (d) provides that the deeming rules shall not 
     apply to Medicaid assistance used for emergency medical 
     services. Under subsection 552(f), just as in the case of the 
     definition of ``eligible alien'' in section 501, the 
     exception to deeming rules for battered children includes 
     children who are victims of sexual molestation.
       Section 553--House recedes to Senate amendment section 
     204(e). This section authorizes State and local government to 
     follow the Federal Government in deeming a

[[Page H10905]]

     sponsor's income to a sponsored alien who applies for public 
     benefits. The managers intend to authorize States to enact 
     sponsor-to-alien deeming laws as part of the national 
     immigration policy that aliens be self-reliant. If a State 
     deeming law, enacted pursuant to the authorization contained 
     in this section, should be challenged in court, the managers 
     intend that the court shall apply the standard of review 
     described in section 500(b)(1) of this Act.
       Section 554--House recedes to Senate amendment section 206. 
     This section authorizes State and local governments to enact 
     alienage restrictions in State and local cash public 
     assistance programs. The managers intend to authorize States 
     to prohibit or otherwise limit eligibility of aliens for 
     general cash assistance as part of the national immigration 
     policy that aliens be self-reliant, but only to the extent 
     that such limit is not more restrictive than under comparable 
     Federal programs. If a State restriction, enacted pursuant to 
     the authorization contained in this section, should be 
     challenged in court, the managers intend that the court shall 
     apply the standard of review contained in section 500(b)(1) 
     of this Act.


                  Subtitle D--Miscellaneous Provisions

       Section 561--House recedes to Senate amendment section 207 
     with modifications. This provision increases the maximum 
     criminal penalties for forging or counterfeiting a Federal 
     seal or facilitating the fraudulent obtaining of public 
     benefits by aliens.
       Section 562--Senate recedes to House section 812, with 
     modification. This section amends INA section 412(c)(2) to 
     specify that in the computation of targeted refugee 
     resettlement assistance, each county shall receive the same 
     amount of assistance for each refugee and entrant residing in 
     the county at the beginning of each fiscal year (counting 
     those refugees and entrants who arrived within 60 months 
     prior to that fiscal year).
       Section 563--Senate recedes to House section 604 with 
     modifications. This provision allows public hospitals to seek 
     reimbursement for costs incurred from providing emergency 
     medical services to illegal aliens if the immigration status 
     of individuals for whom reimbursement is sought has been 
     verified, but is not intended to create an entitlement for 
     such reimbursement.
       Section 564--House recedes to Senate amendment section 211 
     with modifications. This provision allows States to be 
     reimbursed for emergency ambulance service costs provided to 
     certain illegal aliens who are injured while attempting to 
     enter the U.S., but is not intended to create an entitlement 
     for such reimbursement.
       Section 565--House recedes to Senate amendment section 315 
     with modifications. This section establishes a pilot program 
     to require bonds in addition to sponsorship and deeming 
     requirements for the purposes of overcoming excludability as 
     a public charge under INA section 212(a)(4). The managers 
     believe that where bonds are used to overcome the grounds for 
     exclusion as a public charge, whether in this pilot program 
     or in current INA section 213, the bonds should be required 
     in addition to, not in lieu of, the new sponsorship and 
     deeming requirements created in this Act.
       Section 566--The managers agree to require a series of 
     reports by the Attorney General regarding the affidavit of 
     support, attribution of sponsor income, public charge 
     deportation, and non-profit charitable organization exemption 
     provisions of this Act.


                     Subtitle E--Housing Assistance

       Section 571--House recedes to Senate amendment section 221. 
     This section provides a short title for the provisions 
     contained in this subtitle.
       Section 572--House recedes to Senate amendment section 222 
     with modifications. This section prorates public housing 
     assistance based upon the number of eligible recipients 
     within a family unit.
       Section 573--House section 611 recedes to Senate amendment 
     section 223 with modifications. This provision limits any 
     deferrals of termination decisions to a single 3-month 
     period.
       Section 574--House section 612 recedes to Senate amendment 
     sections 224 and 325 with modifications. This provision 
     ensures that aliens are not allowed to receive public housing 
     assistance until their eligibility has been verified. Aliens 
     may not begin receiving such assistance while their 
     applications are pending.
       Section 575--House section 613 recedes to section 225 of 
     the Senate amendment. This section prohibits sanctions 
     against entities that make erroneous determinations of 
     eligibility for housing assistance.
       Section 576--House section 614 recedes to Senate amendment 
     section 227 with modifications. This provision establishes 
     regulations for carrying out the sections of this subtitle.
       Section 577--House section 605 recedes to Senate amendment 
     section 201(d). This provision requires a report describing 
     the manner in which the Secretary of Housing and Urban 
     Development is enforcing section 214 of the Housing and 
     Community Development Act of 1980, which prevents illegal 
     aliens from receiving public housing assistance.


                     Subtitle F--General Provisions

       Section 591--House recedes to Senate amendment section 
     231(a). This section provides that unless otherwise 
     specified, the provisions of this title take effect on the 
     date of enactment.
       Section 592--Senate recedes to House section 634. This 
     section clarifies that the provisions of this title do not 
     set forth all requirements of eligibility for public 
     assistance, or determine when such requirements are 
     satisfied, but only relate to the general issue of 
     eligibility or ineligibility on the basis of alienage.
       Section 593--The managers agree to include a provision 
     clarifying that Title V does not apply to programs of foreign 
     assistance.
       Section 594--House recedes to Senate amendment section 
     201(a)(3) with modifications to allow either individual or 
     public notice of changes in eligibility for benefits 
     recipients caused by this Act.
       Section 595--This section provides that, for purposes of 
     this title, the definitions of ``alien,'' ``State,'' ``United 
     States,'' ``national,'' ``naturalization,'' and ``child'' are 
     the same definitions as set forth in the INA.
       The managers acknowledge that some of the provisions 
     contained in this Title differ from similar provisions 
     enacted this year as part of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (Public Law 104-
     193). To the extent possible, the managers intend to 
     reconcile these differing provisions during the next Congress 
     to avoid confusion in the implementation of these policies.

                   TITLE VI--MISCELLANEOUS PROVISIONS


                Subtitle A--Refugees, Parole, and Asylum

       Section 601--Senate recedes to House section 501. 
     Subsection (a) amends the definition of refugee at section 
     101(a)(42) to provide that a person who has been forced to 
     abort a pregnancy or to undergo involuntary sterilization, or 
     who has been persecuted for failure or refusal to undergo 
     such a procedure or for other resistance to a coercive 
     population control program shall be deemed to have been 
     persecuted on account of political opinion, and a person who 
     has a well founded fear of being compelled to undergo such a 
     procedure or being subject to such persecution shall be 
     deemed to have a well founded fear of persecution on account 
     of political opinion.
       Subsection (b) amends section 207(a) to provide that not 
     more than 1,000 refugees shall be admitted on the basis of 
     persecution under coercive population control policies.
       Section 602--House recedes to Senate amendment section 191 
     with modifications. This section amends INA section 212(d)(5) 
     to provide that the Attorney General's parole authority may 
     be exercised only on a case-by-case basis for urgent 
     humanitarian reasons or significant public benefit. This 
     section also requires that not later than 90 days after the 
     end of the fiscal year, the Attorney General shall report to 
     the Committees on the Judiciary of the House of 
     Representatives and the Senate describing the number and 
     categories of aliens paroled into the United States under 
     section 212(d)(5), along with other specified information.
       Section 603--House recedes to Senate amendment section 192 
     with modifications. This section amends INA section 201(c) to 
     provide, beginning in 1999, that aliens paroled into the 
     United States in the second previous fiscal year who do not 
     depart within 365 days and who have not yet become permanent 
     resident aliens (or who, if they did become LPRs, did so 
     under a provision of law other than 201(b) that did not count 
     toward the worldwide level), will be counted towards the 
     worldwide level of family-sponsored immigrants. If an alien 
     is counted towards the worldwide level under this provision 
     and subsequently adjusts to LPR status, the alien shall not 
     be so counted again at the time of adjustment.
       Section 604--Senate recedes to House section 511, with 
     modifications. This section amends section 208 of the 
     Immigration and Nationality Act to provide that an alien who 
     is physically present in, or who arrives in, the United 
     States may apply for asylum in accordance with section 208 
     or, where applicable, section 235(b)(1). However, an alien 
     may not apply for asylum if the Attorney General determines 
     that the alien can be returned to a safe third country 
     pursuant to a bilateral agreement, unless the Attorney 
     General finds that it is in the public interest for the alien 
     to receive asylum in the United States. An applicant for 
     asylum must demonstrate by clear and convincing evidence that 
     the application has been filed within 1 year of arriving in 
     the United States (unless the alien can demonstrate to the 
     satisfaction of the Attorney General that extraordinary 
     circumstances caused the delay in filing an application prior 
     to the deadline), and an alien is not eligible to apply for 
     asylum if the alien has previously applied for and been 
     denied asylum; these bars do not apply if the alien 
     demonstrates the existence of changed circumstances which 
     materially affect the applicant's eligibility for asylum. A 
     determination by the Attorney General that an alien is 
     ineligible to apply for asylum is not subject to judicial 
     review.
       Subsection (b) adopts the conditions for granting asylum 
     outlined in House section 511(a). Subsection (c) clarifies 
     the status of an alien granted asylum. It also provides that 
     asylum may be terminated if the alien: is no longer a refugee 
     under section 101(a)(42); is ineligible for asylum under 
     subsection (b); may be returned to a safe third country; has 
     voluntarily returned to his country of nationality or last 
     habitual residence with lawful permanent resident or 
     equivalent status; or has acquired a new nationality which 
     confers protection on the alien. An alien whose asylum is 
     terminated is subject to any applicable ground of 
     inadmissibility or deportation.

[[Page H10906]]

       Subsection (d) provides for the establishment of procedures 
     for considering applications for asylum. The applicant may be 
     required to submit fingerprints and a photograph. The House 
     provisions regarding employment authorization, application 
     fees, legal representation, and notice of the consequences of 
     knowingly filing a frivolous application for asylum are 
     included, as are the House provisions on consideration of 
     asylum applications. If the Attorney General determines that 
     an alien has knowingly made a frivolous application for 
     asylum and the alien has received notice, the alien shall be 
     permanently ineligible for any benefits under the INA. 
     Nothing in subsection (d) shall be construed to create any 
     substantive or procedural right or benefit that is 
     enforceable by any party against the United States.
       Subsection (b) makes conforming and clerical amendments. 
     Subsection (c) provides that the amendments made by this 
     section shall take effect on the first day of the first month 
     beginning more than 180 days after the date of enactment.
       Section 605--Senate recedes to House section 513. This 
     section authorizes an increase in the number of asylum 
     officers by at least 600 in FY 1997.
       Section 606--House recedes to Senate amendment section 196. 
     This section provides for the conditional repeal of the Cuban 
     Adjustment Act upon the establishment of democracy in Cuba.


Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                  Act

       Section 621--House recedes to Senate amendment section 185. 
     This section amends INA section 214(j)(1) to double the 
     number of ``S'' visas (pertaining to alien witness 
     cooperators) that may be issued in a given fiscal year.
       Section 622--House recedes to Senate amendment section 310. 
     This section extends the period for waiver of the foreign 
     country residence requirement for foreign medical graduates 
     to June 1, 2002, and amends INA sections 212(e) and 214(k) to 
     place additional conditions and restrictions on waivers 
     requested by a United States Government or State agency. 
     These additional restrictions are imposed, among other 
     things, to ensure that aliens granted such waivers remain 
     employed in positions deemed to be in the public interest.
       Section 623--House section 809 recedes to Senate amendment 
     section 175, with modifications. This section amends INA 
     sections 245A(c)(5) and 210(b)(6)(C) to require the Attorney 
     General to disclose information in an application for 
     legalization to a law enforcement entity, upon written 
     request, in connection with a criminal investigation or 
     prosecution, or to a coroner in order to identify a deceased 
     individual.
       Section 624--House recedes to Senate amendment section 311. 
     This section amends section 212(a)(5) to provide that in the 
     case of certain professional athletes, a labor certification 
     shall remain valid if the athlete is traded by his original 
     sponsoring employer to another team in the same sport.
       Section 625--House recedes to Senate amendment section 
     214(a), with modifications. This section amends INA section 
     214 to provide that an alien may not be given or validly 
     remain in nonimmigrant status under INA section 101(a)(15)(F) 
     if the alien is pursuing studies at a public elementary 
     school or publicly-funded adult education program. The 
     section also provides that an alien may not have such status 
     at a public secondary school unless the period of such status 
     does not exceed 12 months and the alien has paid 
     reimbursement equal to the full unsubsidized per capita 
     student cost. This amendment also provides that an alien who 
     obtains an ``F-1'' visa to pursue studies at a private 
     elementary or secondary school, or privately-funded language 
     program, shall be considered to have violated the conditions 
     of the visa if the alien terminates or abandons such studies 
     and undertakes studies at a public school or publicly-funded 
     adult education or language training program.
       Section 626--House recedes to Senate amendment section 328. 
     This section adds a new INA section 294 to permit the 
     Attorney General to expend appropriated funds to pay for the 
     transportation of the remains of any INS officer or Border 
     Patrol agent killed in the line of duty to a place of burial 
     in the United States, Puerto Rico, or U.S. territories or 
     possessions, as well as other related and incidental costs.


    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

       Section 631--Senate recedes to House section 807. This 
     section amends INA section 221(c) to provide that an 
     immigrant visa shall be valid for a period of six months, and 
     to provide that the period for validity of a nonimmigrant 
     visa issued to an alien of one nationality who has been 
     granted refugee status and been firmly resettled in another 
     country shall be based on the treatment granted by the 
     country of resettlement to alien refugees resettled in the 
     U.S.
       Section 632--House section 803(b) recedes to Senate 
     amendment section 157. This section amends INA section 222 by 
     adding a new subsection (g), providing that an alien who has 
     remained in the U.S. beyond the authorized period of stay may 
     not be readmitted to the United States on that nonimmigrant 
     visa, and may only be readmitted as a nonimmigrant 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 such 
     office, at a consular office designated by the Secretary of 
     State), or where extraordinary circumstances are found by the 
     Secretary of State.
       Section 633--House section 803(a) recedes to Senate 
     amendment section 172. This section amends INA section 
     202(a)(1) to clarify that the Secretary of State has non-
     reviewable authority to establish procedures for the 
     processing of immigrant visa applications and the locations 
     where visas will be processed.
       Section 634--House recedes to Senate amendment section 301, 
     with modifications. This section amends INA sections 222(c) 
     and (e) to make certain changes in the visa application 
     process.
       Section 635--House section 836 recedes to Senate amendment 
     section 302. This section amends INA section 217(f) to extend 
     the authorization for the Visa Waiver Pilot Program (VWPP) 
     through September 30, 1997. This section also repeals current 
     section 217(g) (regarding the probationary program), and adds 
     a new section 217(g) to specify procedures for termination of 
     a country's designation to participate in the VWPP. A country 
     with a disqualification rate of between 2 and 3.5 percent 
     shall be placed on probationary status for a period of not 
     more than 3 years. (The disqualification rate is the 
     percentage that the number of aliens from the country who 
     were found inadmissible, withdrew their applications for 
     admission, or were admitted as nonimmigrants and violated the 
     terms of their admission in a given fiscal year, represents 
     of the total number of nationals of that country who applied 
     for admission as nonimmigrant visitors during the same fiscal 
     year.) A country with a disqualification rate of greater than 
     3.5 percent shall be terminated from the VWPP at the 
     beginning of the second fiscal year after this determination 
     is made. If a country on probationary status by the end of 
     the designated period fails to develop a machine-readable 
     passport program or has a disqualification rate of greater 
     than 2 percent, the country shall be terminated from the VWPP 
     at the beginning of the first fiscal year after such 
     determination is made. The Attorney General and Secretary of 
     State retain the discretion to terminate any country's 
     designation as a participant in the VWPP, or to deny a waiver 
     to any individual from a country which is a participant.
       Section 636--House recedes to Senate amendment section 306, 
     with modifications. This section provides that the Secretary 
     of State may establish a fee for diversity immigrant visas to 
     be paid by each applicant for such a visa. The fee may be set 
     to recover the cost of administering the diversity visa 
     program, including the cost of processing all applications 
     for diversity visas. It is intended that this fee would be 
     paid by all entrants into the ``lottery'' for eligibility for 
     a diversity visa.
       Section 637--Senate recedes to House section 841, with 
     modifications. This section provides that certain aliens 
     selected as diversity immigrants during FY 1995, and whose 
     applications for adjustment of status under INA section 245 
     were accepted by the Attorney General, shall be selected for 
     diversity immigrant visas in FY 1997 and given priority over 
     other aliens selected for such visas. The number of Polish 
     nationals notified in FY 1995 that they were eligible for a 
     diversity immigrant visa exceeded the number of visas that 
     were available. The purpose of this provision is to place 
     these individuals in the same position they would have been 
     in FY 1995 had sufficient visas been available.


                      Subtitle D--Other Provisions

       Section 641--House recedes to Senate amendment section 215, 
     with modifications. This section requires the Attorney 
     General, in cooperation with the Secretaries of State and 
     Education, to collect from colleges and universities certain 
     information regarding nonimmigrant foreign students from 
     designated countries who are enrolled at such institutions 
     pursuant to visas under INA section 101(a)(15) (F), (J), or 
     (M). The information shall include the alien's identity, 
     current address, nonimmigrant classification, academic 
     standing, and disciplinary action, if any. Institutions shall 
     participate as a condition of their approval for 
     participation in exchange student visa programs, and the 
     collection of data shall be funded by a fee charged on all 
     visas issued under section 101(a)(15) (F), (J), or (M).
       Section 642--Senate amendment section 177 recedes to House 
     section 833, with modifications. This section provides that 
     notwithstanding any other provision of Federal, State, or 
     local law, no State or local government entity shall prohibit 
     or in any way restrict any government entity or official from 
     sending to or receiving from the INS information regarding 
     the immigration status of any individual in the United 
     States.
       Section 643--Senate recedes to House section 834. This 
     section requires the Attorney General, not later than 6 
     months after the date of enactment, to issue regulations 
     regarding the rights of ``habitual residence'' under the 
     Compacts of Free Association between the United States and 
     the governments of the Marshall Islands, and the Federated 
     States of Micronesia, and between the United States and 
     Palau.
       Section 644--Senate recedes to House section 835. This 
     section requires aliens from certain countries specified by 
     the INS in consultation with the Secretary of State to be 
     advised prior to or at the time of entry into the United 
     States of the severe harm caused by female genital mutilation 
     and the potential legal consequences in the United States

[[Page H10907]]

     of performing female genital mutilation or of allowing a 
     child to be subjected to female genital mutilation.
       Section 645--House recedes to Senate amendment section 335. 
     This section amends chapter 7 of title 18 to add a new 
     section 116, prohibiting the practice of female genital 
     mutilation on any individual less than 18 years old, and 
     setting penalties of up to 5 years imprisonment.
       Section 646--Senate recedes to House section 837. This 
     section will permit the adjustment of status of certain 
     nationals of Poland and Hungary who were paroled into the 
     United States between November 1, 1989, and December 31, 
     1991, after having been denied refugee status.
       Section 647--Senate amendment section 307 recedes to House 
     section 838. This section requires the Attorney General to 
     make available funds up to $5,000 for demonstration projects 
     in support of naturalization ceremonies to be conducted in 
     fiscal years 1997 through 2001.
       Section 648--Senate recedes to House section 842. This 
     section states the sense of Congress that, to the extent 
     practicable, all equipment and products purchased with funds 
     authorized by this Act shall be American-made, and that 
     recipients of grants under this Act receive notice of this 
     statement of Congress.
       Section 649--House recedes to Senate amendment section 
     171(b). This section amends 50 U.S.C. 191 to extend the 
     authority of the Attorney General to direct the movement of 
     vessels in emergencies to include situations of actual or 
     anticipated mass migrations of aliens arriving by sea.
       Section 650--House recedes to Senate amendment section 308. 
     This section requires the Attorney General to investigate and 
     submit a report to Congress regarding the practices of 
     entities authorized by regulation to administer the English 
     and civics tests to applicants for naturalization. A 
     preliminary report shall be submitted within 90 days of 
     enactment, and a final report shall be issued within 275 days 
     after submission of the preliminary report.
       Section 651--House recedes to Senate amendment section 309. 
     This section provides that the United States Customs 
     Administrative Building at the Ysleta/Zaragosa Port of Entry 
     in El Paso shall be known as the ``Timothy C. McCaghren 
     Customs Administrative Building.''
       Section 652--House recedes to Senate amendment section 312. 
     This section addresses abuses in the practices of certain 
     international matchmaking organizations (``mail order bride 
     businesses'') by requiring such organizations, under pain of 
     civil penalty, to provide certain immigration information to 
     potential recruits for immigration to the United States, and 
     by requiring the Attorney General to conduct a study and 
     submit a report to Congress regarding the number of mail 
     order marriages, the extent of marriage fraud arising as a 
     result of such marriages, the extent of domestic abuse in 
     such marriages, and the need for expanded regulation to 
     implement the policies of the Violence Against Women Act of 
     1994 in this area.
       Section 653--House recedes to Senate amendment section 321. 
     This section requires the Comptroller General to review the 
     effectiveness of the H-2A nonimmigrant program to ensure that 
     the program provides a workable safety valve in the event of 
     future shortages of domestic agricultural workers. The report 
     shall be submitted not later than December 31, 1996, or 3 
     months after the date of enactment, whichever is sooner.
       Section 654--House recedes to Senate amendment section 333. 
     This section requires the Commissioner of the Customs Service 
     to initiate a study of allegations of harassment by Canadian 
     Customs agents designed to deter cross-border commercial 
     activity along the United States-New Brunswick border. The 
     study shall include a review of the connection between such 
     incidents of harassment and the imposition of the New 
     Brunswick Provincial Sales Tax on goods purchased in the 
     United States by New Brunswick residents. The Commissioner 
     shall consult with State and local officials in Maine in 
     conducting this study, and shall submit a report to Congress 
     on results of the study within 120 days of enactment of this 
     Act.
       Section 655--House recedes to Senate amendment section 334. 
     This section states the sense of Congress that the collection 
     by Canadian Customs officials of a New Brunswick Provincial 
     Sales Tax on goods purchased in the United States by 
     residents of New Brunswick, but not on goods purchased by New 
     Brunswick residents in other Canadian provinces, may violate 
     the North American Free Trade Agreement (NAFTA) and that the 
     United States Trade Representative should move without delay 
     in seeking redress under the dispute resolution process in 
     chapter 20 of NAFTA.
       Section 656--House sections 831 and 832 recede to Senate 
     amendment section 118, with modifications. Without placing 
     mandates on states, this section establishes grant programs 
     to encourage states to develop more counterfeit-resistant 
     birth certificates and driver's licenses. After October 1, 
     2000, Federal agencies may only accept as proof of identity 
     driver's licenses that conform to standards developed by the 
     Secretary of the Treasury after consultation with state motor 
     vehicle officials through the American Association of Motor 
     Vehicle Administrators. Beginning 4 years after the date of 
     enactment, Federal agencies may only accept birth 
     certificates issued after such date that conform to standards 
     developed by the Secretary of Health and Human Services after 
     consultation with appropriate State officials. The managers 
     intend that the new standards developed in consultation with 
     state officials apply only to licenses issued or renewed 
     after October 1, 2000, and only to birth certificates issued 
     more than 4 years after the date of enactment.
       Section 657--House recedes to Senate amendment section 332, 
     with modifications. This section requires the Commissioner of 
     Social Security to develop a prototype of a counterfeit-
     resistant social security card, and requires the Comptroller 
     General to conduct a study and issue a report to Congress 
     that examines different methods of improving the social 
     security card application process.
       Section 658--House recedes to Senate amendment section 314. 
     This section will authorize the transfer of INA artifacts to 
     the Border Patrol Museum and Memorial Library Foundation.
       Section 659--Senate recedes to House section 840. This 
     section states the sense of Congress regarding enforcement 
     priorities of the INS.


                   Subtitle E--Technical Corrections.

       Section 671--Senate recedes to House section 851, with 
     modifications. This section makes a number of entirely 
     technical corrections to the Immigration Reform and Control 
     Act of 1986, the Immigration and Nationality Technical 
     Corrections Act of 1994, the Immigration and Nationality Act, 
     and other legislation.


                            Other Provisions

       The House recedes to the Senate on the following 
     provisions: House sections 222, 300, 801.
       The Senate recedes to the House on the following 
     provisions: Senate amendment sections 120B, 120D, 120E, 305, 
     318.

     Henry Hyde,
     Lamar Smith,
     Elton Gallegly,
     Bill McCollum,
     Bob Goodlatte,
     Ed Bryant,
     Sonny Bono,
     Bill Goodling,
     Randy ``Duke'' Cunningham,
     Howard P. ``Buck'' McKeon,
     E. Clay Shaw, Jr.,
                                Managers on the Part of the House.

     Orrin Hatch,
     Al Simpson,
     Chuck Grassley,
     Jon Kyl,
     Arlen Specter,
     Strom Thurmond,
     Dianne Feinstein,
     Managers on the Part of the Senate.

                          ____________________